Está en la página 1de 6

DEED OF RESTRICTIONS

EXECUTIVE VILLAGE
HOMEOWNERS ASSOCIATION

The PURCHASER hereby accept/s unconditional membership in Las Piñas Royale


Estates. Homeowners Association composed of owners, and residents of the
subdivision. The STA. LUCIA REALTY & DEVELOPMENT CORPORATION (hereinafter
referred to as the Owner for short) shall register the Articles of Incorporation and
By-Laws of said association with the Securities and Exchange Commission and/or
any appropriate government office. While absolute ownership of the facilities
and utilities for security service, water supply, street lighting, maintenance of
roads and drainage and such other facilities and utilities that may put up for the
promotion of general welfare, health, safety and morals of the members of the
Association, shall continue to remain in the name of the OWNER. The
Homeowners Association shall conduct the affairs and activities of the
Association related with the operation, maintenance and beautification of
housing units, and manage and maintain the facilities before mentioned subject
however to the control and supervision of the OWNER, it being expressly
stipulated that the imposition and adjustment of such fees, charges, dues and
assessments for water and temporary electrical facilities shall exclusively belong
to the OWNER and it being clearly understood that the OWNER may in due time
transfer with proper arrangement, ownership of such facilities to the Association
which shall be bound to accept the same provided that fifty (50%) percent of the
lots in the particular phase of said subdivision being turned over have been sold
and the facilities therein have been substantially completed provided further
that the Association shall have been duly registered in the Securities and
Exchange Commission. Furthermore, the PURCHASER shall faithfully comply with
all the rules and regulations, which in every instance, must be made and
promulgated with the prior written approval of the OWNER, sign and standard
contracts for such facilities and utilities and faithfully pay fees, charges, dues
and assessments imposed for such facilities and utilities. In the instance, a lien
shall be established in favour of the Association and/or the OWNER over the
property or properties of any member of Association, delinquent in the payment
of such fees, charges, dues and assessments and; in addition the Association
and/or the OWNER can take such action as is appropriate to insure payment
therefor.
I – USE OF LOTS:
a) This lot shall be for RESIDENTIAL purpose only and shall not be used for immoral
or illegal trade or activity. PURCHASER shall under no circumstances use or allow
to be used the lot as right-of-way or access to any adjoining property. Any
violation hereof shall give the OWNER the right to rescind this agreement or if
the title has been transferred already to PURCHASER, to require the lot under
the same terms and consideration as it was acquired by the PURCHASER.

b) This shall not be subdivided and for the purpose of its being used as an
access or right-of-way to any adjacent lands outside the subdivision or for
any other purpose.

Residential lots are subject to an assessment or setback from the property


line to the building line in the following manner:

Interior Lots

Both sides – 2.00 m.


Rear – 2.00 m.
Front – 3.00 m.

Corner Lots

Two sides facing the street – 3.00 m.


Rear – 2.00 m.
One side – 2.00 m.

The assessments are required for the purpose of drainage, sewage, water and
other public utility facilities as may be necessary and desirable and also for
ventilation purposes. The owner or occupant shall permit free access thereto by
the authorized representatives of Sta. Lucia Realty and/or public utility entities
for the purpose of which the easement is created. Carport may be allowed to
about one side of the boundary with firewall up to a maximum length of 6 m.
only.

d) The PURCHASER agree/s to admit in the premises representative/s of the


OWNER to carry into effect the purposes for which the easement is created, to
inspect and relocate monument and/or to admit representatives of like facilities
which shall never be denied.

e) No part of the property shall be used or maintained as dumping for rubbish,


task, garbage or other materials or aggregates.

f) Commercial or advertising signs may be placed, constructed or entered on this


lot if the lot is commercial, but subject to city or municipal ordinance and upon
approval of the OWNER. In residential lots, nameplates and professional signs of
HOMEOWNER are permitted as long as they do not exceed 80 x 40 centimeters in
size.

g) No animals or fowl shall be maintained or kept on the lot except pets. The term
“pets” means dogs, cats, and chickens not in commercial quantities.
h) For maintenance of vacant lots, PURCHASER shall pay a monthly maintenance
fee of P __________________ which amount shall be incorporated into
PURCHASER’S monthly account.

II – BUILDING AND ARCHITECTURES:


a) For residential lots, the owner/s shall construct his residential house on said lot
at a cost of at least P800,000. The complete plans and specifications thereof
shall be approved by the OWNER before starting construction. No residential
house shall exceed ten (10) meters in height measured from the ground to the
rooftop.No residential lot shall be used for commercial purpose especially as a
sari-sari store.

b) For commercial lots, should the lot buyer construct a commercial building or
structure on said lot, the same shall be at least P1,000,000. If the building to be
constructed be apartments, the building cost shall be at least P200,000 per door.
There should be at least five (5) meters setback for all commercial lots fronting
the road for easements and parking purposes. The front portion(s) of commercial
lots shall not be fenced.

c) In all cases above, the complete plans and specific actions thereof together with
the conditions duly required in writing shall be duly approved by the OWNER
prior to the start or commencement of any construction. The complete housing
or building plans must be submitted at least (30) days prior to the start of
construction. Any construction commenced without prior approval of the plans
thereof by the OWNER may be stopped and all materials for use in the
construction thereof may be refused entry in the subdivision.

d) No house plan shall be approved unless PURCHASER shall have paid a


construction deposit to the OWNER in the sum of P200,000. Said deposit shall be
refunded to the PURCHASER after completion of the construction minus whatever
damage PURCHASER may have caused to any of the subdivision facilities.

e) The City/Municipal Building permit must be acquired for the above commercial
building or residential house after the plans have been approved beforehand by
the OWNER. No construction or facing shall be started Permit.

f) In the event PURCHASER construct his/her house on a wrong lot, the PURCHASER
shall immediately remove said construction at this expense; otherwise, the
OWNER shall immediately remove the same at the PURCHASER’S expense without
the necessity of court order and without any criminal and/or civil liability
whatsoever on the part of the corporation or its officers and employees.

g) No temporary building, shack, barn or other structures shall be erected. All


building must be made with strong materials and properly painted or finished and
of a type architecture that is in harmony with the surrounding landscape and
homes of the vicinity. Adjacent lots may be used for dumping of materials or
stockpile for construction provided said lots are immediately cleaned after
construction of the PURCHASER’S house. In case of failure of PURCHASER to do
so, the OWNER shall do the same but the cost thereof shall be deducted from
PURCHASER’s construction deposit.

h) PURCHASER shall not be allowed to mix concrete directly on the subdivision’s


concrete roads or paved sidewalks.

III – DRAINAGE & WATER SYSTEM:


a) PURCHASER or any person shall have no authority to permit tapping into the
water mains. Only the OWNER may do so or grant such written permit.

b) The OWNER shall handle the exclusive management and supervision of the water
system as well as the charging of water less similar to other first class
communities or subdivisions.

c) No lot owner shall be allowed to install and drainage outlet outside his property
without the written approval of the OWNER.

d) No lot owner shall be allowed to install booster pumps or similar devices to his
connection to the subdivision water system. Violation hereof shall give the
OWNER the right to discontinue service to PURCHASER.

IV – SEWAGE, GARBAGE DISPOSAL AND OTHER FEES:


a) Sewage disposal must be my means adequate septic tanks to be built by the
PURCHASER which must always be kept in sanitary condition

b) In case the OWNER later decides to voluntarily provide additional facilities in


the subdivision like a swimming pool, gym, spa, tennis courts and basketball
court, PURCHASER agrees to pay a maintenance fee of P50.00 per month to cover
the cost of maintenance thereof. Those who fall or refuse to pay the P50.00
maintenance fee shall not be allowed to make use of these facilities.

V – WALLS AND FENCES:


a) The fence or wall shall not be more than 1.60 meters in height from the
sidewalk level. For commercial lots, no fences or wall shall be constructed
fronting the street. No fencing shall be made prior to construction of one’s house
or building.

VI – VEHICULAR ENTRANCES:
a) No vehicular entrances or exits shall be allowed along circular curves at street
intersections.

VII – TERMS OF RESTRICTIONS:


a) The foregoing restriction shall remain in force of thirty (30) years starting from
March 31, 1991 (for Phase I) unless sooner modified by two-third votes of
members in good standing if the HOMEOWNERS ASSOCIATION and with the prior
written approval of the OWNER. However, the Association may, by the same
number of votes and composition from time to time, and new ones, amend or
abolish particular restrictions or parts thereof but in all case with prior approval
of the OWNER.
VIII – ENFORCEMENT OF RESTRICTIONS:
a) The foregoing restrictions may be enjoined and/or enforced by court action by
the OWNER. In the event of any violation of the foregoing and/or delinquent of
the lot, house or fees of whatever nature, the OWNER also reserves the right to
resort to other remedies, such as extrajudicially cutting of water line of the
PURCHASER or disallowing the use of any facilities of the subdivision.

b) Should the PURCHASER violate any provision of the Deed of Restrictions such as
the easement requirements the OWNER shall, without the necessity of court
order, remove and/or demolish or cause the removal or demolition of any
structure built or constructed in violation of the specified assessments or any
other restrictions specified in the Deed of Restrictions duly agreed upon at the
expense of the PURCHASER and the PURCHASER hereby voluntarily submits and
agrees that the OWNER shall not incur any civil or criminal liability whatsoever.
Furthermore, the costs of removal and/or demolition shall be for the account of
the PURCHASER and the latter shall pay in full the said costs upon written
demand by the OWNER.

c) The PURCHASER hereby makes manifest and represents that he/she/it has
investigated the property subject matter of this Contract and that he/she/it has
found no squatters or adverse occupants whatsoever thereon and is fully satisfied
with the area, terrain and contour of the lot, actual condition of the lot and the
area in general.

d) The PURCHASER binds himself/herself/itself to comply with all laws, ordinances


and regulations regarding sanitation, safety and other orders which the Bureau of
Health of any other branch of the Government, local or national, may have
promulgated or hereafter promulgate for the proper protection of the public.
Whatever consideration or forbearance the OWNER may concede to the
PURCHASER as not exacting strict compliance with any of the terms and
conditions of this Deeds of Restrictions, as well as any other condonation that the
OWNER may give to the PURCHASER with regard to the obligations of the latter,
shall not be interpreted as a renunciation in case of any default on the part or
non-compliance by the PURCHASER for any right, cause of action, or sanction
herein granted onto the OWNER.

e) The PURCHASER agrees not to sell, cede, encumber, transfer, or in any manner
to do any act will violate this Deed of Restrictions without the prior written
approval of the OWNER and until all stipulations of this deed shall have been
fulfilled. The PURCHASER binds himself/herself during the life of this Deed of
Restrictions not to after, remove displace or in any way, interfere with any
monument or other evidence of boundary upon said premises, not to cut or
destroy or in any other manner cause any waste or damage to or upon said
premises or to allow others the commission of any of the aforesaid acts, without
previous written approval from the OWNER. It is understood that all
expropriations which might hereafter be made of the property or any portion
thereof shall be for the sole account of the PURCHASER and shall not in any way
affect his/her/their obligations in favour of the OWNER under the contract.
f) Should the OWNER, acting for and in behalf of the PURCHASER, files the
necessary subdivision application with the Manila Electric Company (MERALCO)
for installation of electric service within the subdivision, and MERALCO requires
the OWNER to post a surely bond to guarantee its service including labor and
materials the PURCHASER shall be exempted from sharing with the OWNER the
expenses of putting up the said surety from MERALCO, then the OWNER and the
PURCHASER shall share equally fifty-fifty the expense for such cash bon or cash
advance and/or subscription of preferred shares. It is hereby stipulated that in
such latter case, the fifty (50%) percent shares of the PURCHASER shall be
apportioned among all other PURCHASER if there are any, included in the same
Project Number of MERALCO who will be benefited by the installation of the
electric service. Moreover, it is hereby understood that the said PURCHASER shall
be co-owner/s with the OWNER of the preferred shares in proportion to the sum
that he/they/has/have paid. If subsequently, some other lot buyer/s build/s
his/her residence and apply/lies for electric using the existing lines in the same
Project number of MERALCO, he/they shall pay outright to the OWNER the
corresponding sum observing the fifty (50%) percent proportion as the original lot
buyers who have been granted the electric supply in a certain project approved
by MERALCO in which event the amount paid by the original buyer/s shall be
correspondingly and proportionately reimbursed to them in the form of cash or
shares in conformity with the fifty (50%) percent shares herebefore mention.

IN WITNESS WHEREOF, the said parties hereunto set their hands this __________________ day of
__________________, _________ in ___________________________________________, Philippines.

STA. LUCIA REALTY & DEVELOPMENT, INC.


(Owner)

TAN A 2438-J0981-A-O

CONFORME:
By: MARIZA S. TAN
VICE PRESIDENT FOR SALES

Purchaser

SIGNED IN THE PRESENCE OF

___________________________________ _________________________________

También podría gustarte