Lot #19 Conceptual Drawing
Sunday, December 5, 2010
Saturday, August 7, 2010
Welcome to Our Newest Community Members
We welcome Bob, Gail, Peter and Mike - Lot #19,
Sharlyn Stewart - Lot #30 and
Menlha Bruneau - Lot #33.
We are all so stoked to have you as new members to our San Juanillo Estates Community!
Bob, Gail, Peter and Mike are from the Colorado area and paln on building very soon.
Menla Bruneau resides in Costa Rica and Canada. She is the owner of Hacienda Del Sol. Visit her web site at : http://www.haciendadelsolcr.com/
Sharlyn currently resides in the Cayman Islands and Costa Rica.
Again, welcome!
We look forward to you being a part of San Juanillo Estates Community.
Pura Vida, SJE HOA.
Wednesday, June 9, 2010
Congratulations to Bob and Monique!
Bob and Monique Munro took their wedding vows last week. We wish them, love, health and happiness.
Saturday, May 22, 2010
Thursday, April 15, 2010
Minutes of April 10, 2010 SJE HOA Meeting
Meeting Minutes SJE HOA April 10, 2010
The second meeting of the San Juanillo Estates Homeowners Association (SJE H OA) was held on April 10, 2010 at the offices of Bob Demos in Pleasantville, NJ.
Attendees:
Kurt Becker (President), Bryan Brillhart (VicePresident), Sandy Brillhart (Secretary), Bob Demos(Patas Pequenas), Ron DiGregorio (Patas Pequenas ), Mike Fitzgerald
Via telephone: Jeff Bowdler, Barb Morgan, Dave Morgan, new owners Mike and Bob from Colorado
The President called the meeting to order, introduced attendees and asked for comments on the minutes of the last meeting. Being none, the minutes were approved as submitted.
Kurt reported that, thanks to Glen Auwarter of Patas Pequenas, he now has updated contact information for all lot owners. Ron di Gregorio and Kurt Becker will follow up with those whose contact information is incomplete and will send registered letters to them if necessary.
Kurt reported that there are 3 lots that have been sold but that have not yet closed. Kurt will follow up with Ricardo Cordero, the attorney for Patas Pequenas, on their status. The owners of these lots have paid their HOA dues.
Kurt suggested that all SJE owners refer regularly to the blog for news and updates on our community. Bryan stated that he posts news and general items of interest about Costa Rica, as well as specific updates about SJE on the blog. He encouraged all owners to comment and post information. Kurt emphasized that the blog is a living, viable document that not only helps keep owners informed, but also serves as a marketing tool to potential owners.
Kurt reported that 32 lots have been sold and that road repairs and lot clearing are underway. He noted that almost all of the individual lot owners paid their dues and lot clearing fees. Jeff asked about the fees for next year and whether the dues and assessment include planting trees. Kurt stated that we have $1,350 budgeted for common areas, but that planting on individual lots is the responsibility of the individual owners. He emphasized that the $100 lot clearing fee was a one time special assessment to manage the growth on our lots. Bryan stated that managing the growth is necessary because Costa Rica government prohibits the removal of trees over 3” in diameter. Kurt offered to follow up with Monique to obtain a list of nurseries for lot owners who may want to plant on their lots.
Kurt stated that the current budget and proposed CC&Rs require the developers to pay HOA dues and assessments for all unsold lots. Kurt, Bryan, Sandy and Dave stated that this was how other HOAs they are involved with handle unsold lots. Ron stated that he will discuss this with the other Patas Pequenas partners and will advise us of their commitment. He stated that the developers have invested in improving and protecting the property for years without imposing fees on the lot owners. Ron expressed confidence that the partners would arrive at a fair fee structure for the unsold lots. He suggested the possibility of the partners putting funds from the sale of lots into an escrow account and using them to pay for the property managers, fees, commissions, caretaker and marketing. Bryan reiterated the need for a specific commitment from the partners for the unsold lots.
Jeff asked what, if any, contractual agreements exist between the developers and the caretaker and whether the current caretaker is necessary. Kurt, Bryan and Sandy stated that , based on their recent visits, he does a good job protecting the property against squatters and maintaining the land. Ron did not know if the caretaker was under contract and stated any buy-outs would be subject to Costa Rican labor law. Ron agreed to present a job description and contract for the caretaker position.
The new owners , Mike and Bob, asked if the annual dues were likely to increase next year. Kurt stated that the goal is to contain costs to keep the fees for the lot owners reasonable.
There was discussion about dedicating a lot or section of the community for common shared uses such as recreation, solar farm , band-shell or community garden . All agreed that this was desirable and Ron said he would discuss with the partners.
Kurt reported that Glen gave him marketing brochures and said he could provide them to anyone who is interested. Everyone agreed that a marketing plan from Patas Pequenas is needed. Mike F. affirmed his support of the ideas developed at the first HOA meeting for the developers to build a spec house or donate a lot for a group of owners to build a house. There was agreement that this would help spur sales and could provide a place for owners to live while their houses were being built. Ron will discuss this further with the partners.
Kurt stated that he, Bryan and Sandy met several times to review and modify the CC&R documents. He asked everyone to read them carefully and provide him with their comments within 2 weeks. . Dave said that he reviewed them and found them acceptable. Kurt said that he will ask all lot owners to vote to approve the document after comments are received. He added that Costa Rican law does not recognize CC&Rs. Bryan stated that the CC&Rs were meant to be a mutual and respectful agreement for the benefit of all lot owners.
Sandy asked if the proceeds from the sale of the new lot would be used to pay the Environmental Certification fee as discussed at the last meeting. Ron said that he would discuss this with the other partners and include it in the fare structure proposal for the unsold lots.
Kurt suggested that the community might eventually want to get involved with local causes or non profits such as the Save the Rainforest campaign. It was agreed that it is important for SJE to be good neighbors who are respectful and supportive of local customs and the environment but that it is premature for us to support any one cause at this time.
Kurt stated that the next meeting will be held in December and reminded everyone to get their comments on the proposed CC&Rs to him within the next two weeks.
ACTION ITEMS
ALL – GET COMMENTS ON CC&RS TO KURT BY APRIL 25
RON AND KURT – UPDATE CONTACT INFO FOR LOT OWNERS
KURT – FOLLOW UP WITH RICARDO REGARDING CLOSING STATUS
KURT – FOLLOW UP WITH MONIQUE FOR NAMES OF LANDSCAPERS
RON – FOLLOW UP WITH PATAS PEQUENAS AND PROVIDE SPECIFIC COMMITMENT ON UNSOLD LOTS
RON – FOLLOW UP WITH PARTNERS ON DONATING LOT, BUILDING SPEC HOUSE; COMMUNITY OPEN SPACE ; ENVIRONMENTAL CERTIFICATION
RON – PROVIDE JOB DESCRIPTION, INFORMATION ON CONTRACT FOR CARETAKER
The second meeting of the San Juanillo Estates Homeowners Association (SJE H OA) was held on April 10, 2010 at the offices of Bob Demos in Pleasantville, NJ.
Attendees:
Kurt Becker (President), Bryan Brillhart (VicePresident), Sandy Brillhart (Secretary), Bob Demos(Patas Pequenas), Ron DiGregorio (Patas Pequenas ), Mike Fitzgerald
Via telephone: Jeff Bowdler, Barb Morgan, Dave Morgan, new owners Mike and Bob from Colorado
The President called the meeting to order, introduced attendees and asked for comments on the minutes of the last meeting. Being none, the minutes were approved as submitted.
Kurt reported that, thanks to Glen Auwarter of Patas Pequenas, he now has updated contact information for all lot owners. Ron di Gregorio and Kurt Becker will follow up with those whose contact information is incomplete and will send registered letters to them if necessary.
Kurt reported that there are 3 lots that have been sold but that have not yet closed. Kurt will follow up with Ricardo Cordero, the attorney for Patas Pequenas, on their status. The owners of these lots have paid their HOA dues.
Kurt suggested that all SJE owners refer regularly to the blog for news and updates on our community. Bryan stated that he posts news and general items of interest about Costa Rica, as well as specific updates about SJE on the blog. He encouraged all owners to comment and post information. Kurt emphasized that the blog is a living, viable document that not only helps keep owners informed, but also serves as a marketing tool to potential owners.
Kurt reported that 32 lots have been sold and that road repairs and lot clearing are underway. He noted that almost all of the individual lot owners paid their dues and lot clearing fees. Jeff asked about the fees for next year and whether the dues and assessment include planting trees. Kurt stated that we have $1,350 budgeted for common areas, but that planting on individual lots is the responsibility of the individual owners. He emphasized that the $100 lot clearing fee was a one time special assessment to manage the growth on our lots. Bryan stated that managing the growth is necessary because Costa Rica government prohibits the removal of trees over 3” in diameter. Kurt offered to follow up with Monique to obtain a list of nurseries for lot owners who may want to plant on their lots.
Kurt stated that the current budget and proposed CC&Rs require the developers to pay HOA dues and assessments for all unsold lots. Kurt, Bryan, Sandy and Dave stated that this was how other HOAs they are involved with handle unsold lots. Ron stated that he will discuss this with the other Patas Pequenas partners and will advise us of their commitment. He stated that the developers have invested in improving and protecting the property for years without imposing fees on the lot owners. Ron expressed confidence that the partners would arrive at a fair fee structure for the unsold lots. He suggested the possibility of the partners putting funds from the sale of lots into an escrow account and using them to pay for the property managers, fees, commissions, caretaker and marketing. Bryan reiterated the need for a specific commitment from the partners for the unsold lots.
Jeff asked what, if any, contractual agreements exist between the developers and the caretaker and whether the current caretaker is necessary. Kurt, Bryan and Sandy stated that , based on their recent visits, he does a good job protecting the property against squatters and maintaining the land. Ron did not know if the caretaker was under contract and stated any buy-outs would be subject to Costa Rican labor law. Ron agreed to present a job description and contract for the caretaker position.
The new owners , Mike and Bob, asked if the annual dues were likely to increase next year. Kurt stated that the goal is to contain costs to keep the fees for the lot owners reasonable.
There was discussion about dedicating a lot or section of the community for common shared uses such as recreation, solar farm , band-shell or community garden . All agreed that this was desirable and Ron said he would discuss with the partners.
Kurt reported that Glen gave him marketing brochures and said he could provide them to anyone who is interested. Everyone agreed that a marketing plan from Patas Pequenas is needed. Mike F. affirmed his support of the ideas developed at the first HOA meeting for the developers to build a spec house or donate a lot for a group of owners to build a house. There was agreement that this would help spur sales and could provide a place for owners to live while their houses were being built. Ron will discuss this further with the partners.
Kurt stated that he, Bryan and Sandy met several times to review and modify the CC&R documents. He asked everyone to read them carefully and provide him with their comments within 2 weeks. . Dave said that he reviewed them and found them acceptable. Kurt said that he will ask all lot owners to vote to approve the document after comments are received. He added that Costa Rican law does not recognize CC&Rs. Bryan stated that the CC&Rs were meant to be a mutual and respectful agreement for the benefit of all lot owners.
Sandy asked if the proceeds from the sale of the new lot would be used to pay the Environmental Certification fee as discussed at the last meeting. Ron said that he would discuss this with the other partners and include it in the fare structure proposal for the unsold lots.
Kurt suggested that the community might eventually want to get involved with local causes or non profits such as the Save the Rainforest campaign. It was agreed that it is important for SJE to be good neighbors who are respectful and supportive of local customs and the environment but that it is premature for us to support any one cause at this time.
Kurt stated that the next meeting will be held in December and reminded everyone to get their comments on the proposed CC&Rs to him within the next two weeks.
ACTION ITEMS
ALL – GET COMMENTS ON CC&RS TO KURT BY APRIL 25
RON AND KURT – UPDATE CONTACT INFO FOR LOT OWNERS
KURT – FOLLOW UP WITH RICARDO REGARDING CLOSING STATUS
KURT – FOLLOW UP WITH MONIQUE FOR NAMES OF LANDSCAPERS
RON – FOLLOW UP WITH PATAS PEQUENAS AND PROVIDE SPECIFIC COMMITMENT ON UNSOLD LOTS
RON – FOLLOW UP WITH PARTNERS ON DONATING LOT, BUILDING SPEC HOUSE; COMMUNITY OPEN SPACE ; ENVIRONMENTAL CERTIFICATION
RON – PROVIDE JOB DESCRIPTION, INFORMATION ON CONTRACT FOR CARETAKER
Sunday, April 11, 2010
April Meeting Held Saturday April 10
Attending the April SJE HOA meeting were Bob Demos (Developer) , Sandra and Bryan Brillhart (Secretary and Vice President of SJE HOA), Kurt Becker (President of SJE HOA), Mike Fitzgerald (Owner) , and Ron DeGregorio (Developer). Phone attendees, Dave and Barbara Morgan, Jeff Bowdler, Bob and Mike from Colorado and potential Lot 19 purchasers.
Friday, April 9, 2010
SJE HOA CCR's
COVENANTS, CONDITIONS AND RESTRICTIONS
Project document.
The present document is a summary document which contains a list of the different covenants, conditions and restrictions (from here on referred to as CCRs) that apply for the residential lots (referred to as “Properties” in the CCRs) of San Juanillo Estates subdivision project (from here on referred to as (SJE). Actual final wording and legal instrument for implementation will be a separate document.
These CCRs will apply to all the residential lots of SJE. All CCRs will apply to all residential lots of SJE, exception made of the cases where it is indicated that a specific CCR does not apply to an specific lot. Project is intended to be composed by a total of forty-eight lots as set forth in the current preliminary subdivision map of the Project; some changes may be made on the final version of the subdivision map of the Project. Developer reserves the right to add up to three lots as part of SJE, which would be segregated from adjacent lands owned by the Developer. No subdivision of the lots is permitted in SJE.
Captions and Article headings contained in this document are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of this document nor the intent of any provision hereof.
1)- GENERAL PROPERTY AND BUILDINGS.
1.1)- Permitted uses.
a)- Properties and buildings are to be dedicated only for residential use.
b)- No commercial, services or industrial use is permitted in the Properties or in the buildings. The only commercial and service uses permitted in SJE are small boutique hotel units such as a bed and breakfast as well as a personal home office with approval of the Architectural Review Committee.
c)- House rentals are permitted subject to the following rules: i)- Rental is permitted only for residential use. ii)- Any rental for any other use or purpose (including commercial, services or industrial uses or purposes) is prohibited. iii)- Rental is to be for the complete compound within the property or for the complete Guest House or the complete Main House; no rental of individual parts or individual rooms of any house is permitted in any way; no rentals under the form of hotel, motel or any similar form is permitted in any way.
1.2)- Number of buildings.
Within each Property only the following buildings will be permitted:
a)- One Main House. The main house can be designed as a one-module structure or as a group of interconnected modules, which are conceived and designed as a unit. Approval by the Architectural Review Committee is required, prior to construction.
b)- One Guest House. The guest house can be designed as a one-module structure or as a group of interconnected modules, which are conceived and designed as a unit. Approval by the Architectural Review Committee is required, prior to construction.
c)- A Separated Garage building, located in the close vicinity of the Main House will be allowed. Approval by the Architectural Review Committee is required, prior to construction.
d)- No barns, storage buildings, or any other building or construction, different from the ones herein permitted, will be allowed on the Property.
e)- Bed and breakfast units with approval by the Architectural Review Committee.
1.3)- Design restrictions.
a)- Constructions and buildings within SJE are not subject to a specific architectural style, but all constructions and buildings have to conform to the terms and rules included in these CCRs and with the building, health and general rules and laws of Costa Rica.
b)- All building and remodeling plans have to be submitted to approval by the Architectural Review Committee.
1.4)- Size regulations.
a)- Size of Main House.
i)- Minimum size for Main House is two hundred square meters (2153 sq. ft).
ii)- Maximum size: there is no maximum size for the Main House, but considerations should be kept in order to keep the total coverage on the Property within the limits set and established in this CCRs. The size or structure of the house can not infringe, obstruct or impede the views of any other lot owner.
b)- Size of Guest House.
i)- Minimum size for Guest House is seventy five square meters (807 sq. ft.).
ii)- Maximum size: there is no maximum size for the Guest House, but considerations should be kept in order to keep the total coverage on the Property within the limits set and established in this CCRs.
c)- Size of Separated Garage.
i)- Maximum size for Separated Garage is one hundred square meters (1076 sq. ft.).
d)- Maximum permitted total coverage of Main House, Guest House, Separated Garage, pool(s), parking areas and driveways, altogether, for each Property will be equivalent to fifty per cent (50%) of the Property size.
1.5)- Height regulations.
a)- Main House. Maximum permitted number of floors for the Main House is two floors plus one basement level. Maximum permitted design height for the two floors together is nine meters (27 ft.).
b)- Guest House. Maximum permitted number of floors for the Guest House is two floors plus one basement level. Maximum permitted design height for the two floors together is nine meters.
c)- Separated Garage. Maximum permitted number of floors for the Separated Garage is one floor. Maximum permitted design height for the Separated Garage is six meters (18 ft.).
d)- Method of determination of height. Height of building is considered to be the distance between the ground level at first floor and the top level of the roof (highest roof feature). On sloping sites, height of building will be measured from the point where the ground level meets the base of the floor on the first floor level (basement excluded) of the building.
1.6)- Swimming pools.
Only one pool will be allowed on each Property, and it will be located in the immediate vicinity of the Main House; the measure of the pool is to be considered as part of the measure of the Main House. In those Properties with a measure of at least two hectares, an extra pool will be allowed for the Guest House, and it will be located in the immediate vicinity of the Guest House; when allowed, the measure of this pool is to be considered as part of the measure of the Guest House.
1.7)- Sports Courts/Fields.
No sports courts/fields are permitted within the Property. The only exception is the placement of a basketball board in the immediate area of the Main House.
1.8)- Fencing/walls.
a)- In order to maintain and encourage the free circulation and ranging of wildlife in the properties, no fencing of any type is permitted within SJE, exception made of the cases specifically indicated in this CCRs. On the Properties of SJE fencing will be permitted on the side boundaries and the back boundary of each Property and no fencing will be permitted on the boundary of the Property facing the internal or public road. The fencing will have to fit the following characteristics: a)- maximum height: one meter and fifty centimeters; b)- type of fencing: subject to Architectural Review Committee approval.
b)- Marking of the boundaries of each Property is also permitted by planting spaced individual plants, which shall have a maximum height of one meter and fifty centimeters or be kept trimmed to that height, or by placing spaced markers (spaced at least ten meters one from the other), which shall have a maximum height of thirty centimeters.
c)- The only permitted fencing within SJE will be the necessary fencing for an enclosed area (with a maximum measure of ten meters by ten meters) to contain permitted domestic pets, if needed during periods of homes construction, repair or refurbishing as determined by the Architectural Review Committee and around swimming pools for safety. Such fencing shall be placed in a manner that it is little visible as possible from other Properties.
1.9)- Sewage.
Each building must have its own septic system to treat sewage. The corresponding system will have to be designed in a way that it does not affect the environment nor produce any odors or effluents that may affect the environment, the adjacent Properties or any type of water streams (whether permanent or seasonal). The septic system must meet or exceed SETENA requirements.
1.10)- Drainage.
Drainages, for septic systems, roof gutters and all pluvial waters, must be designed and built in such a way that they minimize runoff consequences, do not affect the environment, the adjacent Properties or any type of water streams (whether permanent or seasonal), nor produce any odors or effluents that may affect the environment, the adjacent Properties or any type of water streams (whether permanent or seasonal).
1.11)- Disruption of natural habitat.
All constructions, buildings, landscaping and in general all works within the Property must be designed, built and maintained in such a way that the minimum possible disruption of the environment and Nature is caused.
1.12)- Building procedure rules.
1.12.1)- Approval by the Architectural Review Committee.
a)- No exterior construction or remodeling of any sort of landscaping, structure or building (from here on denominated as improvements) shall be commenced without first being submitted to and approved by the Architectural Review Committee, as to harmony of exterior design and location of the structure or building in relation to surrounding structures, topography and natural surroundings.
b)- For such purposes, the corresponding plans of the exterior construction or remodeling to be made shall be presented to the Architectural Review Committee, together with the corresponding submission form, which shall be provided by the said Committee, duly completed and signed. A fee of One Hundred Dollars may be required at the time of submitting the said documents to the Committee.
c)- Documents to be submitted are: i)- submission form provided by the Committee with the information therein requested; ii)- building plans and specifications; iii)- proposed schedule of completion of the improvements. Three copies of all documents must be presented to the Committee.
d)- Building plans and specifications shall be presented in Spanish and English and dimensioned in a metric scale and American Unit of Measure, and shall include: i)- site plan with building location, driveways, landscaping and topography (including proposed and existing drainage), ii)- footing/foundation plan, iii)- floor plans, iv)- roof plan, v)- exterior elevations (all sides), vi)- swimming pool design (if any), vii)- an outline of construction materials and/or specifications, viii)- structural engineering calculations, ix)- exterior color samples, x)- electric plans, xi)- plumbing and sewage plans, xii)- description of sustainable features incorporated into design, xiii)- catalog cut sheets of proposed mechanical equipment, pool equipment, major appliances, exterior lighting fixtures and signage.
e)- In passing upon such documents, plans and specifications, it shall be the objective of the Architectural Review Committee to make certain that no improvements will impair the aesthetic and monetary value of the Properties, nor be in disagreement with the present CCRs.
f)- The Committee shall consider all factors relating to the quality of the improvements and the compatibility and harmony of the improvements with the natural environment, including, but not limited to, the location of the improvements on the Properties and the color scheme, materials, design, proportions, shape, height and style of the improvements, the effect of the improvements on adjacent or neighboring Properties, the location and character and method of utilization of all utility lines, the amount of native growth required to be cleared for erection of the improvement, the impact of any proposed improvements upon the natural surroundings, and the timely and orderly completion of all such improvements.
g)- The design will be reviewed for general conformance with the design covenants established herein. Special emphasis shall be placed on sustainable design and/or design procedures for passive environmental technologies such as but not limited to solar panels, solar gardens, green roofs, wind generated power and geothermal but as not to limit or obstruct the view of any other lot owner.
h)- Prefabricated buildings, trailer homes, fixed wall tent structures, geodesic dome structures, “earthships” or formed on site plastic homes are strictly prohibited. Thatched roof construction may be used for structures, provided it is regularly maintained by the Property Owner. Mirrored reflecting glass shall not be permitted on the exterior.
i)- The designs shall be resistant to earthquakes, heavy rains and high winds. Special consideration should be given to soil bearing capacities, erosion prevention and the potential for differential settlement on steeper Properties.
j)- The Committee, at its sole discretion and when deemed necessary, may decide to hire an engineering consultant to review the documents, plans and specifications submitted by the Property Owner. The cost of the fees of that consultant shall be reasonable and may required to be paid by the Property Owner.
k)- The review process shall allow for exceptions and variances to the design, within the rules of these CCRs as deemed appropriate. New products and technologies, which support the concept of sustainability, will be given special consideration for approval as long as they fit within the aesthetic parameters established herein.
l)- Once the documents are submitted, the said Committee shall have a period of one month to approve or disapprove the submitted documents. In case of disapproval, the Committee must indicate the reasons of disapproval. Should the Committee fail to approve or disapprove the submitted documents within the aforesaid period, approval by the Committee will not be required and the Property Owner may continue with the building process. Such tacit approval does not waive the Property Owner’s obligation to perform in accordance with the rest of the present CCRs.
m)- Approvals for improvements shall be valid for up to twenty four months. If such improvements are not commenced within this time, the Property Owner must resubmit all documents to the Architectural Review Committee.
1.12.2)- Building materials and structures.
a)- All building materials and workmanship shall be of highest available quality.
b)- Building materials should reflect a low environmental impact. Careful consideration shall be given to the selection of materials that are made of recycled materials, can be recycled, and/or are produced without waste of energy or resources. Special attention should be given to selecting paints, adhesives and other building components that do not produce significant off-gassing.
c)- First floor at grade shall be reinforced to resist earthquake stresses and differential movement. Structures supporting floors above grade may be reinforced concrete, steel and/or wood. If wood is selected as structural components, care should be taken to design such components to avoid termite infestation and provide moisture resistance.
d)- The use of metal components on the exterior of the building is generally discouraged as a primary part of the exposed building envelope. Care should be taken to protect metal building components from corrosion in the tropical climate. The use of wrought iron decorative components is permitted.
e)- Exterior walls shall be stucco over reinforced concrete or Concrete Masonry Units (CMU). Wood stud walls and steel framing may also be used with CMU fills. No metal or vinyl siding shall be permitted.
f)- Interior walls may be constructed of metal or wood studs with gypsum wallboard, plaster, concrete, CMU, glass in wood or metal frames or glass block. Wood may be used for open screens. When wood is employed, care should be taken to prevent termite infestations.
g)- Walls should be finished in paint, textured plaster, tile, stone or other materials resistant to humidity. Fabric or vinyl wall coverings are discouraged.
h)- Floors may be tile, stone, hardwood or other materials resistant to humidity and termites. Use of products with recycled content is encouraged.
i)- Ceilings finishes may be painted gypsum board or concrete, hardwood or any other materials appropriate for the climate. Dropped acoustical panel ceilings are discouraged.
j)- Flat roofs shall be concealed with parapet walls and they must provide adequate roof drains and overflow scuppers for heavy rains. If skylights are used in the design, they shall be designed to resist high winds and heavy rain. If a skylight is used on a flat roof, a curb should be provided to maintain its watertight integrity during heavy rains.
k)- Sloping roof structures may be of steel or wood structure with concrete, clay or recycled material roof tiles. Prefinished standing seam metal roofs are permitted subject to approval of color. Green Roofs are permitted. Roof top solar panels are permitted. Metal sheet covers are permitted for the roof subject to color approval by the Architectural Review Committee.
l)- No corrugated plastic roofs –finished or unfinished- shall be permitted. No asphalt shingles shall be permitted.
1.12.3)- Building process.
a)- Prior to start of any constructions or remodeling, the corresponding approval must be obtained from the corresponding authorities, as well as all necessary Permits and fulfillment of legal obligations as per Costa Rican laws.
b)- Prior to commencement of the actual construction, the Property Owner must submit to the Architectural Review Committee a report document including: i)- proof of having obtained the corresponding permits and approvals requested by the Costa Rican laws; ii)- the name of the building company and of the company that will be in charge of inspections; and iii)- a detailed list of the persons that will be participating in the works (including full name and ID document number). The list of persons will have to be updated on a monthly basis and presented to the Architectural Review Committee.
c)- Permitted building hours are from seven in the morning thru six in the afternoon, Monday thru Friday, and from seven in the morning thru one in the afternoon on Saturdays. No building is permitted on Sundays.
d)- Noise control. Noise levels during the building process must be kept to the minimum possible. The Property Owner shall take the corresponding measures to minimize the level of noise.
e)- Dust and emissions control. No dust or emissions should be produced that may directly affect the neighboring Properties or the environment. Dust and emissions should be kept to the minimum level possible and the corresponding measures will be taken for those effects. The Property Owner shall take the corresponding measures to minimize the level of dust and emissions.
f)- All trash and debris produced during the construction process must be immediately properly disposed of.
g)- Building materials shall be stored on the building site. Materials shall be secured in such a manner as to resist movement from wind. A building materials storage temporary building shall be permitted. No other temporary buildings or shacks, tents or trailers will be allowed, exception made of a construction management trailer.
h)- Truck and building vehicles circulation will be allowed only during permitted building hours.
i)- No parking of trucks or vehicles or storage of building materials will be permitted in the Internal Roads.
j)- In the design process as well as in the building process, preventive measures shall be taken to minimize erosion and for silt control. Proper cover materials and restraining structures shall be used to avoid the start of any erosion or silt runoff or accumulation during the construction process.
k)- All building of structures commenced shall be prosecuted diligently to full completion.
1.12.4)- Liabilities.
Property owner shall be liable for any damages and harms caused to third properties or persons during the building process or as a consequence of the building process.
1.12.5)- Impact fee.
a)- An impact fee shall be charged for the construction of any improvement, which shall be payable to the Homeowners Association, whom shall use it for the maintenance of the Internal Roads, the road giving access to the Project and any other Common Areas affected by the construction process.
b)- The impact fee shall be equivalent to Fifty Cents of a Dollar per square foot of construction area (driveways and parking areas excluded), and it shall be paid prior to the commencement of construction into an Escrow Account and to be paid in full at completion of construction based on an actual assessment made by the ARC any unused portion will be refunded to the lot owner.
2)- COMMON AREAS.
2.1)- Definition.
Common areas of SJE are: a)- internal roads system, b)- water system and c)- electric power system.
2.1.1)- Internal Roads.
a)- Internal roads of the project are provided by Developer for all Properties. Developer does not provide internal driveways for each Property; internal driveways are not to be considered part of the Internal roads system nor a Common Area.
b)- Internal roads are provided by Developer. Final finish of the Internal roads will be crushed stone.
c)- Minimum width of the right of way for the Internal Roads is seven meters. Actual road surface will have a maximum width of five meters.
d)- Whenever needed, Properties of SJE will bear the corresponding easements needed for the placement, operation and maintenance of the Internal Roads of the project, as per the design provided by Developer.
2.1.2)- Water system.
a)- A general water system for the project, which will serve all Properties, is provided by the Developer.
b)- Whenever needed, Properties of SJE will bear the corresponding easements needed for the placement, operation and maintenance of the water system of the project, as per the design provided by Developer.
2.1.3)- Electric power system.
a)- A general overhead primary electrical power lines system, which will serve all Properties is provided by Developer.
b)- Developer supplies the system which is composed of: i)- the corresponding overhead primary electrical power lines to take electrical power to all Properties; ii)- the transformers needed for the system. System will be operational as per the standards of the Costa Rican Electricity Institute (ICE), and ownership of the system will later be transferred to ICE by the Homeowners Association.
c)- Whenever needed, Properties of the LJSP will bear the corresponding easements needed for the placement, operation and maintenance of the electrical system of the project, as per the design provided by Developer.
2.2)- Assessments.
2.2.1)- Obligation of payment. Determination, approval and usage of assessments.
a)- All Property Owners will pay maintenance and capital assessments for the common areas.
b)- Maintenance assessments will be determined and approved on an annual basis and they shall be amended as needed with the vote of at least 51% of the votes present at the corresponding Meeting of the Homeowners Association or by proxy vote. Each lot owner present or each proxy vote is entitled to one vote per lot owned. Capital assessments will be determined and approved as it may be deemed necessary by the Homeowners Association. Maintenance assessments shall be paid in advance for every period for which they are determined.
c)- Approval of any assessments shall be notified to each Property Owner via written notice sent by certified mail or via electronic email to the mail address or to the electronic mail address provided by the Property Owner at the time of purchase of the Property and confirmed by returned receipt. Placement of the written notification on first class certified airmail shall be considered as proper delivery of the notice. Actual sending of the corresponding electronic mail to the electronic mail address provided by the Property Owner shall be considered as proper delivery of the notice.
d)- Assessments shall be paid within one month from the date of delivery of the corresponding notice.
e)- The maintenance and capital assessments shall be used exclusively for the improvements and maintenance of the Common Areas, for landscaping, and for the purposes of promoting and ensuring the safety and welfare of the Properties and the Property Owners, as agreed by the Homeowners Association.
f)- No Property Owner may waive or otherwise escape liability for assessments provided for herein by non-use of the Common Areas.
g)- Notwithstanding anything to the contrary herein, where a holder of a mortgage of record on a Property obtains title to the Property as a result of a foreclosure of the mortgage, or as a result of a deed or other arrangements in lieu of foreclosure of a mortgage of record, such acquiree of the title shall not be liable for the share of common expenses or assessments by the Association pertaining to such Property applicable to the time prior to the acquisition of title, unless such share is secured by a Claim of Lien for assessments that is recorded prior to the recording of the foreclosed mortgage. Such unpaid share of common assessments shall be deemed to be common expenses, collectible from all of the Property Owners, including such acquire.
h)- No other sale or transfer shall relieve any Property from liability for any assessments due, nor from the lien of any such subsequent assessment.
2.2.2)- Rules.
a)- Payments of ordinary maintenance assessments, capital assessments and special assessments by each Property are determined and based on a per Property basis and will include all lots comprised of SJE sold or unsold.
b)- Ordinary maintenance assessments, capital assessments and special assessments are calculated by the Treasurer of the Homeowners Association Assembly. Until 100% (one hundred per cent) of the Properties of the LJSP are sold, all assessments shall be calculated by the Developer on an actual cost basis, plus the corresponding management fee and should include all sold and all unsold lots and by agreement made between the Developer and Board of Directors of the SJE HOA.
c)- Approval of ordinary maintenance assessments, capital assessments and special assessments is made by the Homeowners Association. Ordinary maintenance assessments will require the approval of at least 51% of the votes present in the corresponding meeting. Capital assessments and special assessments will require the approval of at least 75% of the votes present in the corresponding meeting. Until 100% (one hundred per cent) of the Properties of SJE are sold all assessments shall be approved through agreement by the Developer and the Board of Directors of the SJE HOA.
d)- Non payment of any of the approved assessments after the corresponding due date, which shall be determined by the Homeowners Association, will cause the charge of interest at the monthly rate of 1.5% (calculated over the assessment amount in U. S. dollars).
e)- Non payment of any of the approved assessments after the corresponding due date will allow the Homeowners Association to collect the payment administratively and/or thru the Courts and by therefore imposing the corresponding Claim or Lien for those unpaid assessments. All collections costs will be charged to the Property Owner, whom shall be obliged to pay them.
f)- Non-payment by a Property Owner of the approved assessments for the water system after the corresponding due date will allow the Homeowners Association to cut the water service to that Property.
g)- Maintenance assessments for each of the Common Areas are to commence after each of the Common Areas is delivered by the Developer.
2.2.3)- Construction of common areas.
Developer will proceed to construct the aforesaid common areas. Once construction is finished, Developer will notify each of the Homeowners about the completion of the works. After the said notification is made, all assessments of common areas will be paid in a proportional share by each Property sold or unsold. In addition to aforesaid common areas and through an agreement made between the Developers and the SJE HOA the developers shall dedicate one lot as additional common area before the final of forty-eight lots are sold and for purposes to be determined by majority of Property owners.
3)- OTHER SUBJECTS.
3.1)- Trailers and vehicles.
No parking of trailers or similar vehicles outside of Garages is permitted within the Properties. Vehicles not in operation condition, or any part of it, can not be stored or permitted to remain upon the Property for any period in excess of one week.
3.2)- Antennas.
No antennas of any type will be permitted within the Properties, exception made of antennas for the reception of satellite television with a maximum diameter of fifty centimeters (or similar to the standard Direct TV type antenna). The placement of the antenna has to be made as shielded from the view from other Properties as possible, with the previous approval of the Architectural Review Committee.
3.3)- Exterior lighting.
Exterior 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. For security reasons, lights that turn on for short periods of time and immediately turn off can be placed as long as they are not directed towards other Properties. Emergency generators shall be permitted, but shall be screened from view and acoustically isolated from adjacent properties, as much as possible.
3.4)- Plants and trees.
Plants and trees planted within the Property should not be of any kind that grows in a way that they obstruct the views from other Properties. Any planted trees or plants should be trimmed to avoid obstruction of views from other Properties.
3.5)- Animals.
Only domestic pets will be permitted in the Properties, including only dogs, cats, birds, or small encaged animals. No horses or any sort of cattle will be allowed. Domestic pets will be kept in such a way that they do not cause any sonic or odor contamination and so that they do not roam through other Properties or in Common Areas for LJSP. Domestic pets will only be permitted to stay within the houses, within the permitted enclosed area under due vigilance, or on a leash accompanied by a person who can control them. Violation of the present rule will cause the corresponding Property Owner a fine of One Hundred Dollars payable to the Homeowners Association.
3.6)- Trash.
No burning of any type (exception made of that caused by barbecues) is permitted. No throwing, dumping, burning or burial of trash or solid wastes is permitted. Trash or solid wastes should be bagged or contained, screened from public view, protected from disturbance and disposed of with reasonable promptness through the corresponding trash disposal service hired by the Property owner. Properties are to be kept free of any trash, debris or refuse of any kind, whether Property is vacant or improved.
3.7)- Effluents.
No toxic, odorous or dangerous effluents can be generated within the property. Car washing is permitted within the Property provided that the corresponding effluents are taken care of in such a way that no pollution or affection is caused to the environment, the adjacent properties or any type of water streams (whether permanent or seasonal).
3.8)- Water use.
3.8.1)- In all cases and instances, water must be used in a justified, sensible and efficient way. Unjustified abuse of the water resource is not to be permitted.
3.8.2)- Garden watering is permitted only if done by hand; no sprinkling systems are permitted. Garden watering will be ceased in cases of water shortages determined and notified by the Homeowners Association.
3.8.3)- Replacement of pool water will only be permitted as periodically as technically justified or in justified extraordinary cases.
3.9)- Tree cutting.
No tree cutting is permitted exception made of those trees strictly necessary for the building sites, view openings and maintenance of views, previous completion of the corresponding permits with the Costa Rican authorities.
3.10)- Hunting and trapping.
No hunting or trapping is permitted of any kind is permitted in the Property or in any area of the LJSP. The only exception will be the trapping of pests that affect human health, in which case the trapping must be made as humanely as possible.
3.11)- Storage of goods.
Storage of chemicals, fuels (over fifty gallons), or any other toxic or dangerous substances is prohibited aside from substances typically and routinely used for household maintenance. In the case of the later as well as in the case of the allowed storage of fuels, proper security and storage measures must be taken in order to ensure a safe storage of those goods.
3.12)- Signage.
Only residential signage will be permitted and it will be restricted as per the rules determined by the Architectural Review Committee. Seasonal signage and decoration (e.g. Christmas, Halloween, etc) is permitted.
3.13)- Fire prevention.
Homeowners shall maintain their property in such manner as to minimize wind-driven wild fire hazards during the dry season. Outdoor ovens, fireplaces and barbecues should be designed to minimize fire hazards as well. Open outdoor fire pits are prohibited. House interiors will be required to have at least one fire extinguisher rated for all types of fires and smoke detectors outside of each bedroom.
3.14)- Mining, drilling and quarrying.
No mining, quarrying, tunneling, excavating or drilling for substances within the earth shall be permitted within the limits of the Properties. The only exceptions shall be the properly authorized excavations required for the construction of approved improvements.
4)- ENTITIES.
4.1)- Homeowners Association.
a)- It is formed by all of the Property owners, whereas each Property will have the right to a vote, including the Properties owned by the Developer.
b)- It is in charge of taking all decisions regarding the present CCR’s and the corresponding legal instruments by which they are established, as well as of the administration, maintenance and improvements of the Common Areas, and of the safety and welfare of the Properties and Property Owners.
c)- At time of purchase of a Property, each Property Owner will agree to the CCRs of SJE, as per the contents they may have at that time, and will accept to pay the assessments herein mentioned, as well as all of the obligations herein contained. . It is the Property Owners responsibility to keep current their email and general contact information to the Secretary of the HOA Board.
d)- The Homeowners Association will appoint a Board of Directors, which shall be formed by a President, Vice-President a Secretary and a Treasurer. The Board of Directors shall be in charge of the ordinary handling of the different duties of the Homeowners Association. The Board of Director shall meet at least twice a year; meetings will be called up by the President via notification by electronic mail or written notice to the address that each member of the Board shall provide.
e)- Meetings of the Homeowners Association shall be scheduled by the Board of Directors. At least an annual ordinary meeting shall be held every year. Within a month after the sale of 100% (one hundred per cent) of the Properties of the LJSP, the Developer will proceed to call up for the first meeting of the Homeowners Association.
f)- Meetings will be called up via written notice sent by mail or via electronic email to the mail address or to the electronic mail address provided by the Property Owner at the time of purchase of the Property. Placement of the written notification on first class airmail shall be considered as proper delivery of the notice. Actual sending of the corresponding electronic mail to the electronic mail address provided by the Property Owner shall be considered as proper delivery of the notice. Notices shall be sent at least two weeks in advance of the meeting. At such meeting called, the presence of members or of proxies entitled to cast 50% of all votes shall constitute a quorum. If the required quorum is not present, the meeting will be held one hour after the original time of the call up, and the required quorum at the subsequent meeting shall be the presence of members or of proxies entitled to cast 25% of all votes. If the said quorum is not present, a new meeting will have to be called up; in this case no subsequent meeting shall be held more than sixty days following the preceding meeting.
g) – The term of the Board of Directors shall be set as follows: The Presidents term is to be no greater than four consecutive years. The Treasurer is term is to be no greater than four consecutive years. The Vice-Presidents term is to be no greater than two years. The Secretary’s term is to be no greater than two years.
4.2)- Architectural Review Committee.
a)- It is formed by three members. Until 100% (one hundred per cent) of the Properties of the project have been sold, all of the members will be appointed by the Developer, through agreement with the Board of Directors of the SJE HOA. After that, all three members will be appointed by the Homeowners Association.
b)- It is in charge of approvals for the design and building plans of any improvements to be constructed in any of the Properties of SJE as per the rules indicated in these CCRs.
Project document.
The present document is a summary document which contains a list of the different covenants, conditions and restrictions (from here on referred to as CCRs) that apply for the residential lots (referred to as “Properties” in the CCRs) of San Juanillo Estates subdivision project (from here on referred to as (SJE). Actual final wording and legal instrument for implementation will be a separate document.
These CCRs will apply to all the residential lots of SJE. All CCRs will apply to all residential lots of SJE, exception made of the cases where it is indicated that a specific CCR does not apply to an specific lot. Project is intended to be composed by a total of forty-eight lots as set forth in the current preliminary subdivision map of the Project; some changes may be made on the final version of the subdivision map of the Project. Developer reserves the right to add up to three lots as part of SJE, which would be segregated from adjacent lands owned by the Developer. No subdivision of the lots is permitted in SJE.
Captions and Article headings contained in this document are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of this document nor the intent of any provision hereof.
1)- GENERAL PROPERTY AND BUILDINGS.
1.1)- Permitted uses.
a)- Properties and buildings are to be dedicated only for residential use.
b)- No commercial, services or industrial use is permitted in the Properties or in the buildings. The only commercial and service uses permitted in SJE are small boutique hotel units such as a bed and breakfast as well as a personal home office with approval of the Architectural Review Committee.
c)- House rentals are permitted subject to the following rules: i)- Rental is permitted only for residential use. ii)- Any rental for any other use or purpose (including commercial, services or industrial uses or purposes) is prohibited. iii)- Rental is to be for the complete compound within the property or for the complete Guest House or the complete Main House; no rental of individual parts or individual rooms of any house is permitted in any way; no rentals under the form of hotel, motel or any similar form is permitted in any way.
1.2)- Number of buildings.
Within each Property only the following buildings will be permitted:
a)- One Main House. The main house can be designed as a one-module structure or as a group of interconnected modules, which are conceived and designed as a unit. Approval by the Architectural Review Committee is required, prior to construction.
b)- One Guest House. The guest house can be designed as a one-module structure or as a group of interconnected modules, which are conceived and designed as a unit. Approval by the Architectural Review Committee is required, prior to construction.
c)- A Separated Garage building, located in the close vicinity of the Main House will be allowed. Approval by the Architectural Review Committee is required, prior to construction.
d)- No barns, storage buildings, or any other building or construction, different from the ones herein permitted, will be allowed on the Property.
e)- Bed and breakfast units with approval by the Architectural Review Committee.
1.3)- Design restrictions.
a)- Constructions and buildings within SJE are not subject to a specific architectural style, but all constructions and buildings have to conform to the terms and rules included in these CCRs and with the building, health and general rules and laws of Costa Rica.
b)- All building and remodeling plans have to be submitted to approval by the Architectural Review Committee.
1.4)- Size regulations.
a)- Size of Main House.
i)- Minimum size for Main House is two hundred square meters (2153 sq. ft).
ii)- Maximum size: there is no maximum size for the Main House, but considerations should be kept in order to keep the total coverage on the Property within the limits set and established in this CCRs. The size or structure of the house can not infringe, obstruct or impede the views of any other lot owner.
b)- Size of Guest House.
i)- Minimum size for Guest House is seventy five square meters (807 sq. ft.).
ii)- Maximum size: there is no maximum size for the Guest House, but considerations should be kept in order to keep the total coverage on the Property within the limits set and established in this CCRs.
c)- Size of Separated Garage.
i)- Maximum size for Separated Garage is one hundred square meters (1076 sq. ft.).
d)- Maximum permitted total coverage of Main House, Guest House, Separated Garage, pool(s), parking areas and driveways, altogether, for each Property will be equivalent to fifty per cent (50%) of the Property size.
1.5)- Height regulations.
a)- Main House. Maximum permitted number of floors for the Main House is two floors plus one basement level. Maximum permitted design height for the two floors together is nine meters (27 ft.).
b)- Guest House. Maximum permitted number of floors for the Guest House is two floors plus one basement level. Maximum permitted design height for the two floors together is nine meters.
c)- Separated Garage. Maximum permitted number of floors for the Separated Garage is one floor. Maximum permitted design height for the Separated Garage is six meters (18 ft.).
d)- Method of determination of height. Height of building is considered to be the distance between the ground level at first floor and the top level of the roof (highest roof feature). On sloping sites, height of building will be measured from the point where the ground level meets the base of the floor on the first floor level (basement excluded) of the building.
1.6)- Swimming pools.
Only one pool will be allowed on each Property, and it will be located in the immediate vicinity of the Main House; the measure of the pool is to be considered as part of the measure of the Main House. In those Properties with a measure of at least two hectares, an extra pool will be allowed for the Guest House, and it will be located in the immediate vicinity of the Guest House; when allowed, the measure of this pool is to be considered as part of the measure of the Guest House.
1.7)- Sports Courts/Fields.
No sports courts/fields are permitted within the Property. The only exception is the placement of a basketball board in the immediate area of the Main House.
1.8)- Fencing/walls.
a)- In order to maintain and encourage the free circulation and ranging of wildlife in the properties, no fencing of any type is permitted within SJE, exception made of the cases specifically indicated in this CCRs. On the Properties of SJE fencing will be permitted on the side boundaries and the back boundary of each Property and no fencing will be permitted on the boundary of the Property facing the internal or public road. The fencing will have to fit the following characteristics: a)- maximum height: one meter and fifty centimeters; b)- type of fencing: subject to Architectural Review Committee approval.
b)- Marking of the boundaries of each Property is also permitted by planting spaced individual plants, which shall have a maximum height of one meter and fifty centimeters or be kept trimmed to that height, or by placing spaced markers (spaced at least ten meters one from the other), which shall have a maximum height of thirty centimeters.
c)- The only permitted fencing within SJE will be the necessary fencing for an enclosed area (with a maximum measure of ten meters by ten meters) to contain permitted domestic pets, if needed during periods of homes construction, repair or refurbishing as determined by the Architectural Review Committee and around swimming pools for safety. Such fencing shall be placed in a manner that it is little visible as possible from other Properties.
1.9)- Sewage.
Each building must have its own septic system to treat sewage. The corresponding system will have to be designed in a way that it does not affect the environment nor produce any odors or effluents that may affect the environment, the adjacent Properties or any type of water streams (whether permanent or seasonal). The septic system must meet or exceed SETENA requirements.
1.10)- Drainage.
Drainages, for septic systems, roof gutters and all pluvial waters, must be designed and built in such a way that they minimize runoff consequences, do not affect the environment, the adjacent Properties or any type of water streams (whether permanent or seasonal), nor produce any odors or effluents that may affect the environment, the adjacent Properties or any type of water streams (whether permanent or seasonal).
1.11)- Disruption of natural habitat.
All constructions, buildings, landscaping and in general all works within the Property must be designed, built and maintained in such a way that the minimum possible disruption of the environment and Nature is caused.
1.12)- Building procedure rules.
1.12.1)- Approval by the Architectural Review Committee.
a)- No exterior construction or remodeling of any sort of landscaping, structure or building (from here on denominated as improvements) shall be commenced without first being submitted to and approved by the Architectural Review Committee, as to harmony of exterior design and location of the structure or building in relation to surrounding structures, topography and natural surroundings.
b)- For such purposes, the corresponding plans of the exterior construction or remodeling to be made shall be presented to the Architectural Review Committee, together with the corresponding submission form, which shall be provided by the said Committee, duly completed and signed. A fee of One Hundred Dollars may be required at the time of submitting the said documents to the Committee.
c)- Documents to be submitted are: i)- submission form provided by the Committee with the information therein requested; ii)- building plans and specifications; iii)- proposed schedule of completion of the improvements. Three copies of all documents must be presented to the Committee.
d)- Building plans and specifications shall be presented in Spanish and English and dimensioned in a metric scale and American Unit of Measure, and shall include: i)- site plan with building location, driveways, landscaping and topography (including proposed and existing drainage), ii)- footing/foundation plan, iii)- floor plans, iv)- roof plan, v)- exterior elevations (all sides), vi)- swimming pool design (if any), vii)- an outline of construction materials and/or specifications, viii)- structural engineering calculations, ix)- exterior color samples, x)- electric plans, xi)- plumbing and sewage plans, xii)- description of sustainable features incorporated into design, xiii)- catalog cut sheets of proposed mechanical equipment, pool equipment, major appliances, exterior lighting fixtures and signage.
e)- In passing upon such documents, plans and specifications, it shall be the objective of the Architectural Review Committee to make certain that no improvements will impair the aesthetic and monetary value of the Properties, nor be in disagreement with the present CCRs.
f)- The Committee shall consider all factors relating to the quality of the improvements and the compatibility and harmony of the improvements with the natural environment, including, but not limited to, the location of the improvements on the Properties and the color scheme, materials, design, proportions, shape, height and style of the improvements, the effect of the improvements on adjacent or neighboring Properties, the location and character and method of utilization of all utility lines, the amount of native growth required to be cleared for erection of the improvement, the impact of any proposed improvements upon the natural surroundings, and the timely and orderly completion of all such improvements.
g)- The design will be reviewed for general conformance with the design covenants established herein. Special emphasis shall be placed on sustainable design and/or design procedures for passive environmental technologies such as but not limited to solar panels, solar gardens, green roofs, wind generated power and geothermal but as not to limit or obstruct the view of any other lot owner.
h)- Prefabricated buildings, trailer homes, fixed wall tent structures, geodesic dome structures, “earthships” or formed on site plastic homes are strictly prohibited. Thatched roof construction may be used for structures, provided it is regularly maintained by the Property Owner. Mirrored reflecting glass shall not be permitted on the exterior.
i)- The designs shall be resistant to earthquakes, heavy rains and high winds. Special consideration should be given to soil bearing capacities, erosion prevention and the potential for differential settlement on steeper Properties.
j)- The Committee, at its sole discretion and when deemed necessary, may decide to hire an engineering consultant to review the documents, plans and specifications submitted by the Property Owner. The cost of the fees of that consultant shall be reasonable and may required to be paid by the Property Owner.
k)- The review process shall allow for exceptions and variances to the design, within the rules of these CCRs as deemed appropriate. New products and technologies, which support the concept of sustainability, will be given special consideration for approval as long as they fit within the aesthetic parameters established herein.
l)- Once the documents are submitted, the said Committee shall have a period of one month to approve or disapprove the submitted documents. In case of disapproval, the Committee must indicate the reasons of disapproval. Should the Committee fail to approve or disapprove the submitted documents within the aforesaid period, approval by the Committee will not be required and the Property Owner may continue with the building process. Such tacit approval does not waive the Property Owner’s obligation to perform in accordance with the rest of the present CCRs.
m)- Approvals for improvements shall be valid for up to twenty four months. If such improvements are not commenced within this time, the Property Owner must resubmit all documents to the Architectural Review Committee.
1.12.2)- Building materials and structures.
a)- All building materials and workmanship shall be of highest available quality.
b)- Building materials should reflect a low environmental impact. Careful consideration shall be given to the selection of materials that are made of recycled materials, can be recycled, and/or are produced without waste of energy or resources. Special attention should be given to selecting paints, adhesives and other building components that do not produce significant off-gassing.
c)- First floor at grade shall be reinforced to resist earthquake stresses and differential movement. Structures supporting floors above grade may be reinforced concrete, steel and/or wood. If wood is selected as structural components, care should be taken to design such components to avoid termite infestation and provide moisture resistance.
d)- The use of metal components on the exterior of the building is generally discouraged as a primary part of the exposed building envelope. Care should be taken to protect metal building components from corrosion in the tropical climate. The use of wrought iron decorative components is permitted.
e)- Exterior walls shall be stucco over reinforced concrete or Concrete Masonry Units (CMU). Wood stud walls and steel framing may also be used with CMU fills. No metal or vinyl siding shall be permitted.
f)- Interior walls may be constructed of metal or wood studs with gypsum wallboard, plaster, concrete, CMU, glass in wood or metal frames or glass block. Wood may be used for open screens. When wood is employed, care should be taken to prevent termite infestations.
g)- Walls should be finished in paint, textured plaster, tile, stone or other materials resistant to humidity. Fabric or vinyl wall coverings are discouraged.
h)- Floors may be tile, stone, hardwood or other materials resistant to humidity and termites. Use of products with recycled content is encouraged.
i)- Ceilings finishes may be painted gypsum board or concrete, hardwood or any other materials appropriate for the climate. Dropped acoustical panel ceilings are discouraged.
j)- Flat roofs shall be concealed with parapet walls and they must provide adequate roof drains and overflow scuppers for heavy rains. If skylights are used in the design, they shall be designed to resist high winds and heavy rain. If a skylight is used on a flat roof, a curb should be provided to maintain its watertight integrity during heavy rains.
k)- Sloping roof structures may be of steel or wood structure with concrete, clay or recycled material roof tiles. Prefinished standing seam metal roofs are permitted subject to approval of color. Green Roofs are permitted. Roof top solar panels are permitted. Metal sheet covers are permitted for the roof subject to color approval by the Architectural Review Committee.
l)- No corrugated plastic roofs –finished or unfinished- shall be permitted. No asphalt shingles shall be permitted.
1.12.3)- Building process.
a)- Prior to start of any constructions or remodeling, the corresponding approval must be obtained from the corresponding authorities, as well as all necessary Permits and fulfillment of legal obligations as per Costa Rican laws.
b)- Prior to commencement of the actual construction, the Property Owner must submit to the Architectural Review Committee a report document including: i)- proof of having obtained the corresponding permits and approvals requested by the Costa Rican laws; ii)- the name of the building company and of the company that will be in charge of inspections; and iii)- a detailed list of the persons that will be participating in the works (including full name and ID document number). The list of persons will have to be updated on a monthly basis and presented to the Architectural Review Committee.
c)- Permitted building hours are from seven in the morning thru six in the afternoon, Monday thru Friday, and from seven in the morning thru one in the afternoon on Saturdays. No building is permitted on Sundays.
d)- Noise control. Noise levels during the building process must be kept to the minimum possible. The Property Owner shall take the corresponding measures to minimize the level of noise.
e)- Dust and emissions control. No dust or emissions should be produced that may directly affect the neighboring Properties or the environment. Dust and emissions should be kept to the minimum level possible and the corresponding measures will be taken for those effects. The Property Owner shall take the corresponding measures to minimize the level of dust and emissions.
f)- All trash and debris produced during the construction process must be immediately properly disposed of.
g)- Building materials shall be stored on the building site. Materials shall be secured in such a manner as to resist movement from wind. A building materials storage temporary building shall be permitted. No other temporary buildings or shacks, tents or trailers will be allowed, exception made of a construction management trailer.
h)- Truck and building vehicles circulation will be allowed only during permitted building hours.
i)- No parking of trucks or vehicles or storage of building materials will be permitted in the Internal Roads.
j)- In the design process as well as in the building process, preventive measures shall be taken to minimize erosion and for silt control. Proper cover materials and restraining structures shall be used to avoid the start of any erosion or silt runoff or accumulation during the construction process.
k)- All building of structures commenced shall be prosecuted diligently to full completion.
1.12.4)- Liabilities.
Property owner shall be liable for any damages and harms caused to third properties or persons during the building process or as a consequence of the building process.
1.12.5)- Impact fee.
a)- An impact fee shall be charged for the construction of any improvement, which shall be payable to the Homeowners Association, whom shall use it for the maintenance of the Internal Roads, the road giving access to the Project and any other Common Areas affected by the construction process.
b)- The impact fee shall be equivalent to Fifty Cents of a Dollar per square foot of construction area (driveways and parking areas excluded), and it shall be paid prior to the commencement of construction into an Escrow Account and to be paid in full at completion of construction based on an actual assessment made by the ARC any unused portion will be refunded to the lot owner.
2)- COMMON AREAS.
2.1)- Definition.
Common areas of SJE are: a)- internal roads system, b)- water system and c)- electric power system.
2.1.1)- Internal Roads.
a)- Internal roads of the project are provided by Developer for all Properties. Developer does not provide internal driveways for each Property; internal driveways are not to be considered part of the Internal roads system nor a Common Area.
b)- Internal roads are provided by Developer. Final finish of the Internal roads will be crushed stone.
c)- Minimum width of the right of way for the Internal Roads is seven meters. Actual road surface will have a maximum width of five meters.
d)- Whenever needed, Properties of SJE will bear the corresponding easements needed for the placement, operation and maintenance of the Internal Roads of the project, as per the design provided by Developer.
2.1.2)- Water system.
a)- A general water system for the project, which will serve all Properties, is provided by the Developer.
b)- Whenever needed, Properties of SJE will bear the corresponding easements needed for the placement, operation and maintenance of the water system of the project, as per the design provided by Developer.
2.1.3)- Electric power system.
a)- A general overhead primary electrical power lines system, which will serve all Properties is provided by Developer.
b)- Developer supplies the system which is composed of: i)- the corresponding overhead primary electrical power lines to take electrical power to all Properties; ii)- the transformers needed for the system. System will be operational as per the standards of the Costa Rican Electricity Institute (ICE), and ownership of the system will later be transferred to ICE by the Homeowners Association.
c)- Whenever needed, Properties of the LJSP will bear the corresponding easements needed for the placement, operation and maintenance of the electrical system of the project, as per the design provided by Developer.
2.2)- Assessments.
2.2.1)- Obligation of payment. Determination, approval and usage of assessments.
a)- All Property Owners will pay maintenance and capital assessments for the common areas.
b)- Maintenance assessments will be determined and approved on an annual basis and they shall be amended as needed with the vote of at least 51% of the votes present at the corresponding Meeting of the Homeowners Association or by proxy vote. Each lot owner present or each proxy vote is entitled to one vote per lot owned. Capital assessments will be determined and approved as it may be deemed necessary by the Homeowners Association. Maintenance assessments shall be paid in advance for every period for which they are determined.
c)- Approval of any assessments shall be notified to each Property Owner via written notice sent by certified mail or via electronic email to the mail address or to the electronic mail address provided by the Property Owner at the time of purchase of the Property and confirmed by returned receipt. Placement of the written notification on first class certified airmail shall be considered as proper delivery of the notice. Actual sending of the corresponding electronic mail to the electronic mail address provided by the Property Owner shall be considered as proper delivery of the notice.
d)- Assessments shall be paid within one month from the date of delivery of the corresponding notice.
e)- The maintenance and capital assessments shall be used exclusively for the improvements and maintenance of the Common Areas, for landscaping, and for the purposes of promoting and ensuring the safety and welfare of the Properties and the Property Owners, as agreed by the Homeowners Association.
f)- No Property Owner may waive or otherwise escape liability for assessments provided for herein by non-use of the Common Areas.
g)- Notwithstanding anything to the contrary herein, where a holder of a mortgage of record on a Property obtains title to the Property as a result of a foreclosure of the mortgage, or as a result of a deed or other arrangements in lieu of foreclosure of a mortgage of record, such acquiree of the title shall not be liable for the share of common expenses or assessments by the Association pertaining to such Property applicable to the time prior to the acquisition of title, unless such share is secured by a Claim of Lien for assessments that is recorded prior to the recording of the foreclosed mortgage. Such unpaid share of common assessments shall be deemed to be common expenses, collectible from all of the Property Owners, including such acquire.
h)- No other sale or transfer shall relieve any Property from liability for any assessments due, nor from the lien of any such subsequent assessment.
2.2.2)- Rules.
a)- Payments of ordinary maintenance assessments, capital assessments and special assessments by each Property are determined and based on a per Property basis and will include all lots comprised of SJE sold or unsold.
b)- Ordinary maintenance assessments, capital assessments and special assessments are calculated by the Treasurer of the Homeowners Association Assembly. Until 100% (one hundred per cent) of the Properties of the LJSP are sold, all assessments shall be calculated by the Developer on an actual cost basis, plus the corresponding management fee and should include all sold and all unsold lots and by agreement made between the Developer and Board of Directors of the SJE HOA.
c)- Approval of ordinary maintenance assessments, capital assessments and special assessments is made by the Homeowners Association. Ordinary maintenance assessments will require the approval of at least 51% of the votes present in the corresponding meeting. Capital assessments and special assessments will require the approval of at least 75% of the votes present in the corresponding meeting. Until 100% (one hundred per cent) of the Properties of SJE are sold all assessments shall be approved through agreement by the Developer and the Board of Directors of the SJE HOA.
d)- Non payment of any of the approved assessments after the corresponding due date, which shall be determined by the Homeowners Association, will cause the charge of interest at the monthly rate of 1.5% (calculated over the assessment amount in U. S. dollars).
e)- Non payment of any of the approved assessments after the corresponding due date will allow the Homeowners Association to collect the payment administratively and/or thru the Courts and by therefore imposing the corresponding Claim or Lien for those unpaid assessments. All collections costs will be charged to the Property Owner, whom shall be obliged to pay them.
f)- Non-payment by a Property Owner of the approved assessments for the water system after the corresponding due date will allow the Homeowners Association to cut the water service to that Property.
g)- Maintenance assessments for each of the Common Areas are to commence after each of the Common Areas is delivered by the Developer.
2.2.3)- Construction of common areas.
Developer will proceed to construct the aforesaid common areas. Once construction is finished, Developer will notify each of the Homeowners about the completion of the works. After the said notification is made, all assessments of common areas will be paid in a proportional share by each Property sold or unsold. In addition to aforesaid common areas and through an agreement made between the Developers and the SJE HOA the developers shall dedicate one lot as additional common area before the final of forty-eight lots are sold and for purposes to be determined by majority of Property owners.
3)- OTHER SUBJECTS.
3.1)- Trailers and vehicles.
No parking of trailers or similar vehicles outside of Garages is permitted within the Properties. Vehicles not in operation condition, or any part of it, can not be stored or permitted to remain upon the Property for any period in excess of one week.
3.2)- Antennas.
No antennas of any type will be permitted within the Properties, exception made of antennas for the reception of satellite television with a maximum diameter of fifty centimeters (or similar to the standard Direct TV type antenna). The placement of the antenna has to be made as shielded from the view from other Properties as possible, with the previous approval of the Architectural Review Committee.
3.3)- Exterior lighting.
Exterior 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. For security reasons, lights that turn on for short periods of time and immediately turn off can be placed as long as they are not directed towards other Properties. Emergency generators shall be permitted, but shall be screened from view and acoustically isolated from adjacent properties, as much as possible.
3.4)- Plants and trees.
Plants and trees planted within the Property should not be of any kind that grows in a way that they obstruct the views from other Properties. Any planted trees or plants should be trimmed to avoid obstruction of views from other Properties.
3.5)- Animals.
Only domestic pets will be permitted in the Properties, including only dogs, cats, birds, or small encaged animals. No horses or any sort of cattle will be allowed. Domestic pets will be kept in such a way that they do not cause any sonic or odor contamination and so that they do not roam through other Properties or in Common Areas for LJSP. Domestic pets will only be permitted to stay within the houses, within the permitted enclosed area under due vigilance, or on a leash accompanied by a person who can control them. Violation of the present rule will cause the corresponding Property Owner a fine of One Hundred Dollars payable to the Homeowners Association.
3.6)- Trash.
No burning of any type (exception made of that caused by barbecues) is permitted. No throwing, dumping, burning or burial of trash or solid wastes is permitted. Trash or solid wastes should be bagged or contained, screened from public view, protected from disturbance and disposed of with reasonable promptness through the corresponding trash disposal service hired by the Property owner. Properties are to be kept free of any trash, debris or refuse of any kind, whether Property is vacant or improved.
3.7)- Effluents.
No toxic, odorous or dangerous effluents can be generated within the property. Car washing is permitted within the Property provided that the corresponding effluents are taken care of in such a way that no pollution or affection is caused to the environment, the adjacent properties or any type of water streams (whether permanent or seasonal).
3.8)- Water use.
3.8.1)- In all cases and instances, water must be used in a justified, sensible and efficient way. Unjustified abuse of the water resource is not to be permitted.
3.8.2)- Garden watering is permitted only if done by hand; no sprinkling systems are permitted. Garden watering will be ceased in cases of water shortages determined and notified by the Homeowners Association.
3.8.3)- Replacement of pool water will only be permitted as periodically as technically justified or in justified extraordinary cases.
3.9)- Tree cutting.
No tree cutting is permitted exception made of those trees strictly necessary for the building sites, view openings and maintenance of views, previous completion of the corresponding permits with the Costa Rican authorities.
3.10)- Hunting and trapping.
No hunting or trapping is permitted of any kind is permitted in the Property or in any area of the LJSP. The only exception will be the trapping of pests that affect human health, in which case the trapping must be made as humanely as possible.
3.11)- Storage of goods.
Storage of chemicals, fuels (over fifty gallons), or any other toxic or dangerous substances is prohibited aside from substances typically and routinely used for household maintenance. In the case of the later as well as in the case of the allowed storage of fuels, proper security and storage measures must be taken in order to ensure a safe storage of those goods.
3.12)- Signage.
Only residential signage will be permitted and it will be restricted as per the rules determined by the Architectural Review Committee. Seasonal signage and decoration (e.g. Christmas, Halloween, etc) is permitted.
3.13)- Fire prevention.
Homeowners shall maintain their property in such manner as to minimize wind-driven wild fire hazards during the dry season. Outdoor ovens, fireplaces and barbecues should be designed to minimize fire hazards as well. Open outdoor fire pits are prohibited. House interiors will be required to have at least one fire extinguisher rated for all types of fires and smoke detectors outside of each bedroom.
3.14)- Mining, drilling and quarrying.
No mining, quarrying, tunneling, excavating or drilling for substances within the earth shall be permitted within the limits of the Properties. The only exceptions shall be the properly authorized excavations required for the construction of approved improvements.
4)- ENTITIES.
4.1)- Homeowners Association.
a)- It is formed by all of the Property owners, whereas each Property will have the right to a vote, including the Properties owned by the Developer.
b)- It is in charge of taking all decisions regarding the present CCR’s and the corresponding legal instruments by which they are established, as well as of the administration, maintenance and improvements of the Common Areas, and of the safety and welfare of the Properties and Property Owners.
c)- At time of purchase of a Property, each Property Owner will agree to the CCRs of SJE, as per the contents they may have at that time, and will accept to pay the assessments herein mentioned, as well as all of the obligations herein contained. . It is the Property Owners responsibility to keep current their email and general contact information to the Secretary of the HOA Board.
d)- The Homeowners Association will appoint a Board of Directors, which shall be formed by a President, Vice-President a Secretary and a Treasurer. The Board of Directors shall be in charge of the ordinary handling of the different duties of the Homeowners Association. The Board of Director shall meet at least twice a year; meetings will be called up by the President via notification by electronic mail or written notice to the address that each member of the Board shall provide.
e)- Meetings of the Homeowners Association shall be scheduled by the Board of Directors. At least an annual ordinary meeting shall be held every year. Within a month after the sale of 100% (one hundred per cent) of the Properties of the LJSP, the Developer will proceed to call up for the first meeting of the Homeowners Association.
f)- Meetings will be called up via written notice sent by mail or via electronic email to the mail address or to the electronic mail address provided by the Property Owner at the time of purchase of the Property. Placement of the written notification on first class airmail shall be considered as proper delivery of the notice. Actual sending of the corresponding electronic mail to the electronic mail address provided by the Property Owner shall be considered as proper delivery of the notice. Notices shall be sent at least two weeks in advance of the meeting. At such meeting called, the presence of members or of proxies entitled to cast 50% of all votes shall constitute a quorum. If the required quorum is not present, the meeting will be held one hour after the original time of the call up, and the required quorum at the subsequent meeting shall be the presence of members or of proxies entitled to cast 25% of all votes. If the said quorum is not present, a new meeting will have to be called up; in this case no subsequent meeting shall be held more than sixty days following the preceding meeting.
g) – The term of the Board of Directors shall be set as follows: The Presidents term is to be no greater than four consecutive years. The Treasurer is term is to be no greater than four consecutive years. The Vice-Presidents term is to be no greater than two years. The Secretary’s term is to be no greater than two years.
4.2)- Architectural Review Committee.
a)- It is formed by three members. Until 100% (one hundred per cent) of the Properties of the project have been sold, all of the members will be appointed by the Developer, through agreement with the Board of Directors of the SJE HOA. After that, all three members will be appointed by the Homeowners Association.
b)- It is in charge of approvals for the design and building plans of any improvements to be constructed in any of the Properties of SJE as per the rules indicated in these CCRs.
Agenda for April 10, 2010 HOA Meeting
Meeting Agenda
Saturday, April 10, 2010
Roll Call, group photo
Introduce and welcome new members
Review minutes from February 7, 2010
Confirm next meeting
Review President’s Report
Complete contact information list of all Lot owners
Funding status of SJE HOA by lot owners
Closing status of all lot owners
Blog - Bryan
Current lot conditions
Gate information and estimated costs
Developers responsibility to HOA for remaining lots
CCR project document status
Current lot pricing list/Marketing tools & info for lot owners – commission, incentives to build, etc.
Environmental Certification deposit
March / April 2010 budget – Profit & Loss Budget vs. Actual
HOA officer responsibilities, Property Management fees and HOA funding bank accounts/Quick Books account – Pros and Cons of different funding and accounting practices
Legal status of HOA’s in Costa Rica
Keeping rainy-day funds in SJE for developers
Creating an environment where the HOA can work more closely with the developers to establish an “all-around profitability status for SJE” by recognizing and utilizing the full potential of each individual involved, logistically and talent-wise.
http://www.kidssavingtherainforest.org / Kids Saving the Rainforest – Possible Sponsorship.
Scheduling of next meeting and Status of HOA into December 2010.
Other________________________________________________________________________________________________________________________________________________________
Friday, March 26, 2010
The Case Made for Regular Lot Clearing
These two pic's of Lot #42 speak volumes to the argument of keeping your lot cleared and maintained.
Saturday, March 13, 2010
April 2010 Meeting Minutes
San Juanillo Estates Homeowners Association
Organizational Meeting Minutes
February 7, 2010
The first meeting of San Juanillo Estates lot owners and Nosara Patas Pequenas
was held on February 7,2010 at Andre’s Pizza Palace in Brigantine, NJ for the
purpose of organizing a Homeowners Association and discussing the status of
the subdivision and owners group.
The following people were present:
Kurt Becker
Bryan Brillhart
Sandy Brillhart
Andre Cassara
Bob Demos
Michael Fitzgerald
David Morgan
B. Morgan
Bob Munro
Joe Musemeci
Monique Rijkse
Bob Munro, Nosara Patas Pequenas, gave a brief presentation showing the
current condition of a typical lot and roads in San Juanillo Estates as well as
the improvements that have been made to date, including the well house and
electric lines. He explained that trees on the lots are becoming large and
suggested that they be cleared in the next several months because Costa Rica
prohibits removal of trees over 3” in diameter and because it is much more
expensive to remove larger trees. He also described the water permitting
process and types of septic systems that could be utilized, as well as the status
of the existing 4 wells. Wells #1 and #2 were described by Bob Munro as
“okay”, well #3 pumped at 2.8 liters per second; well # 4 was described as
“no good”. Bob Munro stated that for development like ours, the recommend
output is 1 liter per second for every 50 units.
Bob Munro then presented a budget that projected 2010 expenses of
$12,920. Expenses included the caretaker’s salary, insurance and phone;
utilities, taxes, repairs and maintenance (excavation and clearing) and
property management fees. He explained that Nosara Patas Pequenas was
imposing an annual maintenance fee of $480 per lot, a one time assessment
and $100 per lot to cover the annual expenses and individual lot clearing. As
of the meeting date, seven lot owners paid these fees. Bob Munro said that
Monique Rijske has been serving as property manager and set up a
Quickbooks account to keep track of income and expenditures.
The property owners agreed that fees for the unsold lots should be paid for by
Nosara Patas Pequenas. Owners also agreed that payment of approximately
$9,000 for Costa Rican environmental certification that is required before
building can occur is the responsibility of Nosara Patas Pequenas and
requested a promissory note from them that this money would be appropriated
for this purpose. Lot owners expressed a desire for monies from the next sale
or sales of lots in SJE to be kept in Costa Rica for the developers’ obligations.
There was consensus that a Homeowners Association should be formed to
manage the community going forward. Nominees for Officers were made
and the following slate of candidates was unanimously elected by those
present: President, Kurt Becker; Vice President, Bryan Brillhart; Secretary,
Sandra Brillhart; Treasurer, Jim Bowdler.
There was consensus that marketing materials were necessary to sell the
remaining lots. Several strategies were discussed, including virtual tours, a
blog and print materials. In addition, the owners requested that Nosara Patas
Pequenas provide a list of the selling prices of all unsold lots as well as any
existing topographics , attributes of the lot, and a utilities map.
The owners expressed concern about the unresponsiveness of Glen Auwarter,
of Nosara Patas Pequenas. The President agreed to try to contact him and
urge him to attend the next meeting.
There was a brief discussion about some of the conditions of the proposed
Covenants, Conditions and Restrictions presented by Nosara Patas Pequenas,
but action was deferred until the next meeting. Owners were encouraged to
read the documents carefully and bring suggested revisions to the next
meeting. Bob Munro explained that the final document would be filed with
the municipal government.
The attendees discussed security and whether gates at both access points to the
property were necessary. Bob Munro will provide price quotes at the next
meeting.
The owners proposed and discussed possible incentives to encourage owners
to build. The ideas included providing a free lot to a group of owners who
build three houses on three lots; allowing several owners to build a house for
rental or shared ownership and having Patas Pequenas finance the purchase of
lots. The lot owners suggested a 10% commission for anyone who sold a lot
and Bob Demos and Bob Munro of Nosara Patas Pequenas both said this was
possible.
There was a brief discussion as to the status of closing on several lots. Bob
Munro said he’d follow up with Ricardo Cordero, the attorney in Costa Rica
who handles closings for NPP.
The next meeting will be in April at Bob Demos’ office. The President will
advise the owners of the date, time and agenda.
Following a group photo, the meeting was adjourned.San Juanillo Estates Homeowners Association
Organizational Meeting Minutes
February 7, 2010
The first meeting of San Juanillo Estates lot owners and Nosara Patas Pequenas
was held on February 7,2010 at Andre’s Pizza Palace in Brigantine, NJ for the
purpose of organizing a Homeowners Association and discussing the status of
the subdivision and owners group.
The following people were present:
Kurt Becker
Bryan Brillhart
Sandy Brillhart
Andre Cassara
Bob Demos
Michael Fitzgerald
David Morgan
B. Morgan
Bob Munro
Joe Musemeci
Monique Rijkse
Bob Munro, Nosara Patas Pequenas, gave a brief presentation showing the
current condition of a typical lot and roads in San Juanillo Estates as well as
the improvements that have been made to date, including the well house and
electric lines. He explained that trees on the lots are becoming large and
suggested that they be cleared in the next several months because Costa Rica
prohibits removal of trees over 3” in diameter and because it is much more
expensive to remove larger trees. He also described the water permitting
process and types of septic systems that could be utilized, as well as the status
of the existing 4 wells. Wells #1 and #2 were described by Bob Munro as
“okay”, well #3 pumped at 2.8 liters per second; well # 4 was described as
“no good”. Bob Munro stated that for development like ours, the recommend
output is 1 liter per second for every 50 units.
Bob Munro then presented a budget that projected 2010 expenses of
$12,920. Expenses included the caretaker’s salary, insurance and phone;
utilities, taxes, repairs and maintenance (excavation and clearing) and
property management fees. He explained that Nosara Patas Pequenas was
imposing an annual maintenance fee of $480 per lot, a one time assessment
and $100 per lot to cover the annual expenses and individual lot clearing. As
of the meeting date, seven lot owners paid these fees. Bob Munro said that
Monique Rijske has been serving as property manager and set up a
Quickbooks account to keep track of income and expenditures.
The property owners agreed that fees for the unsold lots should be paid for by
Nosara Patas Pequenas. Owners also agreed that payment of approximately
$9,000 for Costa Rican environmental certification that is required before
building can occur is the responsibility of Nosara Patas Pequenas and
requested a promissory note from them that this money would be appropriated
for this purpose. Lot owners expressed a desire for monies from the next sale
or sales of lots in SJE to be kept in Costa Rica for the developers’ obligations.
There was consensus that a Homeowners Association should be formed to
manage the community going forward. Nominees for Officers were made
and the following slate of candidates was unanimously elected by those
present: President, Kurt Becker; Vice President, Bryan Brillhart; Secretary,
Sandra Brillhart; Treasurer, Jim Bowdler.
There was consensus that marketing materials were necessary to sell the
remaining lots. Several strategies were discussed, including virtual tours, a
blog and print materials. In addition, the owners requested that Nosara Patas
Pequenas provide a list of the selling prices of all unsold lots as well as any
existing topographics , attributes of the lot, and a utilities map.
The owners expressed concern about the unresponsiveness of Glen Auwarter,
of Nosara Patas Pequenas. The President agreed to try to contact him and
urge him to attend the next meeting.
There was a brief discussion about some of the conditions of the proposed
Covenants, Conditions and Restrictions presented by Nosara Patas Pequenas,
but action was deferred until the next meeting. Owners were encouraged to
read the documents carefully and bring suggested revisions to the next
meeting. Bob Munro explained that the final document would be filed with
the municipal government.
The attendees discussed security and whether gates at both access points to the
property were necessary. Bob Munro will provide price quotes at the next
meeting.
The owners proposed and discussed possible incentives to encourage owners
to build. The ideas included providing a free lot to a group of owners who
build three houses on three lots; allowing several owners to build a house for
rental or shared ownership and having Patas Pequenas finance the purchase of
lots. The lot owners suggested a 10% commission for anyone who sold a lot
and Bob Demos and Bob Munro of Nosara Patas Pequenas both said this was
possible.
There was a brief discussion as to the status of closing on several lots. Bob
Munro said he’d follow up with Ricardo Cordero, the attorney in Costa Rica
who handles closings for NPP.
The next meeting will be in April at Bob Demos’ office. The President will
advise the owners of the date, time and agenda.
Following a group photo, the meeting was adjourned.San Juanillo Estates Homeowners Association
Monday, March 1, 2010
Wednesday, February 24, 2010
2010 San Juanillo Estates Pricing and Availability
2010 Pricing and Availability
Lot# Square Meters Acres Price
3 3,123 0.77 $105,000
11 3,490 0.86 $32,000
12 7,105 1.75 $32,000
13 7,879 1.95 $32,000
19 5,392 1.33 $125,000
30 5,344 1.32 $95,000
31 5,362 1.32 $105,000
34 5,094 1.26 $105,000
35 5,167 1.28 $105,000
36 5,296 1.31 $107,500
37 5,441 1.34 $107,500
41 5,499 1.36 $105,000
44 6,524 1.61 $30,000
45 7,703 1.90 $30,000
46 11,613 2.87 $30,000
47 10,065 2.49 $30,000
48 13,730 3.39 $30,000
Friday, February 12, 2010
Original Caretake and wife
This is a picture of our original Caretake and his Wife
Bill Penny said -
Just got back from 8 days in Playa Guiones and a d...
Just got back from 8 days in Playa Guiones and a day trip to San Juanillo and the property...The word is kept hearing from locals was "Upside", and probably just a few years away from taking off. Pleasantly surprised by the growth of the town itself (recommend Buddah Bar). With that said, I am a believer, and we need to address the general maintenance of each lot...as they have really become "overgrown" since I was last there 2-3 years ago. Look for pics and more info to be posted...once I learn how to do it! Bill Penney
Sunday, February 7, 2010
First HOA Meeting 02/1/2010
This is a pic of our first offical HOA Meeting held at Andre's Pizza Palace in Brigantine, NJ. Several lot owners and developers attended. We failed to get the conference call up and running but all-in-all it was a sucessful first meeting.
From Left side of Pic going back -
Bryan Brillhart, Monique & Bob Munro, Joe Moose.
From Right side of Pic going back -
Sandy Brillhart, Mike Fitzgerlad, KurtBecker, David and Barbara Morgan, Bob Demos, Andre Cassara.
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