Long Caye Belize - Eco-Guidelines (Web Publish)

8/7/2019 Long Caye Belize - Eco-Guidelines (Web Publish)

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Our Mission Statement:To provide a significant and educational experience for all, whileserving as a role model for self-sustaining environments and the

preservation of natural habitats worldwide.

AMENDED AND RESTATEDECO GUIDELINES

of Pleasure Island Limited

a Belize Corporation

IT IS INTENDED THAT ALL PURCHASERS OF LOTS AND ALL IMPROVEMENTS ERECTED

OR TO BE ERECTED THEREON (THE IMPROVEMENTS), ALL RIGHTS AND

APPURTENANTS BELONGING THERETO, AND ALL OTHER PROPERTY (REAL,

PERSONAL AND MIXED) NOW OR HEREAFTER SITUATED ON OR WITHIN THE LOTS

LOCATED ON LONG CAYE AT THE LIGHTHOUSE REEF ATOLL SHALL PURCHASE THE

LOTS AND THE IMPROVEMENTS SUBJECT TO AND BE BOUND BY THESE ECO-

GUIDELINES EFFECTING SAID LOTS AND THE IMPROVEMENTS AT LONG CAYE AT

LIGHTHOUSE REEF NOW AND FOREVER MORE.

PLEASURE ISLAND LIMITEDS

COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, RULES,

REGULATIONS AND AGREEMENTS GOVERNING AND REGULATINGTHE LONG CAYE PRESERVE AT THE LIGHTHOUSE REEF ATOLL

(LONG CAYE), BELIZE, C.A. (ECO-GUIDELINES)

2003, 2004, 2010 Pleasure Island Limited. All rights reserved. Reproduction in whole or inpart is expressly forbidden.


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TABLE OF CONTENTS

IntroductionArticle I DefinitionsArticle II Property Rights

2.1 Common Area2.2 Wetlands2.3 No Partition2.4 Exclusive Common Areas2.5 Private Walkways and Pathways

Article III Membership and Voting Rights3.1 Membership3.2 Voting3.3 Voting Delegates3.4

Article IV Rights and Obligations of the AssociationCommon Area4.1 Personal Property and Real Property for Common Use4.2 Enforcement4.3 Implied Rights; Board Authority4.4 Indemnification4.5 Dedication of or Grant of Easements on Common Areas4.6 Security4.7 Governmental Interests4.10 Provisions of Service

Article V Maintenance5.1 Associations Responsibility5.2 Owners Responsiblility5.3 Standard of Performance5.4 Cost Sharing Agreements

Article VI Annexation and Withdrawal of Property6.1 Annexation by Declarant6.2 Annexation by Membership6.3 Withrdrawal of Property6.4 Additional Covenants and Easements6.5 Amendment

Article VII Establishment of the Environmental Review Board7.1 General7.2 Architectural Review7.3 Guidelines and Procedures7.4 Specific Guidelines and Restrictions

Article VIII Assessments8.1 Creation of Assessments8.2 Computation of General Assessments8.3 Computation of Neighborhood Assessments8.4 Special Assessments8.5

Benefited Assessments8.6 Capital Improvements Assessment

8.7 Lien for Assessments8.8 Date of Commencement of Assessments8.9 Failure to Assess8.10 Exempt Property8.11 Reserve Funds8.12 Capitalization of Association8.13 Annual Financial Reports and Budgets8.14 Association Funds8.15 Estoppel Certificate8.16 Subordination to Lien Mortgage

Article IX Use Restrictions9.1 General9.2 Rules and Regulations9.3 Occupants Bound9.4 Leasing9.5 Residential Use9.6 Occupancy of Unfinished Lots9.7 Vehicles9.8 Use of Common Area9.9 Animals and Pets9.10 Nuisance9.11 Storage of Materials, Garbage, Dumping, Sanitary Structures, Etc.9.12 Combustible Liquids9.13 Subdivision of Unit9.14 Drainage

9.15 Irrigation9.16 Ponds, Creeks and Lagoons


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9.17 Wetlands9.18 Use and Preservation of the Lakes, Ponds, Bays and Lagoons (Wetlands)9.19 Notice and Disclaimers as to Water Bodies9.20 Conservation Area9.21 No Clothes Drying Areas9.22 Power Transformers and Other Utility Service9.23 Renewable Resource Devices9.24 Gatehouse Procedures9.25 Garages9.26 Helicopter and Aircraft Pads9.27 Antennas and Utility Lines9.28 Firearms9.29 Signs9.30 Laws and Ordinances

Article X Easements10.1 Easements of Encroachment10.2 Easements for Utilities, Etc.10.3 Easements to Serve Additional Property10.4 Easement for Entry10.5 Easements for Maintenance and Enforcement10.6 Easements for Use of Wetlands10.7 Lateral Support10.8 Easement for Special Events10.9 Drainage Swale Easement10.10 Rights to Storm Water Runoff, Effluent and Water Reclamation10.11 Easement for Improvements10.12 Liability for Use of Easements10.13 Non-Merger10.14 Grants

Article XI Mortgage Provisions11.1 Notices of Action11.2 No Priority11.3 Notice to Association11.4 Failure of Mortgagor to Respond11.5 Construction of Article XI

Article XII Declarants Rights12.1 Transfer or Assignment12.2 Development and Sales12.3 Improvements to Properties12.4 Additional Covenants12.5 Community Systems12.6 Amendments

Article XIII General Provisions13.1 Term13.2 Termination13.3 Amendment13.4

Severability13.5 Dispute Resolution

13.6 Litigation13.7 Cumulative Effect; Conflict13.8 Use of the Words Long Caye13.9 Compliance13.10 Notice of Sale or Transfer of Title13.11 Exhibits13.12 Right of First Refusal13.13 Liability for Use of Easements13.14 Remedies for Violation


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I. INTRODUCTIONDeclarant is the owner of the real property described on Exhibit A (Masterplan), which is attached hereto

and incorporated herein by this reference. These Eco-Guidelines impose upon the Properties mutually beneficialrestrictions under a general plan of improvement for the benefit of the owners of each portion of the Properties, all ofwhom share our appreciation of nature and our concerns to maintain these important natural habitats, and establishes aflexible and reasonable procedure for the overall development, administration, maintenance and preservation of the

Properties. In furtherance of such plan, these Eco-Guidelines provide for the creation of the Island of Long CayeProperty Community Association, Ltd. to own, operate and maintain the Common Areas, which include theboardwalks, which will be strategically located on the Island to elevate the human travel path to ensure the lowestpossible impact on the existing plant and animal life.

Declarant hereby declares that all of the property described on Exhibit A shall be held, sold, used andconveyed subject to the following easements, restrictions, covenants, and conditions, which shall run with the title tothe real property subjected to these Eco-Guidelines. These Eco-Guidelines shall be binding upon and inure to thebenefit of all parties having any right, title or interest in any portion of the Properties, their heirs, successors,successors-in-title, and assigns.

Although the Design Guidelines shall more specifically delineate the materials and methods to be used whenconstructing Improvements on the Lots, Declarant hereby declares that all dwellings are to be unobtrusive, site adaptivein design and must be of stilt construction to further ensure that the water flow of the Caye is minimally disturbed andto accommodate water lens (water table) and tidal changes. Virtually all lakes, ponds, lagoons, creeks and otherwetlands on Long Caye are to remain in their as is, where is condition , unless Declarant and/or ERB determinesthat certain drainage and/or filling may be necessary (for pest reduction or ecologically sound and defensible propertyimprovement reasons). Creeks and lagoons swell and the water lens (water table) of Long Caye rises creating newhabitats. The diverse flora and fauna of the Caye is dependent upon the essential replenishment of the fresh watersupply provided by the seasonal rainfall. These Eco-Guidelines have been established to provide policies andprocedures so we can co-exist with and have minimal impact upon the natural habitats. These Eco-Guidelines, whichmust be complied with by each of the Lot Owners and each of their invitees, visitors, guests, and tenants will morelikely than not help maintain the natural condition and value of the Properties on Long Caye and make the community aharmonious and aesthetically pleasing Preserve.

ARTICTLE I: DEFINITIONS

The terms in these Eco-Guidelines and the exhibits attached hereto shall generally be given their natural,commonly accepted definitions except as otherwise specified herein or the context requires such a contraryconstruction. Capitalized terms shall be defined as set forth below.

1.1Additional Property. All of that certain real property which is more particularly described on ExhibitB, which is attached hereto and incorporated herein by this reference, and which real property is subject toannexation in accordance with the terms of these Eco-Guidelines.

1.2ERB. The Environmental Review Board, as described in Section 7.2 of Article VII.1.3Area of Common Responsibility: The Common Area, together with those areas within Long Caye, if

any, which by the terms of these Eco-Guidelines, any Supplemental Eco-Guidelines, or by contract or agreement withany Neighborhood or D.O.E. become the responsibility of the Association. The office of any property manageremployed by or contracting with the Association, if located on the Properties, or any public rights-of-way within oradjacent to the Properties, may be part of the Area of Common Responsibility.

1.4Articles of Association or Articles: The Articles of Association of The Island of Long CayeCommunity Association Limited, as they may be amended from time to time, as filed or to be filed with the applicablegovernmental agency of Belize.

1.5Association: The Long Caye Community Association Ltd., a Belize corporation, its successors orassigns.

1.6 Benefited or Special Assessment: Assessments levied against Lots receiving benefits, items, orservices not provided to all Lots within a Neighborhood or within the Properties, as more particularly described inArticle VII of these Eco-Guidelines.

1.7Benefited Expenses: The actual and estimated expenses of the Association that are incurred upon therequest of the Owner of a Lot for specific items or services relating to the Lot, or that are incurred by the Associationpursuant to these Eco-Guidelines or the Memorandum for providing specific items or services relating to or benefitingone or more, but less than all, Lot or Lots.

1.8Board of Directors or Board: The body responsible for administration of the Association, selectedas provided in the Memorandum and serving as the board of directors under Belize corporate law.

1.9 Builder. Any Person who purchases one (1) or more Lots for the purpose of constructingimprovements for later sale to consumers or who purchases one (1) or more parcels of land within the Properties for

further subdivision, development, and/or resale in the ordinary course of such Persons business. Any Person occupyingor leasing a Lot for residential purposes shall cease to be considered a Builder with respect to such Lot immediatelyupon occupancy of the dwelling or structure on the Lot for residential purposes, notwithstanding that such Personoriginally purchased the Lot for the purpose of constructing Improvements for later sale to consumers. All Buildersmust have ERB Approval prior to commencement of building activity.

1.10 Capital Improvement Assessment. Assessments levied in accordance with Article VIII, Section8.6.

1.11 Common Area. All real and personal property, including easements and licenses, which theAssociation owns, leases or holds possessory or use rights in for the common use and enjoyment of the Owners.

1.12 Common Expenses. The actual and estimated expenses incurred, or anticipated to be incurred,by the Association for the general benefit of all Owners, including, without limitation, any reasonable reserve, as theBoard may find necessary and appropriate pursuant to the Governing Documents. Common Expenses shall not includeany expenses incurred during the term of the Class B membership for initial development, original construction,

installation of infrastructure, original capital improvements, or other original construction costs unless approved by


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Members holding a Majority of the total Class A votes or Voting Delegates representing a Majority of the Class A

votes of the Association.

1.13 Community-Wide Standard. The standard of conduct, maintenance, or other activity generallyprevailing throughout the Properties. Such standard shall initially be established by the Declarant and may be morespecifically determined by the Board of Directors and the Environmental Review Board (the E.R.B.).

1.14 Cost Sharing Agreement. Any agreement, contract or covenant between the Association and an

owner or operator of property adjacent to, in the vicinity of, or within the Properties for the allocation of expenses foramenities and/or services that benefit both the Association and the owner or operator of such property.

1.15 Days: Calendar days; provided however, if the time period by which any action requiredhereunder must be performed expires on a Saturday, Sunday or legal holiday, then such time period shall beautomatically extended to the close of business on the next regular business day.

1.16 Declarant. Pleasure Island Limited, a Belize corporation, or any successor, successor-in-title, orassign who takes title to any portion of the Properties described on Exhibits A and/or B for the purpose of

development and/or sale and who is designated as the Declarant in a recorded instrument executed by the immediatelypreceding Declarant; provided however, there shall be only one (1) Declarant hereunder at any time.

1.17 Design Guidelines. The design, architectural and construction guidelines and application andreview procedures applicable to all or any portion of the Properties promulgated and administered pursuant to ArticleVII.

1.18 Development Period: The period of time during which the Declarant owns any property which

is subject to this Declaration or any Additional Property or has the unilateral right to subject Additional Property to thisDeclaration pursuant to Section 6.1 of Article VI. The Declarant may, but shall not be obligated to, unilaterallyrelinquish its rights under this Declaration and terminate the Development Period by recording a written instrument inthe Public Records.

1.19 General Assessment. Assessments levied on all Lots subject to assessment under Article VIII tofund Common Expenses for the general benefit of all Lots, as more particularly described in Sections 8.2 of ArticleVIII of these Eco-Guidelines.

1.20 Governing Documents: These Eco-Guidelines, Memorandum, Articles of Association, allSupplemental Declarations, all Design Guidelines, the rules of the Association, any Cost Sharing Agreement and alladditional covenants governing any portion of the Properties or any of the above, as each may be amended andsupplemented at any time and from time to time.

1.21 Improvements: All structures or artificially created conditions and appurtenances thereto ofevery type and kind located on the Properties including, without limitations, buildings, out-buildings, walkways,lighting fixtures, light bulbs, roads, golf cart parking areas, , screening, stairs, decks, pools, landscaping, , windbreaks,planting, planted trees and shrubs, poles, signs and exterior air-conditioning and water softener fixtures or equipment, ifany, bridges, and guard bases.

1.22 Lot. A portion of the Properties, whether improved or unimproved, which may be independentlyowned and conveyed, and which is intended for development, use and occupancy as a residence for a single family.The term shall refer to the land, if any, which is part of the Lot, as well as any Improvements thereon. The term shallinclude within its meaning, by way of illustration, but not limitation, single-family detached houses on separatelyplatted lots, as well as vacant land intended for development as such, but shall not include Common Area or propertydedicated to the public.

In the case of an unplatted, unregistered or unrecorded parcel of land, the parcel shall be deemed to be a singleLot until such time as a subdivision plat or master plan is filed with respect to all or a portion of the parcel. Thereafter,the portion encompassed by such plat or master plan shall contain the number of Lots determined as set forth in thepreceding paragraph and any portion not encompassed by such plat or master plan, as the case may be, shall continue to

be treated in accordance with this Section 1.29 of Article I.

1.23 Majority: Those votes, Owners, Members, Voting Delegates, Voting Group, or other group, asthe context may indicate, totaling more than fifty percent (50%) of the total eligible number.

1.24 Member. A Person subject to membership in the Association pursuant to Article III.1.25 Memorandum of Association. or Memorandum: The Memorandum of Association of The

Island of Long Caye Community Association Limited, as it may be amended from time to time, as filed or to be filedwith the applicable governmental agency of Belize.

1.26 Mortgage. A mortgage, a deed of trust, a Charge, a deed to secure debt, or any other form ofsecurity instrument affecting title to any Lot.

1.27 Mortgagee/Chargee: A beneficiary or holder of a Mortgage or Charge.1.28 Owner. One (1) or more Persons or legal entity(ies) holding the record title to any Lot, including

the Declarant and any Builders, but excluding in all cases any party holding an interest merely as security for the

performance of an obligation. If a Lot is sold under a recorded contract of sale, and the contract specifically soprovides, the purchaser (rather than the fee owner) will be considered the Owner. If more than one (1) Person owns aLot, all such Persons shall be jointly and severally obligated to perform the responsibilities of such Owner.

1.29 Person. A natural person, a corporation, a partnership, a limited liability company, a fiduciaryacting on behalf of another person or any other legal entity.

1.30 Property or Properties: The real property described on Exhibit A as such exhibit may beamended or supplemented from time to time at any time to reflect any additions or removal of prop erty.

1.31 Public Records. The Official Records of any department, agency, division or other appropriateBelize governmental agency.

1.32 Users A User is anyone including but not limited to; Owners, Builers, Contractors, Visitorsand Guests, who occupy any portion of the Caye, including but not limited to; Parcels/Lots (residential andcommercial), common areas, Preserve, roads and trails, wetlands etc

1.33 Special Assessment. Assessments levied in accordance with Section 4 of Article VIII.


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1.34 Supplemental Declaration. An instrument filed in the Public Records, which subjectsAdditional Property to this Declaration and/or imposes, expressly or by reference, additional restrictions andobligations on the land described in such instrument.

1.35 Voting Delegate The representative selected by the Members of each Neighborhood to beresponsible for casting all votes attributable to Lots in the Neighborhood for election of directors, amending these Eco-Guidelines or the Memorandum, and all other matters provided for in these Eco-Guidelines and in the Memorandum.

Each Neighborhood shall certify to the Association the name of the Voting Delegate from that Neighborhood. In theevent a dispute arises in the Neighborhood as to who constitutes the Voting Delegate, the vote which would have beencast by that Voting Delegate will be suspended until that Neighborhood clarifies the identity of the Voting Delegate bycertifying to the Association the name of the Voting Delegate. The term Voting Delegate shall also refer to anyalternate Voting Delegate acting in the absence of a Voting Delegate and any Owner personally casting the vote for hisor her Lot pursuant to Article III.

1.36 Wetland Area, Wetland or Wetlands.- The general, all-encompassing term referring toany pond, lake, lagoon, stream, creek, standing water, or other body of water referenced anywhere else in document,and this definitions section.

1.37 Wetland Use Restrictions: Use restrictions, rules and procedures forany Wetland Area, Wetlandor Wetlands promulgated by the Association.

1.38 Wetland Owner: Each Owner of a Lot which includes any portion of any Wetland Area,Wetland or Wetlands, referenced in this document and this definitions section.

ARTICLE II: PROPERTY RIGHTS

2.1 Common Area. Every Owner shall have a right and non-exclusive easement of use, access, andenjoyment in and to the Common Area, which is appurtenant to and shall pass with title to each Lot, subject to:

These Eco-Guidelines and all other Governing Documents, as amended from time to time; Any restrictions or limitations contained in any deed conveying such property to the Association; The

right of the Board to adopt, amend and repeal rules regulating the use and enjoyment of the CommonArea, including rules limiting the number of guests who may use the Common Area and fees for the useof any facility situated upon the Common Area; The right of the Board to suspend the right of an Ownerto use any facilities within the Common Area.

The right of the Board to permit the use of any facilities situated on the Common Area by persons otherthan Owners, their families, lessees and guests; the Board may, but shall not be required to, establishreasonable fees for the use of such facilities and rules regulating the use and enjoyment of these facilities;

The right of the Association, acting through the Board, to mortgage, charge, pledge, or hypothecate any orall of its real or personal property as security for money borrowed or debts incurred; and The right of the Association, acting through the Board, to dedicate or transfer all or any portion of the

Common Area, subject to any approval requirements set forth in the Governing Documents.Any Owner may extend his or her right of use and enjoyment to the members of his or her family, lessees, and

social invitees, as applicable, subject to reasonable regulation by the Board. An Owner who leases his or her Dwellingin accordance with and any rules promulgated by the Board shall be deemed to have assigned all such use rights to thelessee of such Dwelling; provided however, the Owner shall remain responsible for payment of all assessments andother charges. Fees are not charged for general usage and enjoyment of the Common Areas. If fees are charged foraccess to Common Areas, they shall be reasonable and customary and shall be charged only to ensure that theAssociation is compensated for any wear and tear that occurs because of the usage of the common area. Neither theDeclarant, nor the Association may use public/open spaces or collateral or to mortgage them.

2.2 Wetlands.

(a)Access to and use of the Wetlands is strictly subject to the Restrictions herein. No Member or otherPerson gains any right to access the Wetlands from the Properties, if ever, other than by ownership or occupancy of aLot, which includes a portion of the Wetlands. Each Owner of a Lot acknowledges and agrees to strictly abide by anyand all such Use Restrictions. Any Person, including any Owner, using the Wetlands, notwithstanding the outrightprohibition to use the Wetlands or any portion thereof, for any purpose shall exclusively assume the risk of such use.Under no circumstance shall the Declarant, the Association, any Builder, or any Person acting on their behalf, be heldliable in any way, except for their own acts of negligence or carelessness, for any damages whatsoever. Users ofwetlands assume any liability for use of such wetlands, both for themselves as well as by any occupant or theirrespective invitees or licensees.

(b) The Owners acknowledge that no rights or easements for access to the Wetlands exist over, across orthrough any Lot adjacent to the wetlands except to the Owner of such Lot. No swimming, water skiing, jet skiing, orany motorized craft/vessel/vehicle shall be permitted in/on the Wetlands.

2.3 No Partition. Except as permitted in these Eco-Guidelines, there shall be no judicial partition of the

Common Area. No Person shall seek any judicial partition unless the portion of the Common Area that is the subject ofsuch partition action has been withdrawn from the provisions of these Eco-Guidelines. This Section 3 of Article 2 shallnot prohibit the Board from acquiring and disposing of real property, which may or may not be subject to these Eco-Guidelines.

2.5 Private Walkways and Pathways: Every Owner shall have a right and nonexclusive easement ofuse, access and enjoyment in and to and over and across any private walkway and pathways within the Properties(Private Streets), whether or not such Private Streets are Common Area, for the purpose of ingress and egress to

public rights-of-way. The rights and nonexclusive easements granted herein are appurtenant to the title to each Lot,subject to:

(a) These Eco-Guidelines and all other Governing Documents;(b) The right of the Declarant, so long as the Declarant owns the Private Streets, to adopt, amend and

repeal rules regulating the use and enjoyment of the Private Streets, provided that the Declarant shall not by theadoption of any rule or regulation bar access of the Owners across the Private Streets;

(c) The right of the Declarant to dedicate all or any part of the Private Streets;


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(d) The right of the Declarant to mortgage, charge, pledge, or hypothecate any or all of the Private Streetsas security for money borrowed or debts incurred, provided that the Declarant shall not subject the PrivateStreets to any security instrument without obtaining the agreement of the lender to subordinate its interest inthe Private Streets to the easements for the Owners contained in this Section 5(d) of Article 2; and,(e) The rights of the Declarant to maintain the Private Streets.

Any Owner may extend his or her right of use and enjoyment to the members of his or her family, lessees, and socialinvitees, as applicable.

ARTICLE III: MEMBERSHIP AND VOTING RIGHTS3.1 Membership. Every Owner and Declarant shall be a Member of the Association. There shall be

only one (1) membership per Lot. If more than one (1) Person owns a Lot, all co-Owners shall share the privileges ofsuch membership, subject to reasonable Board regulation and the restrictions on voting set forth in these Eco-Guidelines in Section 2 of Article 3, and in the Memorandum. Any officer, director, member, manager, partner ortrustee of such Owner, or by any individual designated from time to time by the Owner in a written instrumentdelivered to the secretary of the Association may exercise the membership rights of an Owner, which is not a naturalperson. Membership in the Association shall not be assignable by an Owner, except to the successor-in-interest of theOwner, and every such membership (other than that of Declarant) shall be appurtenant to and may not be separatedfrom the fee ownership of a Lot.

3.2 Voting. The Association shall have two (2) classes of membership, Class A and ClassB.(a) Class A: Class A Members shall be all Owners, including any and all Builders, except the

Class B Member for so long as there exists a Class B Member. ClassA Members shall be entitled to one (1)equal vote for each Lot in which they hold the interest required for membership; provided however, there shall be onlyone (1) vote per Lot and no vote shall be exercised for any property which is exempt from assessment. When there ismore than one (1) Owner of a Lot, the vote for such Lot shall be exercised as the co-Owners determine amongthemselves and advise the secretary of the Association in writing prior to the vote being taken. (Fractional votes shallnot be allowed, and the vote for each Lot shall be exercised, if at all, as a whole.) Absent such advice, the Lots vote

shall be suspended, if more than one (1) Person seeks to exercise it. All Co-Owners (including, without limitation, anynon-voting Co-Owners) shall be jointly and severally responsible for all obligations imposed upon the jointly ownedLots and said Co-Owners shall be entitled to all benefits of ownership, except as expressly otherwise provided herein.

(b) Class B. The sole Class B Member shall be the Declarant. The rights of the ClassB Member,including the right to approve, or withhold approval of, actions proposed under these Eco-Guidelines, theMemorandum and the Articles, are specified in the relevant sections of these Eco-Guidelines, the Memorandum and theArticles. The Class B Member may appoint a Majority of the members of the Board of Directors until termination of

the Class B membership.The Class B membership shall terminate when the earlier of the following events occurs:

Three (3) months after ninety percent (90%) of the total number of Lots permitted by the D.O.E. for the propertydescribed on Exhibits A and B have been sold and have been conveyed to Persons other than Builders, contractors,or others who purchase a Lot for the purpose of constructing improvements thereon for resale; orDecember 31, 2014; or

When, in its discretion, the Declarant so determines and voluntarily relinquishes such right as evidenced byrecording a written instrument in the Public Records.

Subsequent to the termination of the Class B membership, Declarant shall be entitled to elect at least one (1)member of the Board as long as Declarant holds for sale in the ordinary course of business at least five percent (5%) ofthe Lots on Long Caye. After Declarant relinquishes control of the Association, Declarant may exercise the right tovote with regard to Lots owned by Declarant in the same manner as any other Member, except for purposes ofreacquiring control of the Association or selecting the Majority of the members of the Board of Directors, and the

Declarant shall be a Class A Member entitled to ClassA votes for any Lot which it owns.3.4 Voting Delegates. No Person shall be eligible to serve as a Voting Delegate or an alternate VotingDelegate if any assessment for such Persons Lot is delinquent regardless of the reason.

ARTICLE IV: RIGHTS AND OBLIGATIONS OF THE ASSOCIATION4.1 Common Area. The Association, subject to the rights of the Owners set forth in these Eco-

Guidelines, shall be responsible for the exclusive management and control of the Common Area and all Improvementsthereon (including, without limitation, furnishings, fixtures and equipment related thereto and common landscapedareas), and shall keep it in a good, clean, attractive, and sanitary condition, order, and repair, pursuant to the terms andconditions of these Eco-Guidelines and consistent with the Community -Wide Standard, set forth by the Eco-Guidelines.

4.2 Personal Property and Real Property for Common Use. The Association may acquire, hold, anddispose of tangible and intangible personal property and real property. The Declarant and its designees, with theDeclarants prior written consent, may convey to the Association improved or unimproved real estate, or interests inreal estate located within the Properties, personal property and leasehold and other property interests. The Associationshall have the right to accept or refuse such Properties to serve the best interests of the Association. When accepted,such property shall be accepted by the Association and thereafter shall be maintained by the Association at its expensefor the benefit of its Members, subject to any restrictions set forth in the deed or other instrument transferring suchproperty to the Association. Declarant shall not be required to make any improvements or repairs whatsoever toproperty to be conveyed and accepted pursuant to this Article 5, Section 2, including, without limitation, dredging orotherwise removing silt from any wetland area or lot or other body of water that may be conveyed. Upon writtenrequest of Declarant, the Association shall re-convey to Declarant any portions of the Properties originally conveyed byDeclarant to the Association for no consideration, to the extent conveyed by Declarant in error or needed by Declarantto make adjustments in property lines.

4.3 Enforcement. The Board or any committee established by the Board, with the Boards approval,

may impose sanctions for violation of the Governing Documents after compliance with the notice and hearingprocedures set forth in of the Memorandum. Such sanctions may include, without limitation:

(a) imposing monetary fines which shall constitute a lien upon the Lot of the violator (In the event thatany occupant, guest or invitee of a Lot violates the Governing Documents and a fine is imposed, the fine shall first be


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assessed against the occupant, although a copy of the initial notice may be sent to Owner, provided, however, if the fineis not paid by the occupant within the time period set by the Board, the Owner shall pay the fine and any and allcharges and interest that has accrued thereon upon delivery of either a first or second notice from the Board.);

(b) filing notices of violations in the Public Records providing record notice of any violation of theGoverning Documents;

(c) suspending an Owners right to vote;(d) suspending any persons right to use any facilities within the Common Area; provided however,

nothing herein shall authorize the Board to limit ingress to or egress from a Lot; and(e) suspending any services provided by the Association to an Owner or the Owners Lot if the Owner is

more than thirty (30) Days delinquent in paying any assessment or other charge owed to the Association.In the event that any occupant, guest or invitee of a Lot violates the Governing Documents, the Board or any committeeestablished by the Board, with the Boards approval, may sanction such occupant, guest or invitee and/or the Owner ofthe Lot, which the violator is occupying or visiting.In addition, the Board, or the covenants committee, if established, may elect to enforce any provision of the GoverningDocuments by exercising self-help (specifically including, but not limited to, the filing of liens in the Public Recordsfor non-payment of assessments and other charges, the removal of pets that are in violation of pet rules, or thecorrection of any maintenance, construction or other violation of the Governing Documents) without the necessity ofcompliance with the procedures set forth in the Memorandum. The Association may levy a Specific Assessment tocover all costs and other charges and fees incurred in bringing a Lot into compliance with the Governing Documents.

The Association may also elect to enforce any provisions of the Governing Documents by suit at law or in

equity to enjoin any violation or to recover monetary damages or both without the necessity of compliance with theprocedures set forth in the Memorandum.

All remedies set forth in these Eco-Guidelines and the Memorandum shall be cumulative of any remediesavailable at law or in equity. In any action or remedy taken by the Association to enforce the provisions of theGoverning Documents, if the Association prevails, it shall be entitled to recover all costs, including, without limitation,attorneys fees and disbursements and court costs, reasonably incurred in such action, whether suit is filed or not and

throughout appeals.The Association shall not be obligated to take action to enforce any covenant, restriction, or rule which the

Board in the exercise of its business judgment determines is, or is likely to be construed as, inconsistent with applicablelaw, or in any case in which the Board reasonably determines that the Associations position is not strong enough tojustify taking enforcement action. Any such determination shall not be construed as a waiver of the right of theAssociation to enforce such provision under any circumstances or prevent the Association from enforcing any othercovenant, restriction or rule.

The Association, by contract or other agreement, may enforce Belize District or Federal ordinances, ifapplicable, and permit local and other governments to enforce ordinances on the Properties for the benefit of theAssociation and its Members.

4.4 Implied Rights; Board Authority. The Association or Declarant may exercise any right or privilegegiven to it expressly by these Eco-Guidelines or the Memorandum, or reasonably implied from or reasonably necessaryto effectuate any such right or privilege. Except as otherwise specifically provided in these Eco-Guidelines, theMemorandum, the Articles, or by law, all rights and powers of the Association may be exercised by the Board withouta vote of the membership.

4.5 Indemnification. The Association shall release, defend, indemnify and hold every officer anddirector of the Declarant and Association, ERB members, and committee members of the Association harmless fromand against all damages, liabilities, and expenses, including attorneys fees and disbursements incurred in connectionwith any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Boardof Directors) to which he or she may be a party by reason of being or having been an officer, director, ERB member or

committee member, except that such obligation to indemnify shall be limited to those actions for which liability islimited under this Article 4, Section 5, the Articles of Incorporation and Belize law.Said officers, directors, ERB members and committee members shall not be liable for any mistake of

judgment, negligent or otherwise, except for their own individual willful misfeasance, willful malfeasance, willfulmisconduct, or willful bad faith. Said officers, directors, ERB members, and committee members shall have nopersonal liability with respect to any contract or other commitment made or action taken in good faith on behalf of theAssociation (except to the extent that such officers, directors, ERB members or committee members may also beMembers of the Association). The Association shall release, defend, indemnify and forever hold each such officer,director, ERB member and committee member harmless from and against any and all liability to others on account ofany such contract, commitment or action. This right to indemnification shall not be exclusive of any other rights towhich any present or former officer, director, ERB member or committee member may be entitled. The Associationshall, as a Common Expense, maintain adequate general liability and officers and directors liability insurance to fund

this obligation, if such insurance is reasonably available.Each Lot Owner acknowledges that their parcel has been purchased as is including water table and tidal

changes, including, but not limited to, a constant presence of water on all or a portion of the Lot(s). Purchaser agrees torelease, defend, indemnify and hold Declarant, its officers, directors and employees harmless from and against any andall claims, demands, damages, costs and expenses of whatsoever nature or kind, including attorney's fees and costs,arising from any matter relating to the development of Long Caye at Lighthouse Reef by Pleasure Island Limited,including, without limitation, water level fluctuations of all Wetlands and other causes out of the control of Declarant.

4.7 Dedication of or Grant of Easements on Common Area. The Association may dedicate or granteasements across portions of the Common Area to Belize or to any other local governmental or quasi-governmentalentity.

4.8 Security. Each Owner and occupant of a Lot, and their respective guests and invitees, shall beresponsible for their own personal safety and the security of their (personal, real and mixed) property in the Properties.The Association may, but shall not be obligated to, maintain or support certain activities within the Properties designedto make the Properties safer than they otherwise might be. NEITHER THE ASSOCIATION, THE DECLARANT,NOR ANY SUCCESSOR DECLARANT SHALL IN ANY WAY BE CONSIDERED INSURERS OR

GUARANTORS OF SECURITY WITHIN THE PROPERTIES, HOWEVER, AND NEITHER THE ASSOCIATION,THE DECLARANT, NOR ANY SUCCESSOR DECLARANT SHALL BE HELD LIABLE FOR ANY LOSS OR


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(vii) such other action that the Board shall deem advisable with respect to the Propertiesas may be permitted hereunder or under law.

The Association may, as a Common Expense, maintain other property and improvements which it does not own,including, without limitation, property dedicated to the public, or provide maintenance or services related to suchproperty over and above the level being provided by the property owner, if the Board of Directors determines that suchmaintenance is necessary or desirable to maintain the Community-Wide Standard.

(c) The Association may be relieved of all or any portion of its maintenance responsibilities herein to theextent that (i) such maintenance responsibility is otherwise assumed by or assigned to an Owner or (ii) such property isdedicated to any local or national government or quasi-governmental entity; provided however, that in connection withsuch assumption, assignment or dedication, the Association may reserve or assume the right or obligation to continue toperform all or any portion of its maintenance responsibilities, if the Board determines that such maintenance isnecessary or desirable to maintain the Community-Wide Standard.

Except as provided above, the Area of Common Responsibility shall not be reduced by amendment of thisDeclaration or any other means during the Development Period except with the written consent of the Declarant.

(d) Except as otherwise specifically provided herein, all costs associated with maintenance, repair andreplacement of the Area of Common Responsibility shall be a Common Expense to be allocated among all Lots as partof the General Assessment, without prejudice to the right of the Association to seek reimbursement from the owner(s)of, or other Persons responsible for, certain portions of the Area of Common Responsibility pursuant to the GoverningDocuments, any recorded covenants, or any agreements with the owner(s) thereof. Notwithstanding the foregoing, theBoard may, within its sole discretion, allocate the expense of maintenance, repair, and replacement, which benefits one

(1) or more, but less than all Lots, as a Special Assessment in accordance with the benefit so received by such Lots,pursuant to Section 4 of Article 8.

5.2 Owners Responsibility.(a) General. Each Owner shall maintain his or her Lot, and all structures, composing toilets and bins,

any portion of the Wetlands, as applicable, landscaping and other flora, and other improvements comprising the Lot ina manner consistent with the Community-Wide Standard and all Governing Documents, unless such maintenanceresponsibility is otherwise assumed by or assigned to the Association.

(b) Enforcement of Maintenance of Responsibilities. In addition to any other enforcement rights, if anOwner fails properly to perform his or her maintenance responsibility, the Association may perform such maintenanceresponsibilities and assess all costs incurred by the Association plus an administrative charge equal to ten percent(10%) of such costs against the Lot and the Owner in accordance with this Declaration. The Association shall affordthe Owner reasonable notice and an opportunity to cure the problem prior to entry, except when entry is required due toan emergency situation.

5.3 Standard of Performance. Unless otherwise specifically provided herein or in other instrumentscreating and assigning such maintenance responsibility, responsibility for maintenance shall include responsibility forrepair and replacement, as necessary. All maintenance shall be performed in a manner consistent with theCommunity-Wide Standard and all Governing Documents. Neither the Association nor any Owner shall be liable forany damage or injury occurring on, or arising out of the condition of, property which such Person does not own exceptto the extent that it has been negligent in the performance of its maintenance responsibilities.

5.4 Cost Sharing Agreements. Adjacent to or in the vicinity of the Properties, there may be certainresidential, nonresidential or recreational areas, including, without limitation, retail, commercial, or business areas,which are not subject to this Declaration, and which are neither Lots nor Common Area as defined in this Declaration(hereinafter Adjacent Properties). The owners of such Adjacent Properties shall not be Members of the Association,

shall not be entitled to vote, and shall not be subject to assessment under this Declaration.The Association may enter into Cost Sharing Agreements with the owners or operators of portions of the AdjacentProperties:

(a) to obligate the owners or operators of such Adjacent Properties to share in certain costs associatedwith the maintenance, repair, replacement and insuring of portions of the Area of Common Responsibility, if any,which is used by or benefit jointly the owners or operators of such Adjacent Properties and the owners within theProperties;

(b) to permit use of any recreational and other facilities located on such Adjacent Properties by theOwners of all Lots;

(c) to obligate the Association to share in certain costs associated with the maintenance, repair,replacement and insuring of portions of such Adjacent Properties, if any, which are used by or benefit jointly theowners or operators of such Adjacent Properties and the Owners within the Properties; and/or

(d) to establish rules and regulations regarding the use of the areas that benefits jointly the owners oroperators of such Adjacent Properties and the Owners within the Properties.The owners or operators of such Adjacent Properties shall be subject to assessment by the Association only inaccordance with the provisions of such Cost Sharing Agreement(s). If the Association is obligated to share costsincurred by the owners of such Adjacent Properties, such payments by the Association shall constitute CommonExpenses of the Association. The owners or operators of the Adjacent Properties shall not be subject to the restrictionscontained in these Eco-Guidelines except as otherwise specifically provided herein.

ARTICLE VI: ANNEXATION AND WITHDRAWAL OF PROPERTY6.1 Annexation by Declarant. Until twenty (20) years after the recording of this Declaration in the

Public Records, Declarant may from time to time at any time unilaterally subject to the provisions of these Eco-Guidelines annex all or any portion of any additional land or island, whether located on Long Caye, Belize, orotherwise, and may subject such annexed property to these Eco-Guidelines. The Declarant may transfer or assign thisright to annex property, provided that the transferee or assignee is the developer or owner of at least a portion of thereal property described in Exhibits A or B and that such transfer is memorialized in a written, recorded instrumentexecuted by Declarant.

Such annexation shall be accomplished by filing a Supplemental Declaration in the Public Records describingthe property being annexed. Such Supplemental Declaration shall not require the consent of Members, but shall require

the consent of the owner of such property, if other than Declarant. Any such annexation shall be effective upon thefiling of record such Supplemental Declaration unless otherwise provided therein. Upon addition of any property to the


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scheme of these Eco-Guidelines, the term Properties as defined herein shall be amended and be deemed to includesuch Additional Property and the owners of such Additional Property shall become subject to the GoverningDocuments and the provisions thereof, including, without limitation, assessment by the Association for their pro ratashare of the Associations Common Expenses.

Nothing in this Declaration shall be construed to require the Declarant or any successor to annex or developany of the Additional Property in any manner whatsoever.

6.2 Annexation by Membership. The Association may annex any real property to the provisions ofthese Eco-Guidelines with the consent of the owner of such property, the affirmative vote of Members holding aMajority of the Class A votes or Voting Delegates representing a majority of the total ClassA, whichever the casemay be, of the Association represented at a meeting duly called for such purpose, and, during the Development Period,the affirmative vote or the written consent of the Declarant.

6.3 Withdrawal of Property. The Declarant reserves the right to amend this Declaration during theDevelopment Period, for the purpose of removing any portion of the Properties from the coverage of these Eco -Guidelines. Such amendment shall not require the consent of any Person other than the Owner of the property to bewithdrawn, if not the Declarant. If the property is Common Area, the Association shall consent to such withdrawal.

6.4 Additional Covenants and Easements. The Declarant may unilaterally subject any portion of theProperties to additional covenants and easements, including covenants obligating the Association and/or Lot Owners tomaintain and insure such property on behalf of the Owners and obligating such Owners to pay the costs incurred by theAssociation or such Lots Owners, as applicable, through Special Assessments or otherwise, as the case may be. Suchadditional covenants and easements shall be set forth in a Supplemental Declaration filed either concurrently with or

after the annexation of the subject property, and shall require the written consent of the owner(s) of such property, ifother than the Declarant. Any such Supplemental Declaration may supplement, create exceptions to, or otherwisemodify the terms of these Eco-Guidelines as it applies to the subject property in order to reflect the different characterand intended use of such property.

6.5 Amendment. This Article 6 shall not be amended during the Development Period without the priorwritten consent of Declarant.

ARTICLE VII. ESTABLISHMENT OF THE ENVIRONMENTAL REVIEW BOARD (ERB).

7.1 GeneralNo Lot shall be cleared and no exterior structure or Improvement, as described below, shall be placed, erected,

installed or made upon any Lot or adjacent to any Lot where the purpose of the structure is to serve as or service suchLot except in compliance with this Article, and with the prior written approval of the appropriate reviewing body underthis Article, unless exempted from the application and approval requirements pursuant to this Article.

A residential designer, or an architect shall design all dwellings constructed on any portion of the Propertiesand they shall be built in accordance with the plans and specifications sealed by an licensed architect (or similarlyqualified professional) approved by the ERB. In addition to first being approved by the Declarant, Association and/orERB, dwellings shall be built in accordance with plans and specifications approved by the Central Building Authority.

This Article shall not apply to the activities of Declarant or Pleasure Island Limited or its successors orassigns, or to Improvements to the Common Area made by or on behalf of Declarant / Pleasure Island Limited or itssuccessors or assigns. This Article may not be amended during the Development Period without Declarant / PleasureIsland Limiteds or its successors or assigns written consent, which may be withheld or denied in Declarant / PleasureIsland Limiteds sole discretion.

7.2 Architectural ReviewResponsibility for administration of the Design Guidelines and review of all applications for

construction and modifications to insure that such plans are consistent with the environmental (and other construction)standards under these Eco-Guidelines and this Article shall be handled by the reviewing bodies described below, the

members of which need not be Members of the Association or representatives of Members, and may, but need not,include architects, landscape architects, engineers or similar professionals, whose compensation, if any, shall beestablished at any time and from time to time by the ERB. The reviewing bodies may establish and charge reasonablefees for review of applications hereunder and may require such fees to be paid in full prior to review of any application.Such fees may include the reasonable costs incurred in having any application reviewed by architects, engineers orother professionals.

(a) Environmental Review Board. The ERB shall consist of at least one (1), but no more thanfive (5) Persons and shall have exclusive jurisdiction over all construction on any portion of the Properties.Until one hundred percent (100%) of the Properties have been developed and conveyed to Owners other thanBuilders and the Declarant and initial construction on each Lot has been completed in accordance with theDesign Guidelines, the Declarant retains the right to appoint all members of the ERB who shall serve at theDeclarants discretion. There shall be no surrender of this right prior to that time except in a writteninstrument in recordable form executed by Declarant. Upon the expiration or surrender of such right, theBoard shall appoint the members of the ERB, who shall thereafter serve and may be removed in th e Boardsdiscretion.

(c) Architect and Contractor Approval. In order to ensure that appropriate standards ofconstruction and other work are maintained throughout the Properties, all architects, builders and othercontractors must be approved by the ERB prior to engaging in any construction and other contractingactivities. The ERB shall implement an approval process utilizing established criteria and requiring thesubmission of a written application for approval. Approval of architects, builders and contractors may not beconstrued as a recommendation of a specific architect or contractor by the ERB or the Declarant, nor aguarantee or endorsement of the work of such architect, builder or contractor. Once approved (unless suchapproval is withdrawn by the ERB), an approved architect, builder or contractor shall not be required to re-submit or re-apply to the approval process.

7.3 Guidelines and Procedures(a) Design Guidelines. The Declarant shall determine the Design Guidelines for the Properties. TheDesign Guidelines may contain general provisions applicable to all of the Properties, as well as specific

provisions which vary according to land use and from one (1) portion of the Properties to another dependingupon the location, unique characteristics, and intended use. For example, by way of illustration but not


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limitation, the Design Guidelines may impose stricter requirements on those portions of the Propertiesadjacent to or visible from any Wetlands. The Design Guidelines are intended to provide guidance to Ownersand Builders regarding matters of particular concern to the reviewing bodies in considering applicationshereunder as well as to create practices for the highest standard of self-sustainability and healthy continuanceof Long Caye. The Design Guidelines are not the exclusive basis for decisions of the reviewing bodies andcompliance with the Design Guidelines does not guarantee approval of any application.

The ERB shall have sole and full authority to amend the Design Guidelines. Any amendments to theDesign Guidelines shall be prospective only and shall not require modifications to or removal of structures orImprovements previously approved; provided that, the approved construction or modification has commenced.There shall be no limitation on the scope of amendments to the Design Guidelines; the ERB is expresslyauthorized to amend the Design Guidelines to remove requirements previously imposed or otherwise to makethe Design Guidelines less restrictive. The ERB shall make the Design Guidelines available to Owners andBuilders who seek to engage in development or construction within the Properties.

The ERB may promulgate detailed procedures and standards governing its area of responsibility,consistent with those set forth in the Design Guidelines. Any architectural guidelines and standards adoptedby the ERB may be more restrictive than the Design Guidelines, but under no circumstances shall they beinconsistent with the Design Guidelines.(b) Procedures.

1. Submission Package. The Submission Package should include a cover letter fromthe Applicant, any appropriate fee and the item(s) for review. All packages are to

be submitted in duplicate form. Drawings must be submitted in English and unit ofmeasure must be in feet and inches. Minimum scale requested for drawings is 1/4= 1. There are three (3) Categories of Review:

2. Survey of site3. Site Plan Must show position of building on parcel with roof dimensions,

setbacks and material specifications. Must show North position.4. Architectural Plansincluding:5. Floor PlanMust show interior dimensions (net area for each room) and exterior

dimensions. Commercial buildings must show location and description ofcommercial space and housing, if applicable. Create chart showing:(A) Gross area of building (based on outside dimensions).(B) Sum of the veranda, stair and platform areas (and all other areas notconsidered part of the living or commercial area).

(c) Sum of items (a) and (b) immediately above is considered total buildingarea.

ii. SectionsAt least one section of the building illustrating highest point of buildingwith dimensions from ground to top of roof and material specification.iii. ElevationsFront and side.iv. Floor Framing System.v. Roof Framing System.vi. Electrical Plan.vii. Plumbing Plan, including details of wastewater and graywater treatment systems.viii. Exterior Colors and Materials.ix. Construction time scheduleProject timeline

The Submission Package for Final Approval must include the final drawings as intended to be submitted to the

Government of Belize. Each Submission Package must include a Review Application and be complete, (i.e.all criteria pertinent to that Category of Review must be included or otherwise referenced, in order to receiveFinal Approval). The criteria are detailed further in these Eco-Guidelines below in the Section entitled"Review Criteria." All Categories of Review should be submitted simultaneously.(c) Review Fees - There is a two hundred dollar (US$200.00) review fee, which may be changed at anytime and from time to time without notice, that includes preliminary and final review for all review categorysubmissions. This must be included as part of the initial Submission Package. The fee for reviewing arevision to a previously approved plan is one hundred dollars (US$100.00). There is an additional onehundred dollar (US$100.00) fee charged to review any Submission Package that has been previously deniedby the ERB for reasons pertaining to lack of adherence to the review criteria for that Category of Review.(d) Deadline - Deadline for receipt of a submission package by the ERB is 11:00 a.m. on the first day ofeach month. Contact the ERB by email at [email protected] for time and dates for planned meetings.(e) Plan Review - The ERB reviews all submission packages within a timely manner of submission of acomplete Submission Package, which includes the required fees, unless designated otherwise. The responsemay be mailed upon request. The response consists of one set of appropriately stamped items and the ERBdecision letter. Applicants are encouraged to submit items in a conceptual or preliminary state when there arequestionable review items, as such submissions could avoid costly resubmission and/or delays later in thereview process.(f) Revised Plans - Revisions to any Final Approval item(s) must be submitted for approval accordingto the above-described procedures. Revision fee due on submission of revisions is specified above.(g) Variances - The ERB may authorize variances from compliance with any of its guidelines andprocedures when circumstances such as topography, natural obstructions, hardship, or aesthetic orenvironmental considerations require, but only in accordance with duly adopted rules and regulations. Suchvariances may only be granted, however, when unique circumstances dictate and no variance shall (a) beeffective unless in writing; (b) be contrary to this document; or (c) prevent the ERB from denying a variancein other circumstances. For purposes of this Section, the inability to obtain approval of any governmentalagency, the issuance of any permit, or the terms of any financing shall not be considered a hardship warranting

a variance.


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(h) Withdrawal - In the event a submission is unqualified for ERB review, the Applicant may withdrawthe submission and any review fee returned upon request.(i) Appeal - In the event an appeal is desired of a Denial decision, under this document, an Applicantmay request a re-review of submitted plans. The ERB will make its decision within thirty (30) days of itsmeeting; provided that, a complete Submission Package was initially delivered to the ERB and that all feesrequired for said review have been paid and in-full.(j) Remedies - Pleasure Island Limited / Declarant, any member of the ERB, or the Board, or therepresentatives of each shall have the right, during reasonable hours and after reasonable notice, to enter uponany Lot to inspect for the purpose of ascertaining whether any structure or Improvement is in violation of thisArticle or these Eco-Guidelines. Any structure, Improvement and/or landscaping placed upon or made inviolation of this Article shall be deemed to be nonconforming. Upon written request from the ERB, Ownersshall, at their own cost and expense, remove such structure or Improvement and restore the property tosubstantially the same condition as existed prior to the nonconforming work. Should an Owner fail to removeand restore the property, as required, any authorized agent of the Declarant /PIL, the ERB, or the Board shallhave the right, but not the obligation, to enter onto and over the property, remove the violation, and restore theproperty to substantially the same condition as previously existed. Entry for such purposes and in compliancewith this Section shall not constitute a trespass. In addition, the Board may enforce the decision of theDeclarant/PIL, and/or the ERB by any means of enforcement described herein. All costs plus anadministrative fee equal to ten percent (10%) of such costs, together with the interest at the maximum ratethen allowed by law, may be assessed against the affected/benefited Lot and collected from the Lot Owner.

Unless otherwise specified in writing by the applicable reviewing body granting approval, allapprovals granted hereunder shall be deemed conditioned upon completion of all elements of the approvedwork and all work previously approved with respect to the Lot, unless approval to modify any application hasbeen obtained. If, after commencement, any Person fails to diligently pursue to completion all approved work,the Declarant or the Association shall be authorized, after notice to the Owner of the Lot and an opportunity tobe heard in accordance with the Memorandum, to enter upon the Lot and remove or complete any incompletework and to assess all costs plus an administrative fee equal to ten percent (10%) of such costs incurredagainst the Lot and the Owner thereof as an Assessment. A typical house must not take more than 6-8 monthsto complete construction and related site cleanup.

Neither the ERB, or any member of the foregoing nor the Association, the Declarant, or theirmembers, officers or directors shall be held liable to any Person for exercising the rights granted by thisArticle. Any contractor, subcontractor, agent, employee, or other invitee of an Owner who fails to complywith the terms and provisions of this Article or these Eco-Guidelines may be excluded by the ERB from the

Properties, subject to the notice and hearing procedures contained in the Memorandum.In addition to the foregoing, the Association shall have the authority and standing to pursue any and

all legal and equitable remedies available to enforce the provisions of this Article and the decisions of theERB.(k) Completion of Construction: Certification; Survey; Inspection - The building or Improvements shallnot be used or, it shall not be occupied until such time as (1) the ERB receives notice of completion from theLot Owner or his or her agent certifying that all construction and improvements comply with plans andspecifications, as previously approved by the ERB, prepared as required by ERB regulations, showing allconstruction and Improvements were built in accordance with plans and specifications previously approved bythe ERB; (2) the ERB approved same for compliance with plans and specifications as previously approved bythe ERB(l) Architect and General Contractor Approval - In order to ensure that appropriate standards ofconstruction are maintained throughout the Properties, all architects, builders and general contractors must be

approved by the ERB prior to engaging in any construction activities. The ERB shall implement an approvalprocess utilizing established criteria and requiring the submission of a written application for approval.Approval of architects, builders and contractors may not be construed as a recommendation of a specificarchitect or contractor by the ERB or Pleasure Island Limited / Declarant, nor a guarantee or endorsement ofthe work of such architect, builder or contractor. Once approved (unless such approval is withdrawn by theERB), an approved architect, builder or contractor shall not be required to re-submit to the approval process.

In reviewing each submission, the reviewing body may consider the quality of workmanship anddesign, harmony of external design with existing structures, and location in relation to surrounding structures,topography, and finish grade elevation, among other considerations. Decisions may be based solely onaesthetic considerations. Each Owner acknowledges that opinions on aesthetic matters are subjective and mayvary over time. In addition, each Owner acknowledges that, as the developer of the Properties, Declarant hasa substantial interest in ensuring that all structures and Improvements within the Properties enhanceDeclarants reputation as a community developer and do not impair Declarants ability to market, sell or lease

any portion of the Properties or any of the Adjacent Properties. Therefore, each Owner agrees that, during theperiod that the Declarant has the right to appoint the members of the ERB, the ERB shall be acting solely inDeclarants interest and shall owe no duty to any other Person.

In the event that the ERB fails to approve or to disapprove any complete application within a timelymanner after submission of all information and materials reasonably requested, the application shall bedeemed approved. However, no approval, whether expressly granted or deemed granted pursuant to theforegoing, shall be inconsistent with the Design Guidelines unless a variance has been granted in writing bythe ERB pursuant to these Eco-Guidelines.

Notwithstanding the above, the ERB by resolution may exempt certain activities from the applicationand approval requirements of this Article, provided such activities are undertaken in strict compliance with therequirements of such resolution.

Nothing contained herein shall be construed to limit the right of an Owner to remodel the interior oftheir Lot, or to paint the interior of her dwelling any color desired; provided, modifications or alterations to theinterior of screened porches, patios and similar portions of a Lot visible from outside the Lot shall be subject

to approval hereunder.7.4 Specific Guidelines and Restrictions.


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(a) Exterior Structures and Improvements. Exterior structures and Improvements shall include, but shallnot be limited to, staking, clearing, excavation, grading and other site work; initial construction of anydwelling or accessory building; exterior alteration of existing Improvements; clotheslines; garbage cans; woodpiles; swimming pools; docks, piers or boathouses; gazebos or playhouses; water supply and collectionsystems; lighting fixtures; window air-conditioning units or fans; shutters or awnings; hot tubs; solar panels;antennas; satellite dishes or any other apparatus for the transmission or reception of television, radio, satellite,or other signals of any kind; hedges, walls, , or fences of any kind, artificial vegetation or sculpture; andplanting or removal of landscaping materials. Notwithstanding the foregoing, the Declarant shall regulateantennas, satellite dishes, or any other apparatus for the transmission or reception of television, radio, satelliteor other signals of any kind. Setbacks established in these guidelines must ensure compliance with CentralBuilding Authority standards.(b) In addition to the foregoing activities requiring prior written approval, the following items are strictlyregulated, and the reviewing body shall have the right, in its sole discretion, to prohibit or restrict these itemswithin the Properties. Each Owner must strictly comply with the terms of this Article VII, Section 4(b), unlessapproval or waiver in writing is obtained from the appropriate reviewing body. The ERB has adopted specificguidelines or review criteria as part of the Design Guidelines or rules and regulations that address thefollowing items.

(1) Utilitiesi. Energy Plan

(A) Solar power shall be the primary source of energy on Long Caye.

Low decibel generators may be used only for emergency backup power.All power systems must be specifically approved in writing by the ERB.(B) The use of a gauge is encouraged to monitor available energy inthe battery, and which should indicate when batteries are full.(C) The use of a voltmeter is encouraged to allow Lot Owners toadjust solar panels to the optimum angle to the sun.(D) The use of an occupancy sensor is encouraged to minimizeenergy use when the Lot is not occupied.(E) For ventilation and cooling, passive and neutral techniquesshould be used.(F) All power transformers and other utility service equipment are to

be shielded by enclosures of wood, masonry or landscaping asapproved by the ERB

(v) Approval - All Utility Plans must be submitted to ERB for written approvalprior to installation.

(ii) Water Supply and Collection Dwelling, structures and homes must havecisterns, bladders or water catchment and holding systems, which store rainwater collected.Any use of ground water or seawaterfor production of potable water, such as reverseosmosis or other filtering or purification water treatment system may be used only uponapproval by the ERB. The ERB may refuse any lot owner the use of such a system, based onthe size of a lot, the location of a lot, the surrounding lot owners usages of such systems,

and/or the impact upon the environment.(iii) Waste

(A) Composting Toilets - Human waste must be treated withcomposting toilets. Septic tanks, cesspools and sewers are prohibited.

(B) Gray water (showers, sinks, etc.) - All Gray water must betreated, and all dwellings and buildings must have an approved gray watertreatment system. All gray water treatment plans must be submitted tothe ERB for written approval.(C) Food Waste - Food waste must be disposed of in compostingbins.(D) All Lot Owners must participate in the Recycling andReclamation Program. They must have composting bins for food waste,paper products and any other compostable materials, along with recyclingbins for crushed metal cans, glass and plastic bottles and/or containers.Lot Owners must take recyclable materials to designated waste collectionsites on the Properties. Batteries must be disposed of properly, in anenvironmentally safe manner.

(iv) Lighting fixtures(A) Internal dwelling lighting may be low or high voltage.(B) Exterior lighting shall be low intensity and directed downward orreflected with cut off angles, or set back from the beach, where applicable,so as to not be directly visible or disturbing to the wildlife.

(vi) All consumable goods or products, including, but not limited to, bathingproducts, cleaning solutions, cleaning products, cleaning supplies, household paperproducts and sunscreen must be biodegradable.

(2) Survey-- The ERB reserves the right to request a survey of any questionable itemduring construction of the dwelling.

(3) Site Plani. Setbacks

(A) All setbacks shall be subject to and comply with documentation

herein, and shall be measured from the appropriate Lot line. Dimensionsfrom the Lot line for any structural elements (e.g. structures, screened


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enclosures, porches, walls, equipment, accessory structure, garage, etc.)must be shown. The ERB may modify, amend or waive setbackrequirements in accordance with this document.(B) Minimum front yard, rear yard and side yard setbacks fordwellings, patios, porches, decks, garages, buildings and screenedenclosures is ten (10) feet.(C) Minimum side yard setback for equipment, trash containers andother similar utilitarian devices is ten (10) feet. Such items must belandscaped from view such that they are not visible to any pedestrians.(D) No equipment is permitted outside the footprint of the dwelling .

ii. Grade Elevations(A) The site plan must show the minimum lowest, finished floor

elevation, according to the definition in these Eco Guidelines.The reference benchmark for Long Caye shall established 8 feetabove sea level at high tide, the first floor of each dwelling mustbe a minimum of 4 feet above the ground where it is located, andthe finished floor elevation shall be referenced back to theestablished reference benchmark and the submittal must reflectthat height reference.

iii. Residential and Commercial Graphics(A) No sign of any kind shall be erected or placed upon any Lot or

the Properties (as further clarified below) by an Owner oroccupant (except Pleasure Island Limited or its designee) withoutthe prior written consent of the ERB, except such signs as may berequired by legal proceedings. Unless in compliance with thisSection, no signs shall be posted or erected by any Owner oroccupancy within any portion of the Properties, including theCommon Area, any Lot, any structure or dwelling located on theCommon Area or any Lot (if such sign would be visible from theexterior of such structure or dwelling as determined in thereviewing bodys sole discretion).

(B) Declarant and the ERB reserve the right to adopt additional

restrictions with respect to the size, content, color, lettering,design and placement of any approved signs. All signs must beprofessionally prepared. This provision shall not apply to entry,directional, or other signs installed by Declarant or its dulyauthorized agent as may be necessary or convenient for themarketing and development of the Properties.

iv. Fences and Walls(A) The design, materials and height of any wall and/or fence must be

shown, either on the site plan or by separate drawing.(B) Privacy walls and fences, as defined herein, must not exceed six

(6) feet in height, except for a privacy wall enveloping a cistern,which may not exceed twelve (12) feet in height.

(C) No wall or fence may obstruct the drainage or the flow of water.

(D) Any combination of landscaping and fence or wall elements mustbe approved by the ERB in its sole discretion, to create an effectsimilar to a wall or fence. The appropriate ERB provisions forwall and fences will apply in such instance.

(E) Chain link fences are prohibited.v. Accessory Dwellings and Structures

(A) Any accessory structure, as defined herein, must be detailed onthe site plan and specifically approved by the ERB

(B) Aerials, antennae and satellite dishes are acceptable as approvedby ERB regulations.

(C) No accessory buildings of any kind are permitted on theProperties unless otherwise approved by the ERB.

vi. Swimming Pools, Hot Tubs, Whirlpools, Etc.(A) In ground swimming pools, hot tubs, whirlpools, etc. are

prohibited on Long Caye. Above-ground swimming pools, hottubs, whirlpools, etc. are permitted where they do not materiallydisturb the natural habits or natural water flow, as approved bythe ERB.

vii. Garbage and Trash Containers; Sanitary Structures(A) During the construction period of a residence, a constructioncontainer, and/or other approved containers are required on-site. Suchcontainers or composting toilets are to be located so as to provideminimum visual off-site exposure. Construction debris is to be removedfrom Long Caye frequently to avoid offense or nuisance to neighbors andmust be disposed of at an appropriate disposal site on mainland Belize atLot Owners or contractors sole expense.(B) A wall, fence or adequate landscaping must conceal residential

garbage containers and/or compost bins.(4) Architectural Plans


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(A) Building Sizei. On a Residential Lot, construction of a two-story dwelling may beallowed. The building footprint may not exceed twenty percent (20%) of the grossLot square footage (e.g. Lot size is 50' X 100' = 5,000 square feet, dwelling maynot exceed 1,000 square feet per story). Square footage measurements shall includethe exterior walls. All square footage measurements shall be exclusive of porches,decks or patios.ii. On a commercial parcel, construction of a structure may not exceed fiftypercent (50%) of the gross Lot square footage (e.g. Lot size is 50' X 100' = 5,000square feet, dwelling may not exceed 2,500 square feet). Square footagemeasurements shall include the exterior walls. All square footage measurementsshall be exclusive of porches, decks or patios.iii. Lot Owners having multiple parcels, each contiguous, may construct adwelling or structure, as the case may be, using the same calculation as above;however, multiple parcel square footage may be combined in the calculation of asingle dwellings or structures, as applicable, total square footage.iv. Dwellings constructed on Long Caye Residential and Commercial lotsmay be two-stories, but must conform to height restrictions listed below.v. Improvements such as porches, decks, patios, holding tanks for waterstorage, storerooms and other structures outside of the building footprint may not

exceed ten percent (10%) of the total Lot size. This 10% calculation shall beconsidered in addition to and not in lieu of the 20% residential dwelling or 50%commercial building calculations.vi. Floor Plan drawings must use a minimum scale of 1/4" = 1'.

(B) Elevationsi. All dwellings are to be erected on stilt or post construction having aminimum height of 8 feet above sea level, and are allowed two stories with roofdeckslope of roof may vary.ii. The height of any residential or commercial dwelling or structure is not tobe more than thirty feet (30) from the existing grade within the building footprint.If a roof deck is the highest point of the building structure a 48 open lattice orscreen handrail must be installed. Where a roof decks is present, no loose furnitureor other objects may be left out when the deck is not occupied. All roof deck

features and furniture must be built-in so as not to create a safety hazard. . Theappropriate terms for height calculation are herein.iii. Elevation drawings must use a minimum scale of 1/4" = 1'.

(C) Roofs - Roofs should be designed to catch rainwater with drainage to a cistern orbladder. Roofs are to be constructed with overhangs to protect dwellings or structures, asthe case may be, from mid-day sun.

i. The minimum roof slope is a 1/4 to every 1 of roof. These surfaces musthave minimum slope in order to facilitate rainwater collection.ii. Rooftop solar collectors, as approved by the ERB; engineering drawings,including, for example, reference to ventilators may be used if the roof vents arelow profile, blending into the roof materials.iii. Plumbing and heating vents protruding from any roof area are to bepainted so as to blend into the roofing color. Electrically powered ventilators may

be used if the roof vents are low profile, blending into the roofing materials.iv. Asphalt and gravel built up roofing on pitched surfaces and asphaltcomposition shingles are prohibited.v. Roof plan must use a minimum scale of 1/4" = 1'.

(D) Garages, Carports, Automobiles and Golf Cartsi. Garages may be used to store golf carts.ii. Carports are prohibited.iii. Automobiles are prohibited.iv. Residential Lot Owners are only permitted electric powered golf carts.v. Commercial Lot Owners may use electric golf carts.vi Only the Association may have on-caye vehicles other than electric golfcarts (Fossil fuel powered vehicles such as tractors, ATVs and other

contruction/commercial use related vehicles may be used for be made for buildingand Contractors and other necessary services only).vii ERB must approve all vehicles used on Long Caye

(E) Exterior Colors, Materials and Screeningi. Exterior Colors

a. All colors are to be approved by the ERB, as the case may be.The ERB reserves the right to review any other item that may affect theexterior appearance of a dwelling or structure.b. The ERB will consider the aesthetic harmony of the colorschedule with the surrounding area.

ii. Exterior Materialsa. Imitation materials for facades are acceptable as long as they arearchitecturally integrated with dwelling design and approved by the ERB.b. Native materials (i.e. trees native to Belize) or renewable areencouraged.

(F) Landscape, Irrigation and Exterior Lightingi. Tree and Shrub Trimming and Removal


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a. No trees will be cut or removed or transplanted from the OwnersParcel or any other Private Parcel, Common Area, Preserve, or any otherportion of the Caye without approval of the ERB. No trees will be cut orremoved beyond what shall be necessary to clear the Lot for constructionof a residential or commercial dwelling or structure without ERBapproval. Trimming and/or pruning are acceptable only with ERBapproval.

ii. Landscape Materialsa. If additional landscape materials are desired they must bespecifically approved by the ERB. A list of additional landscapingmaterials must be submitted to the ERB in writing.b. No trees will be cut or removed without approval of the ERB. Ifa tree is removed, the Owner will replace it with another tree acceptable tothe ERB on another portion of the Lot or Properties, or the ERB, in its solediscretion, may approve non-replacement.c. Final Approval of all landscape material will include (and if not,it shall be deemed to include) the reservation of the ERBs right to inspect

the plantings during the six (6) month period following the completion ofthe landscape installation.

(G) Exterior Lighting

i. Outdoor lighting must be located so that it does not interfere with orbecome a nuisance to other residents or wildlife (e.g. no exterior lights during turtlenesting season).ii. The light source of any exterior light must be shielded from public view.iii. The ERB reserves the right to enforce lighting provisions from aestheticsand an environmental standpoint after the construction of the residence or structureis completed.

(H) Sight Distance at Intersections - All property located at street intersections oraccess easement intersections shall be landscaped and improved so as to permit safesight across such areas. No fence, wall, hedge or shrub shall be placed or permittedto remain where it would cause a traffic or sight problem. The Design Guidelinesmay include additional sight line limitations.

(I) Definitions for ERB Procedures.

i. Applicant - the individual making the submittal to the ERB; either the LotOwner or an agent for the Lot Owner.ii. Category of Review - one of the five organized areas of review criteria:(a) Site Plan, (b) Survey, (c) Floor Plan and Elevations, (d) Exterior Materials andColors, and (e) Landscape. All items submitted must be organized accordingly andshow compliance with all review criteria for the Category submitted, as detailed inthe Article "Review Criteria" in order to receive final approval.iii. Final Approval - a decision by the ERB that the item(s) reviewed have metall criteria standards and requirements for that Category of Review. Final Approvalof both the Site Plan Category and Floor Plan & Elevations Category indicateapproval for construction commencement. No site work is allowed that pertains toa Category of Review without receipt of plans by Applicant with a Final Approvalstamp and the decision letter.

iv. Conditional Approval - a decision by the ERB that the item(s) reviewedmeet(s) all criteria with the exception of a few minor notations. The ERB hasdetermined, in its sole discretion, that the item(s) may be revised and resubmitted tothe ERB Chairperson or other designated individual who may give Final Approvalupon determination of compliance with the required criterion. No work maycommence until receipt by Applicant of plans with a Final Approval stamp and thedecision letter from the ERB. Failure to receive Final Approval within the timeperiod allotted will result in an official decision of Denial. Dwelling additions andrehabs may commence work provided housekeeping items are corrected within theallotted timeframe directed by the ERB Resubmission of these plans must besigned and sealed and the office of the ERB must write a Final Approval letter.v. Denial - a decision by or inaction of the ERB that the item(s) reviewed arein conflict with ERB criteria standards or insufficient in detailing the appropriateERB criteria. Resubmission of revised item(s) will require the payment of aresubmission fee as noted in this document.vi. D.O.E. - Government of Belize, Department of the Environment.vii. Table - a decision by the ERB whereby the item(s) reviewed are not inconflict with the criteria; however, additional information must be received eitherby the ERB or applicant in addition to that otherwise required, due to unusual orexceptional circumstances.viii. Decision Letter - the letter from the ERB Chairperson or his or herdesignee that details the ERBs decision regarding any items reviewed by either the

ERB or its designee.ix. Height - that distance between the ground and the highest point of theroof.x. Lowest Finished First Floor Elevation - that elevation of the lowest,habitable finished floor line.

xi. Hardship Except as more specifically provided for herein, any unusualand extraordinary circumstances beyond the control of the Applicant that causes a


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problem with either the construction or use of a residence, as determined in the soleand absolute discretion of the ERB. No hardship variance can modify anyprovisions of this document, without the approval of the ERB.xii. Privacy Wall - a wall, which the purpose is to provide privacy into aspecific area of a yard or residence.xiii. Dwelling - any structure erected for the support, enclosure, shelter,protection or use for chattels, persons, animals and the like.xiv. Structure - refer to the definition of "Improvement."xv. Ground Preparation (including Demolition) - starting site preparation,removal or alteration of landscaping, beginning alterations to or demolition ofexisting Dwellings or Structures, new Dwelling construction, or commencing anywork on a Lot or site prior to ERB approval thereof.xvi. Improvement - All Structures or artificially created conditions andappurtenances thereto of every type and kind located on the Properties including,without limitation, buildings, out-buildings, walkways, pipes, lighting fixtures,light bulbs, roads, driveways, parking areas, fences, screening walls, retainingwalls, stairs, pools, landscaping, hedges, windbreakers, planting, planted trees andshrubs, poles, signs and exterior air-conditi

Long Caye Belize - Eco-Guidelines (Web Publish)

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