Canopy Vista Homeowner Association Rules|
Anyone who uses or reserves the Canopy Vista Tent platform is bound by the rules below. Items pertaining to GUESTS are bolded. "SE" is Canopy Vista and it's surrounding 5 acres. DE consists of the jungle reserve and the other 8 homeowner lots.
To achieve the following objectives: a)- to help consolidate, fortify and conserve the Central Pacific Conservation Area, which includes a biological corridor parallel to the Pacific Coast from Parrita to the Osa Peninsula, b)- to help promote both a healthy, ecological balanced environment and improve the quality of life for all biodiversity, including the inhabitants of the Osa County, neighbors and the flora and wildlife located in the general area of the above mentioned lots, c)- to help protect the aquifers, springs, creeks, and streams of the parcels of the development project, d)- to help protect the habitats of the migratory birds, especially endangered species, and e)- to support and promote the consolidation of sustainable development without destruction of nature, the parties hereby agree to establish a CONSERVATION and BUILDING EASEMENT, through which the parcel will be the servient estate (SE) and the anchor lot that will be provided by the Seller will be the dominant estate (DE), and which will be governed by the following terms: a) the SE will be used only for residential housing, in other words, it can not be used for a commercial, industrial, or tourist enterprise with the following exceptions, lot #4 may run a bed and breakfast with the conditions set forth in Addendum A, or nature and yoga retreats run by the owners of the DE, b)- the SE will be used as a family residence for one family with a maximum of two buildings, which are: one main house and secondary house, where the main house will not exceed two floors or ten meters in height from the mean ground level, and can not exceed 500 square meters of total construction nor be less than 80 square meters of total construction, and where the secondary house , which can be built attached or separate from the main house, will not exceed two floors, or ten meters in height and one hundred and fifty square meters (interior floors) or two hundred square meters of total construction, and will be destined for the use of guests or workers who will not pay any kind of rent to the resident family in the main house, c)- In the SE any other kind of construction with the exception of greenhouses will be prohibited, including stables, warehouses, barns, and adjacent constructions, d)-in the SE any dogs or house cats must conform to the rules set forth in Addendum B ,and other than domesticated animals which remain indoors at all times it will be prohibited to have any other kind of farm animals , or wild animals, e)-in the SE it will be prohibited to live in campers, including trailers, motor homes, mobile homes and in addition campers and their trailers, motor or mobile homes, or any other type of trailer will be allowed to be parked on the SE, f)- in the SE it will be prohibited to hunt in any way, g)- although ownership of a lot by more than one party is allowed, it is prohibited to subdivide any of the lots as defined by the registered site plan, and in no instance will joint ownership be grounds for allowing more than the original number of constructions on any parcel, h) use of the reserve areas by renters or guests of any of the homes will be restricted as set forth in the “Uses of the Reserve “ document i)- in the SE it will be prohibited to install all kinds of antennas- satellite, radio and/or television, except for those with a half meter diameter or less- which can be seen from any point of the other lots of the project, or of the anchor lot, j)-any wires or pipes used to carry electricity or water must be buried from the boundary of the SE inward to any structure from the point at which they are delivered by Seller,
k) any interior or exterior lights which can be seen from the reserve or any of the other lots must be equipped with a shroud or diffuser to shield light to avoid nuisance lighting to neighbors, l) any security lighting must be equipped with a timing device to limit duration of operation, and in no instance may the security lights remain on overnight m)-in order to assure a peaceful and tranquil environment in the development no loud music or other public disturbance will be allowed. And although the desire to entertain friends, or have the occasional party is understood, it is agreed that any activity, especially after 9pm which is causing a nuisance to the other parcels will be ceased upon request by any of the neighbors, n) in the SE the storage and management of garbage and all kinds of waste can not be visible or bother any of the other lots in the project or the anchor lot, o)-the SE will have an approved septic system to treat sewage and gray water which comes from all it’s installations in such a manner no effluent can contaminate a creek the groundwater, or neighboring parcels or the anchor lot, nor produce any odors offensive to the neighbors, p)- in the SE it is prohibited to cut any trees, clear brush, or grade additional areas of the lot without permission of the sellers or their agent n)-in the SE it is prohibited to use or store toxic chemicals, herbicides, or pesticides in the manner that they can produce deterioration in the quality of the air or water in the lots of the project or the anchor lot, q)- in the SE it is prohibited to burn in order to clean areas or to treat or dispose of garbage or any other waste, r)- all home designs including grading changes must be approved by the sellers or their agent before initiating any construction, s)- all water systems must be equipped with an overflow pipe to return excess water to the supply stream, or be equipped with a pressure shut off device, t)- in order to blend in with the natural environment all homes and roofs must be painted approved colors of green, brown, or shades of red. This conservation easement will be in place on all parcels and lots of the project. In case of rectifiable breach, the injured party will notify the owner of the SE verbally so that the offender may take the necessary measures to correct the non-compliance. If the situation is not corrected within the following fifteen days, the owner of the DE will notify the owner of the SE formally in writing, so that the owner of the SE will correct the situation within the following fifteen days from the written notice. If the period expires without the non-compliance being corrected, or in the case where there is no possibility of correction (for example, the unjustified cutting of a big tree), the owner of the DE will present the corresponding petitions before the Courts of Costa Rica in order to correct the situation and/or collect ecological damages, material as well as moral ones
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