CC & R'S

 

Building standards and complementary construction specifications to which all edifications on this development are subject to.

 

1   Range

 

    The following standards and complementary construction     specifications for dwelling houses form an integral part of presale contract relative to lot number 00, of block number 00, according to fifth clause, letter “e” and seventh which form part of this contract.

 

2   Authority

 

    The "dirección de catastro, control urbano y ecología" (dept.of city land inventory, urban control and ecology) and san felipe diamante residencial have the authority to enforce all standards and specifications approved beforehand.

 

3   Complementary

 

    The construction by-laws for the state, the standards and specifications for the structural designs of all constructions and all rules and regulations valid for construction, form part of this standards and specifications.

 

4   General conditions

 

    Previous authorization of the proper authorities and san felipe diamante residencial the following aspects should be taken into consideration:

 

4.1 Construction:

    First quality materials should be used. the use of temporary structures, sheet metal roofs, trailers, etc., is prohibited.

 

4.2 construction height:

    The maximum construction height for beach front lots is 4 meters (13.12 ft.) above sidewalk level. two or more levels may be authorized where the terrain slope allows it, if and when they respect the 4 meter above side walk level. the maximum height for back lots is 6.5 meters (21.33 ft.) above side walk level. two levels may be authorized if they respect the 6.5 meter above side walk limit. san felipe diamante residencial has the authority to modify the construction height of each lot when the topography of the lot calls for it or when she deems necessary without causing damage to a third party. this clause does not apply to the condominiums lot.

 

4.3 fences, walls and sidewalks:

    The surrounding walls for each lot should not exceed the 2 meter height limit. the sidewalks of each lot will be built by the lot owner at his own expense and will be made of concrete or first class material such as block paving, tile, etc.

 

4.4 construction facades:

    All the main facades of each beach front dwelling house should face the sea of cortez. the same applies to the houses on the south of every street parallel to the sea of cortez. this does not apply to the back lots north of every street parallel to the sea of cortez.

 

4.5 construction area and green areas:

    All houses should have as a minimum construction of one third of the lot area. the house front should have a space of three meters beginning at the property line for parking-space. no clothes line fixtures are permitted.

 

4.6 parking area:

    Each lot should have parking-space for at least two cars.

 

4.7 project authorization:

    All projects are subject to the approval of the developers administration (prior to building permits approval). construction

cannot begin as long as the developers administration has not received in writing the approval of the building drawings and building permits from the authorized government office for these matters.

 

4.8 nomenclature:

     Prior to construction, the official number should be requested from the developer.

 

4.9 beginning and end of house construction project:

    The buyer has the obligation  to complete  in  a term no longer than five years from the date  of  the  purchase contract, the construction  he  begins in  his  property and agrees to and accepts all the requirements specified in this by-laws. san felipe diamante residencial has the authority to extend the five year term if the buyer requests an extension in writing explaining the causes of the delay and if the developer considers that the causes are justified.

 

4.10 damages caused to public roadways, green areas and others:                                  

    During construction the contractor or lot owner should not block adjacent lots or public roadways. the lot owner will be held directly responsible for any damages incurred to the paved streets, sidewalks, landscaping or any other work performed by the developer or another lot owner. all damages     should be repaired on a term no longer than thirty days after one third of the construction has been completed. if this is not done, repairs will be made by the developer at the owners expense.

 

4.11 billboards:

    Posting of billboards or any kind of advertisement is prohibited.

 

4.12 care and conservation of public roadways:

    The lot owner is responsible for the care and conservation of the front of his lot such as keeping the street clean, maintenance and conservation of landscaping, plants, etc.

 

4.13 empty lots:

    If after the five year period mentioned in clause 4.9, the owner of the lot does not have the resources to build immediately, he has to fence his lot with cement blocks, first class wood or ornamental metal at a minimum height of 1.5 meters and a maximum of two meters.       

 

4.14 tree planting:

    The planting of deep root trees that might damage underground installations, sidewalks or walking areas is prohibited.  also prohibited are trees which might obstruct the developments view.

 

5    Sanctions

 

    Non-fulfillment of any of  the general  conditions  established  in  this  by-laws  will  be subject to what was stipulated in the purchase contract and the annulment of the same  could  be demanded. otherwise it will be necessary to seek the help of the proper authorities to demand its compliance.

 

6   Owners association

 

    Every lot owner has the obligation to form part of the owners association and to abide by the rules and regulations contained in the association statutes. the directors committee has the authority to judicially collect from any lot owner debtor.