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Real Estate Listings arrow Additional Information arrow Covenants, Conditions and Restrictions arrow Las Antillas - Home Owners Association Regulations
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Las Antillas - Home Owners Association Regulations PDF Print E-mail
Written by Mark Smith   
Friday, 29 May 2009

Las Antillas
Residential Home Owner Association
Regulations

The Las Antillas Residential Home Owner Association (hereafter referred to as LARHOA) , and currently incorporated, funded and administered by the Developer, the Honduras Land Development Corporation (hereafter referred to as HLDC), specifies the following regulations:

  1. Definitions
    1. A “Home Owner” is defined as anybody other than HLDC or LARHOA who holds legal title over any property situated within the confines of the Las Antillas Residential Development, regardless of whether that property has buildings or other improvements constructed on it.
    2. “Common Area or Areas” are defined as those areas situated within the confines of the Las Antillas Residential Development to which HLDC or LARHOA holds legal title and are provided for the benefit, use, and enjoyment of all Home Owners, or to which the general public has legal access.
    3. “Common Facility or Facilities” are defined as those equipments, structures, Common Area improvements, and services provided by, employed by, or otherwise owned by HLDC or LARHOA, and provided for the benefit, use, and enjoyment of all Home Owners.
    4. “Refuse” is defined as abandoned, or discarded, or rejected, or wasted, objects or materials.
  2. General Regulations
    1. The primary purpose of these Regulations are to;
      1. ensure Home Owner rights to quiet enjoyment of their property,
      2. ensure Home Owner property values are maintained,
      3. define Common Areas and Facilities provided for the benefit of all Home Owners,
      4. define the Developer's responsibilities to provide such Common Areas and Facilities.
    2. HLDC is responsible for the initial design, provision, acquisition, construction, installation, licensing, and ownership of all Common Areas and Facilities and holds Title to all land not specifically owned by Home Owners.
    3. Home Owners automatically become members of LARHOA which is initially administered by HLDC.
    4. Once HLDC has sold 80% of the land not designated as Common Areas, HLDC will transfer title and ownership of all Common Areas and Facilities and administration of LARHOA to LARHOA members.
    5. LARHOA reserves the right to revise these regulations.
    6. These regulations and revisions to them must be in accordance with current Honduras Laws and La Ceiba Municipal Bylaws.
    7. The Home Owner, HDLC, and LARHOA separately agree to be bound by these regulations.
    8. The Home Owner, HDLC, and LARHOA separately agree to be liable if they infringe these regulations.
    9. The Home Owner, HDLC and LARHOA separately agree to be liable if their guests, visitors, staff, employees or sub-contractors infringe these regulations.
    10. Only HLDC or LARHOA are permitted to construct, install, or otherwise provide Common Facilities.
    11. No Home Owner property can be used or occupied for any reason other than as a single family dwelling. Home Owners are permitted to rent their Dwellings to a third party, and save for this exception, no other business is permitted to operate within the confines of the Las Antillas Residential Development without express written permission from LARHOA.
    12. No damaging, illegal, dangerous or nuisance activities may be conducted within the confines of the Las Antillas Residential Development.
  3. HLDC and LARHOA Obligations
    1. LARHOA is required to maintain and operate all Common Areas and Facilities.
    2. HDLC is required to design, construct, and otherwise install a perimeter fence enclosing the confines of the Las Antillas Residential Development, with the exception of the Beach front area. Such security fence is to be of cement bonded solid brick, block, or rock construction with a minimum height of 8 ft and minimum width of 1.5 ft, with any openings in the fence being closed with lockable gates of metal construction. Such perimeter fence and the land on which it stands form part of the Common Areas.
    3. HLDC is required to design, construct, pave, and otherwise install all streets, thoroughfares, and walkways within the confines of the Las Antillas Residential Development. Such streets, thoroughfares and walkways form part of the Common Areas.
    4. HLDC is required to design, construct, provision, and otherwise install lighting systems to all streets, thoroughfares, walkways and Common Areas within the confines of the Las Antillas Residential Development. Such lighting systems form part of the Common Facilities.
    5. HLDC is required to design, construct, and otherwise install a safe, but not necessarily potable, continuous and pressurized water distribution and supply system to every Home Owner property and where necessary to Common Areas and Facilities. Such water distribution and supply system will have sufficient capacity to supply water at a continuous pressure of not less than 4 bar (133 ft of head) and capacity of not less than 10 liters per minute to every Home Owner property and appropriate capacity to Common Areas and Facilities. Such water will be supplied by LARHOA and water meters will be installed at every Home Owner property. The Home Owner will be responsible for payment of charges for metered water supplies delivered by LARHOA to the Home Owner property. Such water distribution and supply system forms part of the Common Facilities.
    6. HLDC is required to design, construct, and otherwise install an electrical distribution system providing a connection from an appropriately licensed Honduras electrical power service provider designated by LARHOA, to every Home Owner property and where necessary to Common Areas and Facilities. Such electrical transmission system will have sufficient capacity to provide a minimum of 100/220v at 200 amps to every Home Owner Property and as necessary to Common Areas and Facilities. The Home Owner will be responsible for obtaining service from the designated electrical power service provider and payment of charges for electrical services delivered by the service provider to the Home Owner property. LARHOA will be responsible for obtaining service from the designated electrical power service provider and payment of charges for electrical services delivered by the service provider to the Common Areas and Facilities. Such electrical distribution system forms part of the Common Facilities.
    7. HLDC is required to design, construct, and otherwise install a cable television and internet transmission system providing a connection from an appropriately licensed Honduras cable television and internet service provider designated by LARHOA, to every Home Owner property and where necessary to Common Areas and Facilities. Such cable television and internet transmission system will have sufficient capacity to provide a minimum of 100 television channels and 1.0 MBps internet access to every Home Owner Property and as necessary to Common Areas and Facilities. The Home Owner will be responsible for obtaining service from the designated cable television and internet service provider and payment of charges for cable television and internet services delivered by the service provider to the Home Owner property. LARHOA will be responsible for obtaining service from the designated cable television and internet service provider and payment of charges for cable television and internet services delivered by the service provider to the Common Areas and Facilities. Such cable television and internet transmission system forms part of the Common Facilities.
    8. Only HLDC or LARHOA and their agents or designated service providers are authorized to connect electrical power, water supplies, and utility services requiring a physical media, to the Home Owner property.
    9. HLDC is required to design, construct and otherwise install a below-ground swimming pool in a designated Common Area and landscape said Common Area surrounding such swimming pool. Such swimming pool forms part of the Common Facilities and the area occupied by it forms part of the Common Areas.
    10. HDLC is required to design, construct, provision and otherwise install a Guard House at the public entrance of the Las Antillas Residential Development. Such Guard House forms part of the Common Areas.
    11. LARHOA is required to employ and manage sufficient and appropriate staff to provide a 24 hours a day, 7 days a week, Security surveillance and patrol service within the confines of the Las Antillas Residential Development. Such Security service forms part of the Common Facilities.
    12. HDLC is required to design, construct, and pave a vehicle parking area for the use of Home Owner guests and visitors. Such parking area forms part of the Common Areas.
    13. LARHOA is required to provide a daily domestic refuse collection service from the Home Owner property and Common Areas and Facilities and dispose of such refuse in accordance with La Ceiba Municipal regulations. Home Owners are required to purchase a refuse collection container which conforms to LARHOA specifications. All domestic refuse for collection must be deposited within such a container. Such container must normally be stored within the Home Owner property boundaries and not be visible from outside the Home Owner property boundaries. Such container can be placed in the street in front of the Home Owner property when the Home Owner requires the container to be emptied. Once emptied, the container must be removed from the street and stored within the Home Owner property boundaries. At no time can containers be left in the street after sunset and before dawn. Such refuse collection service forms part of the Common Facilities.
    14. LARHOA is required to obtain and hold current General Liability Insurance for all Common Areas and Facilities. Such insurance forms part of the Common Facilities.
  4. Construction and Improvements
    1. All Home Owners require the approval of the LARHOA architectural committee before constructing buildings on, or making improvements to, the Home Owners property.
    2. Home Owners are not permitted to erect any constructions on, or make any improvements to, their property that have not previously been approved by the LARHOA architectural committee. When applying for approvals from the LARHOA architectural committee, Home Owners are required to submit plans, schedules, and details of materials which are consistent and harmonious with the other existing or planned constructions within the confines of the Las Antillas Residential Development.
    3. Construction contractors are required to be approved by the LARHOA architectural committee before construction begins.
    4. LARHOA has a duty to consider all submissions in a timely manner and not unreasonably withhold approvals.
    5. Home Owners are required to maintain the external appearance of their buildings and property improvements in a color, style, form, and condition consistent with the original construction.
    6. With the exception of septic systems or swimming pools previously approved by LARHOA architectural committee, Home Owners are not permitted undertake subterranean excavations or otherwise install subterranean structures or equipment.
    7. Except with express written permission from LARHOA, Home Owners are not permitted to erect tents, tree houses, or otherwise create, erect, or install temporary Dwellings, Buildings, Structures, or Containers.
    8. After gaining Legal Title to their property, Home Owners have a maximum of 24 months to start the construction of a dwelling and such construction must be completed within 24 months of its beginning.
    9. All unused or refuse construction or landscaping materials must be removed from the Home Owner property, periodically, when such construction or landscaping is in progress, and when it has been completed.
    10. Except with express written permission from LARHOA, all work on a construction must be executed continuously. Such written permissions will not be granted for a period exceeding 90 days. Should work on a construction not be undertaken for a continuous period exceeding 90 days, or be completed within 24 months of its beginning, then LARHOA may declare such construction to be Ruins.
    11. Any construction, dwelling or improvements that has been damaged or destroyed by whatever cause must be reconstructed or restored to original condition within 24 months of the damage or destruction occurring, or LARHOA may declare such construction, dwelling or improvements to be Ruins.
    12. LARHOA reserves the right to remove Ruins from Home Owner property, at the expense of the Home Owner and without penalty or obligation to LARHOA.
    13. No more than one Residential Dwelling and one Guest/Staff Dwelling can be constructed within the area of the Home Owner property.
    14. Every Residential Dwelling must have a minimum enclosed living area of 180 sq m (1,937.50 sq ft).
    15. Every Guest/Staff Dwelling must have a minimum enclosed living area equivalent to 30% of the Residential Dwelling and must be constructed in architectural style and materials sympathetic with the Residential Dwelling. The Guest/Staff Dwelling can only be occupied when the Residential Dwelling is occupied and cannot be sub-let, utilized, or otherwise occupied as a separate Residential Dwelling.
    16. Every Residential Dwelling must incorporate a designated space to park at least one vehicle within the boundaries of the Home Owner property.
    17. A Home Owner property can not be sub-divided or fractioned for any reason.
    18. Adjacent Home Owner properties can be combined to form a new property, but once combined, can not be sub-divided or fractioned for any reason.
  5. Environmental
    1. With the exception of Domestic Refuse deposited in containers, or Construction Refuse, Home Owners are required to maintain their properties free of all refuse and at all times.
    2. With the exception of materials and equipment being used in construction, no refuse, containers, items, equipment, or materials can be stored, accumulated, or deposited in areas visible outside the Home Owner property boundaries.
    3. With the exception of Domestic Refuse deposited in containers and awaiting collection by the daily refuse collection service, no refuse, containers, items, equipment, or materials can be stored, accumulated, or deposited in Common Areas.
    4. Construction Refuse accumulated during construction work, must be periodically removed from the Home Owner property. Such Refuse must not remain on the Home Owner property for a continuous period exceeding 30 days.
    5. LARHOA reserves the right to remove all refuse, containers, items, equipment, or materials that in its opinion, result in the deterioration of the Las Antillas Residential Development and at the expense of the Home Owner and without penalty or obligation to LARHOA.
    6. No Home Owner shall cause or permit the presence, use, storage, disposal, release, or threaten to release any toxic, hazardous substance, flammable substance, illegal substance, pollutant or similar substance deemed hazardous to health, safety, property or environmental condition. Small quantities of substances that are generally recognized to be appropriate to normal residential use and for the maintenance of the Home Owner property shall be allowed.
    7. Home Owner must be maintain their property clean and free of undergrowth, overgrowth, weeds, and diseased plants. Vegetation must not extend from or over the Home Owner’s property boundaries. LARHOA reserves the rights to clean, cut, and remove all vegetation from Home Owner properties, that in its opinion, results in the deterioration of the Las Antillas Residential Development and at the expense of the Home Owner and without penalty or obligation to LARHOA.
    8. Every Home Owner must maintain the visible exterior of their property in good condition and make repairs when necessary to maintain this condition. The external surfaces of buildings must be painted periodically if there is any apparent discoloration or deterioration. LARHOA may provide services to conduct such repairs and maintenance at a charge agreed with the Home Owner.
    9. Exterior clothes poles, lines, or other facilities used for the drying or airing of clothing are not permitted within the confines of the Las Antillas Residential Development.
    10. Antennas and satellite dishes must be installed appropriately and protected to minimize their visibility outside the boundaries of the Home Owner's property.
    11. Audio devices or systems must not be audible beyond the boundaries of the Home Owners property, with the exception of security alarm systems which must have cut-off switches accessible to LARHOA Security Staff.
    12. With the exception of domestic pets not exceeding 13 kg (30 pounds), no animals of any kind are permitted to be brought within the confines of the Las Antillas Residential Development. Home Owners must prevent their domestic pets from leaving their property boundaries. Domestic pets must be accompanied and adequately controlled and restrained at all times they are outside the Home Owner property boundaries. LARHOA reserves the right to remove any unaccompanied animals found outside Home Owner property boundaries, or that it considers a nuisance or danger to Home Owners, LARHOA staff or visitors, and is not required to compensate the animal owner for the loss of such animal.
    13. Any boat or trailer must be kept within a closed structure or be fenced such that it is not visible outside the boundaries of the Home Owner's property.
    14. Except in the case of an emergency, any activity involving assembly, construction, maintenance, service, repair, dismantling or improvements to any vehicle, machine, item, or device, must be done within an enclosed building on the Home Owners property and such activities must not be visible, audible, or emit any discharge detectable outside the boundaries of the Home Owner's property.
    15. Air conditioning compressors must be protected or housed in such a way as to minimize their visibility, audibility, and emission of any discharge detectable outside the boundaries of the Home Owner's property.
    16. No motor vehicle or boat that is partially dismantled or damaged can positioned in any Common Area, or if on the Home Owner's property must not be visible outside the boundaries of the Home Owner's property.
    17. Home Owners are only permitted to park vehicles on their property within the designated vehicle parking spaces.
    18. Expect for the Common Area designated for parking of Home Owner guests and visitors vehicles, parking of vehicles in Common Areas after sunset and before dawn is prohibited.
Last Updated ( Saturday, 30 May 2009 )
 
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