Construction and Development Guidelines
La Esmeralda Project
SECTION ONE – GENERAL GUIDELINES
LA ESMERALDA PROJECT is intended to create a relaxed living community in harmony with the natural environment and the community itself.
1.1 OBJECTIVES FOR RESIDENTIAL DEVELOPMENT.
In general terms, all home sites should be designed to take advantage of the spaces. It is also important for the homeowners and planners to take into account seasonality of the weather in Costa Rica. The area has an 4-month long period where there is minimal precipitation, known locally as the “Gold Season”. Open areas with measures taken to protect against the wind and rain should be taken into account during the rainy season. Also, careful planning of water resources and landscape choices of plantings, which require as little water as possible, are recommended.
1.2 SUSTAINABLE PRACTICES.
Homeowners are encouraged to carry out responsible sustainable practices, from the initial stages of breaking ground for construction through the entire building process by utilizing locally manufactured, sustainable building materials whenever possible. It is important to strive to preserve the natural beauty of the project’s setting. Trash recycling is highly encouraged. As general guidelines, homeowners can follow these practices:
- Use of energy-efficient appliances, such as those with the energy-star seal.
- Use of natural cross-ventilation and fans as much as possible to reduce the use of air conditioning.
- Use of materials with good insulating properties to control heat gain during the day, which will reduce cooling costs.
- Use of low water consumption plants for landscaping and use of low-volume irrigation systems such as drip irrigation, which does not lose water volume in the wind.
1.3 COMMUNITY CARE
During the construction period, owners must make sure that the construction crews working on their home sites do the following:
- Keep trash and rubble materials contained and properly enclosed as possible.
- Keep proper hygienic conditions at the site so that the crews can make their biological necessities in properly maintained facilities.
SECTION TWO – THE REVIEW BOARD
2.1 ARCHITECTURAL REVIEW BOARD.
There shall be established a “La Esmeralda Architectural Review Board” (ARB) that will be in charge of establishing and enforcing development and design guidelines for the overall benefit of all the homeowners of the community. Any substantial modifications to the site, residences, ancillary structures and any other new building or improvements must be approved by the ARB prior to doing any work. The ARB shall consist of at least three home/property owners who by virtue of their education, training or experience are qualified to review construction designs. They shall be elected for a one-year term by a majority of the homeowners at an annual meeting that is held every year on THE FIRST DAY OF DECEMBER or at such other time as a majority of the homeowners shall determine. Each homeowner who is not in default shall be entitled to vote at the annual meeting for members of the ARB, either in person or by written proxy. The number of members on the ARB may be increased by a majority of the homeowners at the annual meeting. Any increase in the number of members to be elected to the ARB shall take place immediately. Should any vacancy occur during the one-year period, the remaining members on the ARB might fill that vacancy until the next election occurs.
2.2 RESPONSE TIME.
The ARB will review any application of home design from any of the homeowners within twenty-one (21) days from its receipt. The applicant must provide to the ARB the list of required details or drawings. If the ARB has not informed an applicant whether his/her application has been approved or rejected by the thirtieth (30th) day after it was submitted to the ARB, the application will be deemed approved.
2.3 AUTHORITY OF THE ARCHITECTURAL REVIEW BOARD.
The ARB has the authority to reject any project that does not comply with the Design Guidelines annexed to this document. The ARB shall not be liable for any expenses incurred by the homeowner and/or its consultants as a result of a rejection by the ARB because a proposed project does not comply with such Design Guidelines.
2.4 PRE-DESIGN MODEL HOMES.
Pre-design La Esmeralda model house, owned by Joost Hauwert and Hans Veeken, fully comply with the Design Guidelines set for the project. Any owner who chooses to build the same as the pre-design model house will not need to obtain ARB approval.
- REVIEW SUBMISSION COSTS.
There will be no charge by the ARB to review an application whether it be an initial application, a change to an initial application that had been approved previously, or a resubmission of an application that had been rejected previously.
- STOP WORK NOTICES.
The ARB has the authority to issue Stop Work Notices to any construction site that is not complying fully with the Design Guidelines annexed to this document. Any expenses incurred by the owner in order to comply with the construction guidelines or that were incurred while construction was halted shall be borne by the owner. Any owner who has been issued a Stop Work Notice, must prepare and submit to the ARB a detailed plan of what action will be taken to bring the project in compliance with the construction development guidelines (hereinafter referred to as the “remedial plan”). Within fourteen (14) calendars days of receiving said remedial plan, the ARB may approve it in its entirety, partially approve it, or reject it. If the remedial plan is rejected in whole or in part, the owner shall submit a subsequent remedial plan to the ARB, which addresses that portion of the plan that was previously rejected. The ARB shall accept or reject any such remedial plan(s) submitted by an owner within ten (10) calendar days after receipt; provided, however, the ARB may take an additional ten (10) calendar days, for a total of twenty (20) calendar days to review the remedial plan if the ARB determines, in its absolute and unfettered discretion, that additional time is needed. In the event that the ARB fails to render a decision as to the remedial plan by the end of the time period set forth in this clause, then the remedial plan shall be deemed approved.
- PROJECT CHANGES.
After a project has been approved by the ARB, any substantial changes to the general layout, the outside design of the home, or to the site improvements must be submitted to the ARB for its review and approval. The ARB shall issue its decision to said requested change(s) within ten (10) calendar days after receipt; provided, however, the ARB may take an additional ten (10) calendar days, for a total of twenty (20) calendar days, in which to review said proposed changes if the ARB determines, in its absolute and unfettered discretion, that additional time is needed. In the event that the ARB fails to render a decision on the proposed changes by the end of the time period set forth in this clause, then the proposed changes shall be deemed approved. Notwithstanding the foregoing, nothing in this clause shall be construed to require any owner to submit any plan to the ARB regarding the design, building materials utilized, or any other facet concerning the interior of the home.
SECTION THREE – SITE DEVELOPMENT
3.1 GENERAL HOME SITE DEVELOPMENT GUIDELINES.
Homes may have detached elements but must be joined by one single roof in order to maintain the look of a single structure. No home shall be built within (a) five meters of any road front, (b) three meters of lateral property lines, or (c) five meters of any back property line.
3.2 EXISTING TREES.
Any tree on any of the properties that has a trunk which is less than six inches in diameter at its thickest point, may be cut to clear areas or building pads. Any tree on any of the properties that has a trunk which is greater than six inches in diameter at its thickest point, may be cut down but only if the owner has obtained a tree cutting permit issued by the MINAE.
3.3 PLANTING NEW TREES.
There is no prohibition to planting new trees on any property located in the project.
3.4 OUTSIDE AND LANDSCAPE LIGHTING.
Homeowners may utilize any landscape lighting system available provided that they adhere to the following conditions:
- No bright lights or floodlights shall be directed at other homes or the road;
- Accent lighting or “uplighting” shall be used only on feature trees and facades and at no point directed at roads or other homes; and,
- Security lights or bright floodlights are permitted to be used for security purposes and may be hooked up to alarm systems that trigger them for a short period of time. At no time shall security lights be illuminated for more than thirty (30) minutes at a time.
3.5 ARCHITECTURAL STYLES.
LA ESMERALDA PROJECT is open to different architectural styles including: Spanish Colonial, Mediterrenean, Hacienda Style.
3.6 ROOFING.
All roof surfaces have to be covered in clay roofing tile of any style and color. Shingle roofs are permitted. There will be no exposed sheet metal, corrugated steel or tile look-alike metal sheets on roofing surfaces.
3.7 COLORS.
The outside of the home may be of natural colors desired by the owner.
3.8 OUTSIDE FACING MATERIALS.
Any number of materials may be used for the outside wall surfaces on the homes. These materials include natural stone in any variation, brick facing, rough-edged stones, or wood board facings. However, no exposed metal or any metal-related facing will be approved.
3.9 GARGAGE DISPOSAL.
Each homeowner must deposit garbage inside a large plastic container with sealing lid so as to avoid foul smells and to keep from attracting wild animals such as raccoons, street dogs, and some large birds from rummaging through the garbage and creating a mess. On the planned days where the garbage collection rounds are made, owners must take out their plastic container(s) to the outer edge of their property, where the collection service will take the garbage bags from the containers and leave the empty containers at the property edge.
3.10 MINIMUM CONSTRUCTION SIZE.
The minimum size of a home that can be constructed on a lot shall be no less than 2000 square feet (200 square meters).
3.11 PROPERTY EDGES AND PRIVACY.
To be discussed, no fences out of metal or wire, stone walls are fine as long as landscaping will be put in place between road and property line wall.
3.12 OUTSIDE EQUIPMENT.
Any required outside equipment for the homes such as air-conditioning compressors, water pumps, gas tanks, and the like should all be located outside the homes but hidden from sight from other homes by the use of low walls that enclose them and secure them. Access to any of these outside equipment units should be limited, small secure gates should be used to access the equipment areas, in order to avoid children from walking around hazardous units.
SECTION FOUR: COMMUNITY OPERATION
4.1 COMMON USE AREAS.
There will be areas of common usage in the project. These common use areas will consist of the following:
(b) Any areas in the project that contain the water supply equipment or distribution systems, irrigation system equipment, etc.
4.2 HOMEOWNERS ASSOCIATION.
The HOA shall consist of at least three homeowners who are elected for a one-year term by the homeowners at the annual meeting that will be held on THE FIRST DAY OF DECEMBER of each year or at such other time as determined by a majority of the homeowners. Each homeowner who is not in default shall be entitled to vote at the annual meeting, either in person or by written proxy. The number of members on the HOA may be increased by a majority of the homeowners at the annual meeting. Any increase in the number of members to be elected to the HOA shall take place immediately. Should any vacancy occur during the one-year period, the remaining members on the HOA may fill that vacancy until the next election occurs. The HOA shall hold at least one meeting every six months and shall give notice of the date and time of the meeting(s) to all homeowners.
4.3 HOMEOWNERS ASSOCIATION FEES.
The administration of the whole project will be performed by Hidden Coast Realty Developments (“HCRD”), which will provide a non-profit service for the project.
HCRD which will charge an annual fee that will be calculated to cover all expenses related to the maintenance, upkeep, security, and administration expenses associated therewith.
In the first Homeowners Association Meeting, the monthly maintenance fee will be calculated and established, depending on the needs of LA ESMERALDA. The total expenses will be prorated between all the OWNERS, according to the area of their property. It will be reviewed every year, in order to cover the ordinary and extraordinary expenses in which HCRD may incur in administrating LA ESMERALDA.
Owners making payment by wire transfer shall pay any and all wire-transfer related bank charges.
4.4 DEFAULT ACCOUNTS.
Homeowners who do not pay their monthly HOA fees during the first 7 (seven) working days after the moment that HCRD sent them the respective invoice, will be deemed to be in default. A homeowner shall have until the 15th day of every month to cure the default. If the HOA fees are not paid by the 16th day of every month, then the HOA shall assess an interest charge of one percent (1%) per month on the unpaid balance until such time as all HOA fees have been paid in full. In addition, HOA has the authority to suspend any and all basic services that the administration controls to that homeowner. All services shall be reinstated to the homeowner once all HOA fees plus any interest thereon, and reconnection expenses, if any, are paid in full.
SECTION FIVE: SERVICES
5.1 SERVICES CONNECTIONS.
All connections to infrastructure services such as electrical power, telecommunications, and water supply must be done completely underground.
Electrical power must be routed by underground conduit from the houses input point all the way to the edge of the property and down the edge of the road to the closest concrete post where the connection point will be located.
Telecommunication input lines must also be routed by underground conduit in the same way, all the way to the edge of the property and down the edge of the road to the closest concrete post.
All underground cabling must be done in accordance to the regulations described in the National Electric Code for underground power and telecommunications installations, and must include any and all security provisions for underground power installations. If in the future, work from other properties exposes that the underground installation from a certain home does not comply with these safety regulations, then the work will be done by the project maintenance crews and billed to the homeowner who is not complying with the safety codes.
All underground power or communications inputs must be routed underground all the way to the main panels, which must be located inside the built area of the home. At no time should there be any visible cables in aerial installations.
5.2 WATER SYSTEM.
All homes have access to water from the community of La Garita. Each house must have its own water collection system (water holding tank) and its own hidropneumatic water system (water pump and pressure tank), which should be the system that will feed pressurized water to the house and its water outlets.
5.3 LANDSCAPE IRRIGATION SYSTEMS.
The Guanacaste area is classified as of Tropical Dry Forest, which has two very distinct seasons: a dry season and a rainy season. The dry season, which is typically four months long, as previously indicated, from December to April, is characterized by a total lack of rainfall, which puts a great strain on local water resources during that period. Responsible water use during this season is very important.
The types of plants used by the homeowners for the landscaping on the properties must be of low water needs, in order to be in good condition during the dry months with low water supply. This is intended to lower the water consumption of the irrigation systems used for the landscaped areas on the properties.
Misting sprayers are not to be used for irrigation systems, as they lose an important amount of water due to evaporation. Regular butterfly-type sprayers are encouraged as they cover a typically larger area more effectively. If possible, drip irrigation is preferred over spraying as this kind of system has lower water consumption than spray-based systems.
Homeowners can have the option of building a separate water collection and pressurizing system for irrigation needs, or to feed the irrigation system from the same system used for the house.
SECTION SIX: SECURITY
Once LA ESMERALDA has at least 3 homes built, HCRD will call to the first Homeowners Meeting, in which the SECURITY factor will be covered and defined. HCRD will then assume the responsibility of hiring he necessary security personnel, by executing the agreements taken in such Homeowners Meeting.
The security personnel must control access to the project of any unwanted people in the community, and must verify with the homeowner on the site before allowing entrance to any supposed “guests”.
Although HCRD can and will do all in its power to maintain the community as safe as possible, it cannot be held liable for any loss of property, since it is clear, that HCRD will then act just as a facilitator of the agreements of the Homeowners.
Homeowners are allowed to hire any additional security monitoring and response services to their property, but the companies selected must be properly recognized and approved by HCRD, to allow entrance to that company’s response personnel to the community.
SECTION SEVEN: PETS
Homeowners are allowed to keep domesticated pets within the compounds of their property, but within a certain group of considerations that owners must abide by in order to keep their pets from being troublesome and a nuisance to other owners. These considerations are:
(a) Pets should not be any kind of animal that is in any way harmful to humans, or that are “extreme” pets such as snakes, crocodiles, pigs, or any other non-standard pets. b) Pets should not be raised or bred with final commercial purposes. They are intended to be house pets for the owners.
c) Pets should be kept under the owners control at all times. Pets should not run loose in common-use areas nor be allowed to roam into other homeowners’ property.
d) When walking their pets around the community, owners have the responsibility to collect any droppings that their pets may produce along the way.
e) Any pet that is overly aggressive, dangerous, loud, annoying, and that in any way disturbs other homeowners, is considered undesirable and is subject to be required its removal from the community by order from the HOA.
SECTION EIGHT: GROUNDS MAINTENANCE
Homeowners are encouraged to use the project ground keeping services for the overall maintenance of their private grounds, therefore assuring that the maintenance standards and procedures will be very continuous throughout the project.
Homeowners will have the liberty to hire whoever they want to take care of ground keeping of their property, but owners are obligated to inform in writing to the HOA the names of the persons who will arrive to take care of their property, in order to allow access to these people to the project. The homeowners will then be completely responsible for any damages done by these people to common-use areas or other owners’ property.
Homeowners should take measures to equal or exceed the established maintenance standards throughout the project. Owners, who fail to do so, are subject to be required by the HOA to correct the situation and improve their maintenance standards. If they further fail to do so, then the HOA will take care of handling the required maintenance, billing the homeowners for the cost of the maintenance services rendered plus a 25% surcharge, which the owner must pay for immediately. |
