DOR Avida Settings Cabanatuan PDF

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SIGN OFF SHEET "" Ay~latoll1<lcompany
DATE: 8/2/11
PROJECT: Avida Settings Cabanatuan

Deed of Restrictions
PREPARED BY: AMBANDEJAS PSMG
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Remarks
PREPARED BY:
REVIEWED BY: Stipulations based from

standard template for Avida
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PSMG
SIGNATORIES:
POL B. TANCO
CHRIS B. MAGLANOC
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Cabanatuan
Table of Contents
Introduction . 2
The Declarant . 3
l. The Avida Settings Cabanatuan Homeowners Association . 3
II. Definrtion 01 Terms.. . ..4
III. Conditions 01 Ownership, Use and Occupancy.............. ..9
3.01 Use 01 the Lot . 9
3.02 Prohibited Uses ... 9
3.03 Subdivision and Consolidation . 9
3.04 One Dwelling UniL... . 9
3.05 Detached Structures......... . 9
3.06 Outbuildings and Temporary Structures. ..9
3.07 Service Area.... . :.. . . 9
3.08 Parking. . 10
3.09 Landscaped Area and Easements . 11
3.10 Animals. . 11
3.11 Signs. . 11
3.12 Water Wells ... 11
3.13 Maintenance . 11
3.14 Garbage. ... 12
3.15 Accummulation and Storage 01 Materials. . 12
3.16 Environmental Initiatives................... ... 12
3.17 Alteration, Addition, or Removal 01 Structures. . 13
3.18 Private Security Guards and Domestic Help.... . 13
3.19 Resale or Lease 01 Lots........ . 13
IV. Buildings and Architectural Controls . 13
4.01 Type 01 Materials ..13
4.02 Building Height ..13
4.03 Setback. . 14
4.04 Cutiing and Filling... . 17
4.05 Solar Collectors . 19
4.06 Antenna and Satellite Dish . 19
4.07 Monuments . 20
V. Walls I Fences . 20
VI. Special Restrictions. . 25
6.01 Typical Expansion . 25
Typical Expansion (Maia). . .25
Typical Expansion (Thea) 26
6.02 Special Lots A - Alley Lots Expansion . 26
6.03 Speciai Lots B - Park I Easement Lots Expansion 29
6.04 Special Lots C - Entry Park Lots Expansion . 32
VII. Vehicular Entrances and Driveways . . 36
VIII. Utilities . 37
IX. Power Generating Sets . 39
X. Noise.. . 39
XI. Construction . .40
11.01 Srte Conditions. .. . ..40
11.02 Designs and Plans.. ..40
11.03 Completion 01 Construction. . ..40
11.04 Construction Guidelines . 40
11.05 Construction Bond...... .40
XII. Home Expansion..... . 40
XIII. Use of Streets and Common Areas . . .41
XIV. Maintenance Easements . 41
XV.
XVI.
XVII.
~:el.:~~;~~~~~i~~:~dP~ii~rn B~Ok......... ...........•••••••••••••••••••••••.••.•••••••••••••....... ••••••• :u: .. .
19.01 Period 01 Restrictions. . ..4
19.02 Enforcement of Restrictions 4 .
19.03 Interpretation 01 Restrictions...... . ..4
I I P age
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Introduction
Avida Settings Cabanatuan is envisioned as a planned residential community, consisting primarily of single
detached houses, parks, and open spaces. A range of complementary amenities is intended to enhance the
quality of life of the residents and to improve the value and livability of the area.
Avida Settings Cabanatuan shall be guided by this Deed of Restrictions and the Design Guidelines and Pattern
Book, which, collectively, are intended to:
Safeguard the health and welfare of its residents by establishing and sustaining a safe, livable and pleasant
community.
Secure for each property owner the full benefit and enjoyment of the owner's property with no greater
restriction than is necessary to ensure the same advantages to other owners.
Assure the residents that the intended land use and character of the neighborhood will be preserved;
protecting their right to access and utility service.
Maintain aesthetic standards that make Avida Settings Cabanatuan an attractive and desirable place to live in.
Prevent nuisances and the deterioration of neighborhoods that inevitably follow a "let people do whatever they
want" philosophy of construction, maintenance, and property use.
Protect property values by ensuring that only compatible developments and densities will be located within the
development.
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Avida Settings Cabanatuan
Deed of Restrictions
The Declarant
The Declarant, Avida Land Corp. ("Avida"), is the owner and developer of a specific controlled real estate
development known as Avida Settings Cabanatuan located in Barangay Sta. Arcadia, Cabanatuan, Nueva
Ecija.
The Declarant intends to sell and convey Lots and Dwelling Units within Avida Settings Cabanatuan subject to
certain conditions. It further intends to impose upon these Lots and Dwelling Units covenants and restrictions
under a general plan or scheme of development for the benefit of the Owners and future Owners thereof by
providing an established area with a unique character having a balance of buill and natural environment and
the visual and urban design quaiity of existing or future residential or commercial deveiopments.
The Declarant hereby declares that all Lots and Dwelling Units within Avida Settings Cabanatuan Phase 2 are
held, and shall be held, conveyed, hypothecated, or encumbered, leased, rented, used, occupied and
improved, subject to the covenants, conditions and restrictions herein stated. All of said covenants, conditions
and restrictions shall attach to the Lots, and shall be binding on all the parties having or acquiring any right,
title or interest in the Lots, whether as sole owner, joint owners, mortgagees, lessees, tenants, occupants, or
otherwise.
All the provisions of this declaration shall form part of the consideration of the sale of the Lots as shown in the
Subdivision Plan (See Illustration of "Subdivision Plan" on page 7), and shall be annotated on their
corresponding certificates of title as voluntary liens and encumbrances.
I. The Avida Settings Cabanatuan Homeowners' Association (ASCAB-HOA)
The Owners shall be required, and shall automatically become members of the Association. They must
faithfully abide by the ruies and regulations laid down by the Association in the interest of promoting the
sanitation, security, environmental considerations, aesthetics, and the general welfare of the community.
These restrictions shall be binding on e'ach and every Owner. The Owner's execution of the reievant sale and
purchase agreement with Avida constitutes an acceptance of these restrictions and the corresponding
obligation to abide by the provisions hereof.
The Association is authorized to levy and collect assessments on its members to meet the expenses for the
operation, maintenance and improvement of the development and its facilities. These assessments shall
constitute a preferred lien on the Lot, junior only to liens of the government for taxes and voluntary mortgages
for sufficient consideration entered into in good faith.
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II. Definitionof Terms
The terms used herein, unless the context indicates otherwise, shall have the definitions hereafter set forth or
as designated in the text and illustrations hereof.
"Alley" shall mean and refer to any space which is dedicated for use as a passageway with a width of not
more than three (3) meters.
"Alley Lot" shall mean a Special Lot with one (1) side of the Property Une adjacent to an Alley and one (1)
side of the Property Une adjacent to a Lot. (See Illustration .Special Lots A - Alley Lots Location" on page 27).
"Association" shall mean the Avida Settings Cabanatuan Homeowners' Association for the Village, a non-
stock, non-profit organization to be organized under the laws of the Republic of the Philippines, tts successors
and assigns. Prior to the organization of the Association, the rights of the Association, as stated in this Deed
of Restrictions, (including, where applicable, the grant of consents or approvals) shall be exercised solely by
the Declarant.
"Basement" shall mean the lowest portion of the Dwelling Untt that is, etther partly or entirely, below the
Original Ground Level.
"Board" shall mean the Board of Trustees of the Association and its members as may be elected periodically.
"Building" shall mean and refer to any enclosed and permanent structure constructed within the Village.
"Carport" shall mean a space inside the Lot which is provided for vehicles, with minimum dimension of three
(3) meters in width and five (5) meters in depth for one (1) car.
"Common Area" shall mean an area intended for the use and enjoyment in common by the Owners of the
Village and the owners of other residential projects adjacent to the Village that may be developed by the
Declarant, as shown on any recorded subdivision plan of the Village, as determined by the Declarant. The
term shall include, without limttation, ~) any road, drainage area, Easement for roads, landscaping, walkway,
parking area, path, and utiltty, and all improvements now or hereafter constructed thereon, including, without
limttation, Street, lighting system, signage, and any Surface Water or Storm Water Management System and
its appurtenances; and (ii) all personal property and real property, including any Easement and license,
leasehold, or other real property interest, including any improvements ihereon, which are owned by the
Association on tts own or jointly with the other homeowners associations from other adjacent residential
projects developed by the Declarant for the common use and enjoyment of the members of the Association,
their families, guests and or lessees. (See Illustration of .Common Areas Plan" on page 8).
"Comer Lot" shall mean a Lot adjacent to two intersecting Streets, and has access to both Streets.
"Court" shall mean an occupied space within a Lot which is free, open, and unobstructed by appendages from
the ground upward, other than a yard. (See Illustration 4.03.e .Court Setback" on page 15).
"Custom-designed Home" shall mean a Dwelling Untt designed by an Architect commissioned by the Owner.
A Custom-designed Home shall strictly follow the Avida Settings Cabanatuan Deed of Restrictions, and it shall
respect and follow the design recommendations in the Avida Settings Cabanatuan Design Guidelines and
a
Pattern book in order to preserve the Modem American Contemporary design iheme of the Village.
"Declarant" shall mean Avida Land Corp., its successors and assigns. No entity shall be considered a
successor and assign of the Declarant unless such appointment is evidenced by a wrttten instrument executed •
by the Declarant for that purpose.
"Deed of Restrictions" shall mean this Deed of Restrictions containing the guidelines and conditions on th .
use and occupancy of the Lots within the Village, all illustrations incorporated herein, and any amendment 0
supplement hereto.
"Design Guidelines and Pattern Book" shall mean the document referred to in this Deed of Restrictions ~
which outlines and illustrates the physical, archttectural, landscape, and urban design characteristics intended
for the architectural coherence of the developments wifhin Avida Settings Cabanatuan.
41 Pa gc
"Dwelling Unit" shall mean a single-family, detached, enclosed, and penmanentresidential structure, intended
to be used for habitation and containing facilities for living, sleeping, cooking and eating, constructed on a Lot,
and for which a certificate of occupancy has been issued by the applicable govemmental authorities for the
purpose of allowing the beneficial use and occupancy thereof by an Owner as Residence. This term shall
exclude hospitals, clinics, duplex houses, apartments, multi-family attached housing, schools, boarding
houses, hotels, and commercial and retail establishment and/or such other use which is similar or related to
the foregoing; all such uses being expressly prohibited.
"Easement" shall mean a right to use land owned by the Declarant concerning rights of way and rights
concerning flowing waters, e.g. utility or drainage and creek easements.
"Easement Lots" shall refer to Lots having a Properly Line adjacent to an Easement.
"Effectivity Date" shall mean the date when this Deed of Restrictions begins to take effect, specifically on
July 1, 2011.
"Entry Park" shall mean the Park or landscaped area located at the Village entrance.
"Entry Park Lots" shall refer to the Lots having a Properly Line adjacent to an Entry Park.
"Fa!;ade" shall mean and refer to the portion of the house that is facing and can be viewed from the Street.
"Finished Grade Level" shall mean, with respect to a Lot, the then current ground level and/or elevation of
such Lot, after the development of the Lot or the cutting and/or filling of the ground by the Owner thereof.
"Firewall" shall mean a concrete wall that is required whenever an enclosed space covers the two (2)-meter
easement and abuts the Property Line The Firewall shall comply with the National Building Code and the Fire
Code requirements.
"Future Development" shall mean and refer to such areas in the Village that are reserved for eventual
development into a Lot or Lots, roads or open spaces or utilities, or otherwise at the sole determination of the
Declarant, which mayor may not fonm part of Avida Settings Cabanatuan. Notwithstanding the delineation of
such areas, nothing herein shall limit the right of the Declarant to delineate and identify other areas in the
Village as areas for Future Development.
"Garage" shall mean a space provided within a Lot for the storage or parking of one or more vehicles and
covered with roof and walls.
"Highest Lot Corner" shall mean, with respect to a Lot, the elevation of the highest comer of the Lot
independent of other adjacent Lots and/or preas; as such elevation is detenmined by the Declarant or the
Association prior to the commencement of any construction on the Lot by the Owner.
"Home Unit" shall also mean "Dwelling Unit". See definition of "Dwelling Unit".
"Lot" shall mean any plot of land shown in the Subdivision Plan of the Village and designated as a numbered
subdivision lot for residential purposes. The tenm "Lot" shall exclude any Common Area. (See Illustration of
"Subdivision Plan" on page 7.)
"Lot Line" shall also mean and refer to "Properly Line". See definition of "Properly Line".
"Lowest Lot Corner" shall mean, with respect to a Lot, the elevation of the lowest corner of the Lot
independent of other adjacent Lots and/or areas; as such elevation is determined by the Declarant or the
Association prior to the commencement of any construction on the Lot by the Owner.
"Modern Contemporary" shall mean the architectural flavor and theme of the Village that will unify the Village
Home Models and the Custom-designed Homes. Architectural treatments characterizing the intended Modern
Contemporary theme are explained and illustrated in the Design Guidelines and Pattern Book.
"Original Ground Level" shall mean the original elevation of a Lot, as determined by the Declarant, which itJ. /
independent of other adjacent Lots and/or areas of the Village existing prior to the commencement of an
construction on the Lot by the Owner.
"Owner" shall mean a registered owner, co-{)wner, or joint owner, assignee, successor-in-interest, mortgagee,
lessee, or occupant, or officer or director of any entity holding title or interest in the Lot, or any other person ~
actually occupying or using the Lot and/or otherwise authorized to exercise all or some of the rights of the
Owner under the terms of an agreement or contract. ,
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"Park" shall mean a small park accessible to the homeowners of the Village. Parks provide greenery, a place
to sit outdoors and mayor may not contain a children's playground.
"Park Lot" shall mean a Special Lot with one (1) side of the Property Line adjacent to a Park and one (1) side
adjacent to a Street. (See Illustration of "Park Lots" on Page 30).
"Property" shall mean the land encompassed by the Village.
"Property Line" shall mean, with respect to a Lot, the property boundary thereof expressed as part of the
technical description of said Lot as shown in the transfer certificate of title covering such Lot.
"Residence" shall mean a Lot together with the Dwelling Unit constnucted thereon.
"Service Area" shall mean a designated portion within the Setback Area where uses such as open laundry
drying or open service yard may be permitted, the actual location and extent of which shall be as determined
by the Declarant. (See Illustration 3.07 "Service Area Location" on page 9).
"Setback" shall mean the distance from the Property Line beyond which a Building or any portion or projection
thereof may be erected.
"Setback Area" shall mean the area within the Lot on which the construction, installation or location of any
Building, stnucture or any portion or projection thereof is restricted or regulated under Section 4.03.
"Special Lot" shall mean a Lot with special requirements different from the general requirements provided in
this Deed of Restrictions. Specifically for Avida Settings Cabanatuan, a Special Lot may be any of the
Perimeter Lots, Alley Lots, or Entry Lots.
"Spine Road" shall mean the twenty (12) meter wide main road traversing the village (See Illustration of
"Subdivision Plan" on page 7).
"Street" shall mean a road primarily intended for use as a passageway for vehicles, the width of which shall
include the sidewalks and the Common Area planting strip.
"Surface Water/Storm Water Management System" shall mean a system designed, constnucted or
implemented to control discharges which are brought about by rainfall events, incorporating methods to collect,
convey, store, absorb, inhibit, treat, use, or reuse water to prevent or reduce flooding, over-drainage,
environmental degradation and water pollution, or otherwise affect the quantity and quality of discharges from
the system, as permitted pursuant to applicable laws or govemmental regulation.
"Village" shall mean the Avida Settings Cabanatuan.
"Village Home Model" shall mean a Dwelling Unit model designed by the Declarant, which shall either be: (a)
Maia and (b) Thea, or (c) any other model which may be introduced for the Village.
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- •• - - PROPERTY
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SUBDIVISION PLAN
Avida Settings Cabanatuan VL1\lJ ~,-liiii-~~~J
o 10 20 40 70
71Page
j[ _] - COMMON AREAS
COMMON AREAS PLAN

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o 10 20 40 70
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III. Conditions of Ownership, Use and Occupancy
The ownership, use or occupancy of a Lot shall be subject to the following:

3.01 Use of the Lot - All Lots shall be used exclusively for private, single-family, residential purposes. The
term "residential purposes" as used herein shall exclude hospitals, clinics, duplex houses, apartment
houses, multi-family attached housing, schools, boarding houses, hotels, and commercial and retail
establishment and such other use which is similar or related to the foregoing; all such uses being
expressly prohibited.
3.02 Prohibited Uses - No activity shall be permitted on any Lot which is or may be detrimental to the
occupant of any other Lot or which is or may be an annoyance or nuisance to other residents in the
Village. Without limiting the generality of the foregoing:
(i) No Lot shall be used as a distribution point for commercial goods.
(ii) Dangerous, hazardous, flammable, noxious, toxic, and explosive items, such as, but not limited to,
firecrackers, gasoline, and chemicals are prohibited from being stored or kept within any Lot.
(iii) No Lot or any part thereof shall be used for any vicious, illegal, immoral, unpleasant, unsightly, or
offensive activity such as, but not limited to, gambling, distribution of contraband and the like, nor
for any purpose in violation of national or local laws and regulations, or of police, health, sanitary,
building or fire code regulations or instructions relating to, or affecting, the use or occupancy or
possession of any Lot.
Any violation of law or ordinance shall be referred and reported to the appropriate government
authorities notwithstanding any action that may be taken by the Declarant or the Association.
3.03 Subdivision and Consolidation - A Lot shall not be subdivided. Two or more adjacent Lots,
however, may be consolidated into one Lot and may later be re-subdivided into not more than the
original number of Lots prior to the consolidation; provided thai. none of the resulting Lots shall be
smaller in area than the smallest original Lot before the consolidation. In all cases, the
consolidation/subdivision plans shall be duly approved by the Declarant and the proper government
office or agency. The application and processing of the required permits and approvals shall be the
sole responsibility of the Owner.
In the event that one Dwelling Unit will be constructed on two or more Lots, these Lots should be
consolidated prior to construction of the Dwelling Unit.
3.04 One Dwelling Unit - Only one Dwelling Unit for use and occupancy by a single family shall be
constructed on a single Lot. Rowhouses or apartment type dwellings for use by multiple families are
not allowed.
3.05 Detached Structures - A greenhouse, gazebo, trellis, bathhouse, storage area or any other like
structure, which is detached from the Dwelling Unit, may be built subject to the approval by the
Declarant or the Association of the design thereof; provided that, the construction and use of any such
structure complies with all of the following requirements: (a) the structure is only one storey in height;
(b) the structure is of an ornamental character; (c) the structure is not intended to be used, and shall
not be used, for habitation; (d) the structure is constructed in accordance with Setback requirements
as stated in this Deed of Restrictions; and (e) the material used for the external finish of the structure is
substantially the same material as that which is used for the Dwelling Unit.
3.06 Outbuildings and Temporary Structures - No trailer, shack, barn or other outbuilding shall be
erected on the Lot other than as temporary construction facilities used during the construction of tho
Dwelling Unit, nor shall any structure of a temporary character be used as the Dwelling Unit.
3.07 Service Area - No outdoor utility area, laundry or service yard shall be located along the side of
Dwelling Unit fronting a Street. Open laundry drying areas and open service yards may be placed onl
in the designated Service Area, as defined below. Where it is unavoidable to locate these in areas
where they may be visible from the Street, these should be properly screened or obscured from public
view or view from the Street, using materials consistent with the overall aesthetic character of the
Village.(i.e., perimeter fence) . (See Illustration 3.07)
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I77J tE~GIl'TI:!l DtS_J.o
lC.Q smvu.iV. SER'{l0!: AREA
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NO UTIl.IlY AREA. iLAUNDRY OR NO unl.lTY AAEA. LAUNOIlY OR

SERVICE YARDAl.l.O\I'ED AlONG SERVICE YARDAllOWED AlONG
SIDE Of A UNIT FRONmlG A sloe OF A UNrr FRONlING A
SlREfi STREET
STREET STREET
Illustration 3.07 - Service Area Location
(a) For all Lots, except those Special Lots referred to in (b) below, an overhead covering installed at the
Service Area shall have a maximum height of 2.40 meters on the side abutting the fence measured
from the finished grade level inside the Lot It shall have a maximum height of two and a half (2.50)
meters on the side opposite the fence measured from the Finished Grade Level of the Lot (See
Illustration 3.07.a)
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OVERHfAD
COVERING
DWELLING
SERVICE UNIT
AREA
Illustration 3.07.a - Overhead Covering at Service Area for all Lots except for Special Lots
3.08 Parking - Each Lot shall, at all times, have at least a three (3.00) meter by five (5.00) meter private
parking space. Street parking shall not be allowed.
Washing, cleaning or repair of any kind of vehicle may be done only inside the Lot, and proper
drainage shall be provided by the Owner to prevent water, oils, and chemicals from spilling out to the
Common Areas. Oils and chemicals shall be cleaned and properly disposed by the Owner.
If the Garage or Carport abuts the Property Line, a Firewall shall be provided in compliance with the
National Building Code and the Fire Code requirements.
3.09 Landscaped Area and Easements - Every Owner must provide within his Lot a dedicated area for
purposes of landscaping and an easement for drainage, sewage, water and other public utilities as
may be necessary and desirable to the following extent: (a) inside Lot - twenty percent (20%) of the
area of the Lot; and (b) corner Lot - ten percent (10%) of the area of the Lot The Owner, his lessee
Association or public utility companies for the purposes for which the easement is created. (See
Illustration 3.09.)
IOIPage
Illustration 3.09 - Open Space Requirement
3.10 Animals - No animal shall be kept on a Lot, except domestic pets of such kind and number as may be
prescribed by, and subject to regulation and control of, the Declarant and the Association; provided
that, where so allowed by the Declarant and the Association, dogs must be confined to the premises of
the Lot, except when they are walked around the Village by the Owners or their representatives, they
must be kept under leash. Raising or keeping of reptiles, hogs, horses, poultry, fowls, or of other
livestock on any part of the Village is strictly prohibited. The commercial breeding of animals is strictly
prohibited. The Owner shall be fully responsible for any nuisance or damage caused by his/her
animals reported by any member of the Association.
3.11 Signs - Commercial or advertising signs shall not be placed, constructed or erected on the Lots.
Name plates and professional signs of the occupants therein are permitted so long as they do not
exceed 30 x 60 centimeters in size, and shall not extend beyond the Property Line. The Lot shall not
be used as an office, and no principal facilities for professional offices shall be permitted. (See
Illustration 3.11.)
NAME PLATES AND PROFESSIONAl
SIGNS MUST BE O.3Ox O.6Om MAXIMUM
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Illustration 3.11 - Signage
312 Water Wells - The construction, installation or utilization of a water well, deepwell or artesian well in
the Lot is not allowed.
3.13 Maintenance - Each Owner shall keep the Lot and all improvements thereon in good order and repair,
and free of debris and litter including, but not limited to, seeding or sodding, watering and mowing the
lawn, pruning and cutting trees and shrubbery, and painting or doing other appropriate external care of
all Buildings and other improvements in a manner and with such frequency as is consistent with good
property management.
If a Building located within a Lot shall be totally destroyed or rendered uninhabitable by fire, wind, rain
or any other disaster, or shall be condemned by the government, then the Owner shall commence to
] I I P age
repair, restore or rebuild the structure, or remove the damaged structure and clean the Lot of debris, in
any case, within twelve (12) months from occurrence of the aforementioned event. Further, the Lot
shall be restored to decent condition, as determined by the Declarant, within three (3) months from the
occurrence of the aforementioned event.
The Owner shall keep and maintain the area between the Property Line of his/her Lot and the paved
portion of the Street adjacent to his/her Lot in good order, and free of debris and litter.
The Owner of a Lot shall keep the grass cut and trimmed in a manner and with such frequency as is
consistent with good property management. If the Owner fails to comply with this obligation within five
(5) days written notice from the Declarant or the Association, the Declarant or the Association may
have the grass cut and trimmed and keep the Lot clean at the expense of the Owner.
No weeds, underbrush, or other unsightly growths shall be permitted to grow or remain on any part of
the Lot, and no refuse, pile, or unsightly objects shall be allowed to be placed or suffered to remain
anywhere thereon. If such condition is not corrected by the Owner despite notice from the Declarant or
the Association, the Declarant or the Association shall have the right to enter the premises, remove
any of the foregoing and/or effect the rectification at the expense of the Owner.
The Association shall maintain the landscaping of the planting strip or sidewalk of the Village.
3.14 Garbage - A waste segregation and management system will be strictly implemented.
Garbage disposal bins or storage receptacles shall, at all times, be screened from public areas, public
view, and adjacent properties and shall be covered at all times. Additional screening material, if
necessary, shall be made of durable materials. To avoid unsightly garbage bins, the Association may
prescribe the type of garbage disposal bins that shall be used by the Owners.
No waste material shall be burnt on any Lot. Composting and waste segregation rules prescribed by
the Declarant and/or the Association must be observed.
No garbage shall be stored or allowed to accumulate outside of the Lot. Garbage shall only be placed
outside the Lot on the specified days of collection and at specified collection points.
No Lot or Common Area shall be used or maintained as a dumping ground for garbage, except when
under an environmental program facilitated by the Declarant and/or the Association.
Trash, garbage, or other wastes shall be kept in sanitary containers at all times. All equipment for the
storage or disposal of such material shall be kept in a clean and sanitary condition.
Accumulation of building materials, debris, weeds, trash, scrap, metal, old automobiles, non-operative
vehicles, old house-hold appliances, or other unsightly objects is not permitted on or outside any Lot.
3.15 Accumulation and Storage of Materials - No personal property shall be stored or allowed to
accumulate outside of the Lot.
Clothes lines, piles of wood, construction materials and/or equipment must be concealed from public
view.
3.16 Environmental Initiatives - Each Lot Owner shall abide by the Environmental and Sustainability
Management and Preservation Guidelines to be established by the Declarant and the Association in
order to ensure that the Village will be compliant thereto.
No existing tree, whether found within or outside a Lot, shall be cut, moved, transferred or damaged
without the prior written approval of the Declarant or the Association and the appropriate clearances
from the relevant govemment agencies shall have been obtained.
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The Declarant and/or the Association, upon prior written request from the Owner, may allow certain
trees within the Lot to be cut or moved for purposes of construction of a Dwelling Unit. In such a case, ~
the Owner shall donate to the Association, for replanting, an equivalent of five (5) tree saplings of an
approved species and size for every tree to be cut or moved, plus a donation to the environmental
fund of a reasonable amount, as may be determined by the Declarant. The Declarant and/or the
121Page
Association shall determine the location where such saplings shall be planted. The Declarant and/or
the Association may change the replacement ratio periodically.
3.17 Alteration, Addition, or Removal of Structures - No alteration of, addition to, or removal of any
structure within a Lot shall be made without prior written approval by the Declarant or the Association.
3.18 Private Security Guards and Domestic Help - An Owner who avails of the services of private
security guards and/or domestic help, either permanently or for a limited period, shall, prior to the
engagement of said services or assumption of post, register with the Association under a prescribed
form, the names and other particulars of the security guard or guards and/or domestic help engaged to
provide such service to the Owner. Private security guards and domestic help shall abide by the rules
and regulations of the Association. The Owner is responsible and liable for the non-compliance by
his/her security guard or guards or domestic help with the rules and regulations of the Association. An
identification card must be presented by such security guard or guards or domestic help when entering
the Village and in discharging their duties. The Association reserves the right to deny issuance of
identification cards and entry into the Village of any security guard or domestic help with a criminal
record or who is identified by the Association as a security risk.
3.19 Resale or Lease of Lots - Each Owner shall be required to advise the Association of the sale or lease
of his/her Lot or Dwelling Unit to another party within fifteen (15) days from the date of execution of the
contract covering such sale or lease.
Should an Owner lease his/her Lot or Dwelling Unit, the Owner and the lessee shall be solidarily liable
for any outstanding obligation or accountabilities with the Association or the Declarant, and for any
claim for civil liability with respect to, or arising out of, any damage to the Property or the Common
Areas which the lessee may cause within the Village.
IV. Buildings and Architectural Controls
4.01 Type of Materials - All Dwelling Units and improvements to be constructed on the Lot must be made
of strong materials and of a type of architecture that is harmonious and consistent with the surrounding
landscape and homes in the Village as intended by the Declarant and in accordance with the Design
Guidelines and Pattern Book.
4.02 Building Height - A Building constructed on a Lot shall not be higher than nine (9) meters measured
vertically from the Highest Lot Corner up to the highest point of the structure. (See Illustration 4.02.a.)
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Illustration 4.02.a
Maximum Allowable Height of the House
131Page
4.03 Setback
(a) Building Setback. No structure or any portion thereof shall be located .within the Lot at a distance of
not less than three (3) meters from any Property Line fronting or adjacent to a Street, and two (2)
meters from any Property Line not fronting or adjacent to a Street. (See Illustration 4.03.a.)
>-
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0:::
>-
(/)
STREET
INSIDE LOT SET BACK CORNER LOT SET BACK
Illustration 4.03.a - Setback Requirements
The Dwelling Unit and all structures and appurtenances thereof including, but not limited to, Garages,
servants' quarters, and/or parts thereof, which are to be constructed on a Lot, must be constructed at a
distance of: (a) not less than three (3) meters from the Property Line of the Lot fronting or adjacent to a
Street, and (b) not less than two (2) meters from the Property Line on each side of the Lot not fronting
or adjacent to a Street. The aforesaid Setback shall be measured from the Property Line of the Lot to
the nearest finished wall/window or column or any projection from said wall/window or column of the
Dwelling Unit or any structure constructed on the Lot. (See Illustration 4.03.a.)
(b) Roof and Eaves Setback. All outside edges of roofs and/or eaves must be located at a distance of
not less than one (1) meter from any Property Line fronting or adjacent to a Street; and not less
than one (1) meter from the Property Line on each sides of the Lot not fronting or adjacent to a
Street. (See Illustration 4.03.a)
(c) On-grade Steps and Porches Setback. On-grade open steps and on-grade open porches may be
constructed or installed within the Setback Area; provided that, any column, wall, or enclosure shall
(d)
be subject to the applicable Setback restrictions. No railing higher than one and one-tenth (1.10)
meters shall be allowed within the Setback Area.
Ground and Vertical Construction Setback. Ground and vertical constructions such as an allie, a
loft, a mezzanine, or a second floor living space may abut only the rear Property Line and one other
Property Line not fronting a Street; provided that, the Owner shall construct a Firewall on the rear
and side Property Lines affected by such construction. Otherwise, a two (2) meter Setback should
U
be measured from these Property Lines. All visible roofs shall have the same or similar material ~ I
throughout the Dwelling Unit.
(e) Court Setback. In the event of an expansion of the Dwelling Unit, the Owner shall provide within
the rear portion of the Lot a Court having a minimum dimension of two (2) by two (2) meters and
abulling at least one (1) Property Line. (See Illustration 4.03.e)
141Page
2.00M
MINIMUM
ETBAC
COURT 'MTHIN ALTERNATIVE LOCATION OF COURT
EXPANSION AREA AT REAR
OF LOT. BOUNDED BY AT
LEAST ONE PROPERTY UNE
I~
.~
I~
A CARPORT ~
t.lAY ABUT mE SlOE
PROPERlY LINE NOT
FROtHING A STREET 1
11
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- 0::::<
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. - _._.-
STREET
COURT SETBACK
~ EXPANSION AREA ~ COURT DIMENSION
~ ALLOWED ~ (MIN. 2.0M X 2.0M)
Illustration 4.03.e - Setback for Court

(f) Basement Setback. Basements, water tanks and other structures that are located fully below grade
are required to be setback a minimum of one-half (0.5) meter from the Property Line on all sides of
the Lot Basements that are partially above grade, however, shall be setback a minimum of three
(3) meters along the side fronting a Street and two (2) meters along the side not fronting a Street
(See Illustrations 4.03.f.1 and 4.03.f.2).
Illustration 4.03.f.1 - Setback Requirement for Basement Fully Below Grade
151Page
Illustration 4.03.f.2 - Setback Requirement for Basement Partially Above Grade
(g) Carport Setback. A roof of a Carport may not abut the Property Line. Abutments may be allowed
along the Property Line not fronting a Street; provided that, the Owner shall construct a Firewall
there. The highest point of the Carport roof shall not exceed four and one-fifth (4.2) meters from the
finished floor line.
The roof of the Carport may be used as additional floor space. Should the construction on one side
of the Property Line not fronting a Street be on the Carport side, a portion of the top of the roof may
be used as living space; provided that, the minimum front Setback of three (3) meters is
maintained.
(h) Balcony Setback. Balconies located on the sides of the Lot not fronting a Street are not allowed.
Balconies fronting the Street should have a minimum setback of two (2) meters from the Property
Line adjacent to the Street. The roof over such balcony must be at least two (2) meters from the
Property Line. For construction of bay windows, a Setback of at least three (3) meters from the
Property Line is required.
(i) Code Minimum Setback. The minimum setbacks required in the National Building Code and other
relevant govemment laws and decree for the windows, apertures or balconies constructed on the
Property Line abutting another property shall be observed. The Setback shall be measured from
the Property Line to the nearest finished wall or column, or any projection from such wall or column.
(j) Firewall. Windows, openings or apertures shall not be allowed on any Firewall on the boundaries of
the Lot.
Firewall construction shall be in accordance with the National Building Code and the Fire Code.
The Firewall is required to be plastered on both sides.
(k) Swimming Pools. An outdoor swimming pool, jacuzzi, or the like may be constructed or installed
within that portion of the Lot not directly fronting a Street and at a distance of not less than two (2)
meters from the Property Line not fronting a Street. Any elevated permanent structure appurtenant
to a swimming pool such as, but not limited to, a diving board or water slide shall be constructed
height of such structure shall comply with the maximum building height requirements.
Illustration 4.03.k.)
X
from the Property Line not fronting a Street at a distance of not less than two (2) meters, and the
.A
U "of' I
161Page
1.iXI", 2.00m
MIN SIDE MIN SIDE
SETBACK SETBACK
11
I
n.._.....
- POOl OR JAClIZZI
~......... •••• OMHG BOAAO OR

WATE.~SLIDE
3~Om
MIN FRONT
SETBACK
STREET
Illustration 4.03.k. - Setback of Swimming Pool & Similar Structure
(I) Outdoor. Freestanding Structure Any outdoor, freestanding permanent landscape structure such
as a pool cabana, barbecue area, trellis, gazebo, play equipment, basketball court and the like
which is not intended for habitation may be constructed or installed on a Lot; provided that, it
complies with the minimum Setback requirements.
(m) Landscape Elements. Landscaping of the area of the Lot fronting or adjacent to a Street is
encouraged. Softscape elements, which are limited to trees, shrubs, and ground covers, may be
planted within the Setback Area. Owners are recommended to place softscape species specified in
the Design Guidelines and Pattern Book to further enhance the Modern Contemporary theme of the
Village.
(n) Hardscape Elements, such as, but not limited to, rock/boulder, sculptures, grotto, and the like, as
determined by the Declarant, may be placed or located within the Setback Area fronting a Street;
provided that, any hardscape element introduced therein shall not exceed one and one-tenth (1.10)
meters in height; provided, further, that, half of the house Fac;:adeshould be left visibly unobstructed
by the aggregate width of hardscape elements. The design of any hardscaping element introduced
to the Lot should complement the Modern Contemporary theme and look of the Residence. No
hardscape element shall be installed or constructed in or on the Lot without the prior written
approval of the Declarant.
4.04 Cutting and Filling.
(a) All cuts and fills made within a Lot shall be contained using retaining walls, rip-rap or other slope
protection measures approved in writing by a structural engineer and shall conform to the Design
Guidelines; provided that, the cuts and fills are not allowed to exceed one (1) meter measured
vertically from the Highest Lot Corner. (See Illustration 4.04.a to 4.04d.)
ROADr.
',~'
T
Illustration 4.04- Maximum Cut & Fill Allowed
171Page
I~
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ROAD
'"
a. ADJACENT LOT '""-
I
1.0 MillR (MAX.HEKlHT Of ~ll)
PROVIOE SLOPE PROTrCTION
(Ret(lining Wall. Riprop. etc)
ROAD
.~ ~'
Illustration 4.04.a. - Maximum Cut Allowed @ Section A
~l
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ORIGINAL GRADE I!
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REVISED
GRADE I~
:;::
8:, a.
1.0 METER (MAlt HEIGHT OF Fill)

PROVIOE SLOPE PROTECTION AOJAC[Nr LOr
(Retaining Wall, Riprop, ele)
Illustration 4.04.b. - Maximum Cut Allowed @ Section B
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1.0 MmR Ic:X. HEIGHT OF ~LL)
1.0 MmR (MAX. HEIGHT OF ~ll)
PROI1DE SLOPE PROTECTION PROI1DE SLOPE PROTEcnON
(Relar'9 Wail, Riprop, elc) (Retaining Wall, Riprap, etc}
ADJACENT LOT
ROAD
Illustration 4.04.c. - Maximum Fill Allowed @ Section A
181Page
~I ~I REVISED GRADE
I~
a:
il
1.0 METER~MAX. HEIGHT OF F1LL)
II ORIGINAL
GRADE
I~
a.
PROVOE SLOPE PROTECTION~ 1.0 METER (MAX. HElhHT OF FILL)

(Reto Ing WolI, Rlprop, etc) , PR0l10E SLOPE PROfECTION
(Retolnlng WolI, Rlprop, etc)
ADJACENT LOT ~ ~ FlLL ADJACENT LOT
Illustration 4.04.d. - Maximum Fill Allowed @ Section B
(b) No single retaining wall fronting a Street, Lot or Common Area shall be higher than one meter
(1.0m) measured vertically from the Sidewalk Level to the top of the retaining wall.
(c) Drainage outlets and other facilities are to be installed to prevent surface water, drainage, and
sewer from flowing or seeping into the adjacent Lots or Common Areas. The Owner shall be
responsible for providing such drainage.
(d) It shall be the responsibility of the Owner to determine the stability of the soil within the Lot prior to
undertaking any construction therein and to provide appropriate mitigating measures against
instability. All necessary retaining walls or earth protection works to protect the Dwelling Unit, the
Lot, adjacent Residences and Common Areas from landslide, soil erosion, water seepage, or other
soil instability, and to protect the drainage and utility lines, shall be the sole responsibility and for the
account of the Owner.
(e) All forms of cutting and filling are subject to prior written approval of the Declarant or the
Association.
4.05 Solar Collectors. A solar collector which is installed on a pitched roof must lie flat on the roof and be
placed so that the edges are parallel and perpendicular to the roof ridge and edges. No part of the
installation should be visible from the ridge line. Support brackets, collector frames, and exposed
pipes should be painted the same color as the roof. Pipes. wires and control devices should be
concealed. Collector frames should be placed so that they are away from public view. Collector
frames located at the side of the Building or at the ground level should be harmoniously integrated with
the Building or the topography. Installation of any solar collector by the Lot Owner is subject to the
review and prior written approval of either the Declarant or Association. (See Illustration 4.05).
SOlAR COllECTOR
p.'I1WJ.a TO IlOIJ'
EDGES SHOUUl NOl
BE l!D!ER iIWl r<lE
iUlGE l.l'E
Illustration 4.05 - Solar Collector

4.06 Antenna and Satellite Dish. Structures designed to be used as electrical or telecommunication
connections as well as exterior radio are prohibited from being installed within the Lot.
191Page
Illustration 4.06.a. - Satellite Dish
A satellite dish may be allowed within the Lot; provided that, the size of the dish shall not be more than
thirty-six (36) inches in diameter. This should not be placed in such a way that it is visible from the
Street or a Common Area and should be located within the Service Area. (See Illustration 4.06.a).
An antenna tower may be located within the side or rear portions of the Lot; provided that, the height of
the antenna shall not be greater than the distance between its location and the nearest Property Line.
(See Illustration 4.06.b.).
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Illustration 4.06.b. - Maximum Height of Antenna
Exterior installation of a satellite dish or antenna tower shall be subject to the prior written approval of
either the Declarant or the Association, and shall comply with all the applicable governmental rules
and regulations. An Owner intending to erect a satellite dish or an antenna tower on a Lot shall secure
a certification from a duly licensed structural engineer attesting to the structural integrity of the
proposed installation, which the certificate shall be submitted to the Declarant or to the Association
prior to the installation thereof. The Owner of the Lot where the satellite dish or antenna is located
shall be solely and entirely responsible for any liability, damage or injury that may arise in relation to
the installation of such structure.
4.07 Monuments -Prior to the start of any house construction or expansion work, the Owner must request
the Declarant for the determination of the location of Lot monuments. In no case shall there be any
relocation of monuments within the Lot unless found to be errant, in which case the verification of true
monument location must be bome by the Owner.
v. Walls/Fences
Prior written approval must be secured from the Declarant or the Association before the
Q</
commencement of the construction of any wall or fence. For this purpose, a complete set of plans and
detailed construction drawings shall be submitted to the Declarant or the Association for approval
within a reasonable period prior to the intended date of construction. The design of walls, fences and ~
gates should be in harmony and consistent with the overall aesthetic character of the Viliage, as
determined by the Declarant, and should be consistent with the Design Guidelines and Pattern Book.
20 I P age
~.
__ . 1
The construction of walls or fences shall conform to the following restrictions:
(a) Should an Owner decide to construct a wall or fence within a Lot, it shall be finished and
constructed of durable materials. Use of barbed wire, broken glass or chain link built by the Owner
in any part of the wall or fence is not allowed. Exposed portions of solid concrete walls or fences
shall be finished with at least plain painted plaster.
Sleel grille, pre-<:astconcrete grille andlor picket fences shall be painted finish.
(b) All walls and fences that are to be constructed on a Lot must be structurally sound. The Owner
shall be solely responsible for any damage or injury caused to, or incurred by, any person or
property arising out of, or in connection with, the construction of any wall or fence within the Lol.
(c) Guard posts for each Lot may be located along the perimeter of the fence; provided that, these
structures shall not exceed the maximum height of two and two-fifths (2.4) meters and shall not
exceed a maximum floor area of three (3) square meters. Guard posts are prohibited from
encroaching any Common Area or adjacent Lol. (See Illustration 5.c.)
O.50m
MIN. SETBACK
PROPeRTY LINE
Illustration 5.c. - Guard Post

(d) The walls, gates and fences should not obstruct pedestrian traffic on the sidewalk.
(e) Perimeter Fences along the perimeter of the village shall be constructed by the Declaranl. The
height of all perimeter fences shall be two and a half (2.50) meters concrete fence. An extra top
guard one (1) meter in height shall be added except for the side facing the Mabini Highway.
Where there are perimeter fences constructed by the Declarant, an Owner shall not alter, remove,
construct or make any attachments to the perimeter fence. The Owner may opt to construct within
hislher Lot a fence parallel to the perimeter fence constructed by the Declarant, and such interior
shall not exceed the height of the perimeter fence provided by the Declaranl. (See Illustration of
"Fences Constructed by Declarant" on page 24)
In the event that any damage to or deterioration of the perimeter fence occurs, the restoration or
rectification thereof shall be the responsibility of the Owner.
(I) For all Lots, except for Park Lots, the maximum fence height installed within the Lot boundaries
fronting a Street or Alley shall not exceed two (2) meters in height measured from the Finished
Grade Level of the sidewalk of such Street or Alley to the highest point of the fence or gate. The
maximum height of the solid concrete fence shall be one (1) meter measured from the Finished
Grade Level of the sidewalk.
The maximum fence height installed within the Lot boundaries not fronting a Street nor Alley shall
be two and a half (2.50) meters measured from the Finished Grade Level of the sidewalk of such
Street or Alley to the highest point of the fence or gate. The maximum height of the solid concrete
fence shall be two (2) meters measured from the Finished Grade Level of the sidewalk. (See
Illustration 5.1.)
211Page
Illustration 5.f. - Maximum Height of Combined Solid & Grilled Fence
/
(g) For Park Lots along Park Easements, the maximum fence height installed within the Lot boundaries
fronting a Park shall be two (2) meters measured from the Finished Grade Level of the boundary
facing the Park to the highest point of the fence or gate. A pedestrian gate can be installed along
the fence facing the Park Easement as a passageway from the Lot to the Park Easement with a
maximum width of one (1) meter.
The maximum fence height installed within the Lot boundaries fronting a Street shall be two (2)
meters measured from the finished sidewalk to the highest point of the fence or gate. The
maximum height of the solid concrete fence shall be one (1) meter measured from the finished
grade level of the sidewalk.
The maximum fence height installed within the Lot boundaries not fronting a Park Easement, nor a
Street shall be two and a half (2.50) meters measured from the finished grade level of the boundary
to the highest point of the fence or gate. The maximum height of the solid concrete fence shall be
two (2.0) meters measured from the finished grade level of the boundary. (See Illustration 5.g.)
221Page
,- - VEHIQJLAR GATE
I
/
Illustration 5.g. - Maximum Height of Combined Solid & Grilled Fence
(h) A fence may be constructed on top of a retaining wall; provided that, the fence shall be no more
than one (1) meter in height measured from the top of the retaining wall to the highest point of
fence. (See Illustration 5.h.)
SOLID CONCRETE PANELS
OR CONCRETE HOLLOW
BLOCKS
STEEL GRILLE, CYCLONEIMESH

WIRE PRE-CAST CONCRETE
GRILLE AND/OR WOODEN
PICKET FENCE
Illustration 5.h. - Maximum Height of Fence above Retaining Wall
if1
(i) Window Grilles. Grilles installed on windows of a Dwelling Unit are allowed; provided that, these are
constructed at the interior side of the windows. No window grille shall be allowed on the exterior
""' ••""d~
23 I P age
OL O' Ol O[ 0 A
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.IN\QIV1::>30 AS 03.l::>ml.lSNO::> S3::>N3.:1
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VI. SpecialRestrictions
6.01 Typical Expansion and Minimum Setbacks. Unless otherwise specified for a Special Lot, the
horizontal and vertical expansion of each Home Unit shall comply with, and be subject to, the rules set
forth in this Section 6:
For all Lots, horizontal and vertical expansions to two (2) storeys are allowed only on the one side
facing the Carport and the rear. setback. For all cases where said expansions are allowed, however,
construction within the three (3) meter setback fac:;inga Street and the two (2) meter setback on the
side opposite the Carport are not allowed. There should be a Court with a minimum dimension of two
(2) meters wide and two (2) meters deep within the two-storey expansion, bound by at least one
Property Line.
One (1) and two (2) storey expansion provisions of a Lot within a Village Home Model shall be
applicable to a Lot with a Custom-Designed Home.
Utilities and accessories such as a condensing unit, an elevated water tank and the like shall not be
constructed or installed on any part of the Lot or Dwelling Unit which is visible from the Spine Road,
Street, and Parks.
All final expansion plans shall be duly signed and sealed by an Architect and Structural Engineer by
the Owner, for submission to and approval of the Declarant or the Association.
ALTERNATIVE LOCATIONS
OFOPENCOURT 2.00M
MINIMUM
SETllACK
COURT WITIIrN
EXPANSION AREA
AT REAR OF LOT, :l; ~
/ l:1~N
BOUNDBYAT ~ ~~ g
lEAST ONE
PROPERTY LINE
~ ~ "
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LOT
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3.00M
MINIMUM
CARPORT
SETllACK
~U
STREET
Illustration 6.01.a. - Maia
TYPICAL EXPANSION
[XXXI 2-STOREY EXPANSION
I222J STRUCTURE ALLOWED
M COURT
~ (MIN. 2.0M X 2.0M)
251 p age
AI..TERNA TlVE LOCATIONS
, 2.00M , OF OPEN COURT , 2.otlM •
bMtNlM~ MINIMUM
!'MENSI I SETllACK
FIREWALL OPERTY LINE
COURT WITHIN
EXPANSION AREA:::E -
AT REAR OF LOT. 8 ffi
BOUND8YAT.... ;:I
LEAST ONE
PROPERTY LINE
LOT LOT
(BUILDING UNE
3.00M
MINIMUM
~_ CARPORT
'-' SflBACK
STREET
Illustration 6.01.b. - Thea
TYPICAL EXPANSION
7~)<X2.STOREY EXPANSION
/-)<,v STRUCTURE ALlOWED
rrrmi ROOFED
WilllI SERVICE AREA
6.02 Expansion of Special Lots A. Special Lots A are the Alley Lots enumerated below and as shown on
Illustration 6.02.a. Special Lots A - Alley Lots Location.
No expansion is allowed at one side of the property adjacent to an Alley. Expansion is allowed on two
(2) sides only not fronting a Street, as also illustrated in Illustration 6.02.b.
For Lots having one side of the property adjacent to an Alley and rear property line adjacent to Park or
Easement, expansion is allowed at both sides of the Property.
However, at the side opposite the Carport with Property Line adjacent to the Alley, a two (2) meter
Setback shall be provided. No expansion shall be allowed at the rear with Property line adjacent to the
Pak or Easement, except for a Service Area wherein the maximum height shall be two and a half
(2.50) meier high from finish grade line to the Roof Apex as shown in Illustration 6.02.c.
Utilities and accessories, such as condensing units, elevated water tank and the likes shall not be
constructed visible from the Street.
261 P age
Illustration 6.02.a.
LEGEND:
SPECIAL LOTS A
.:1 -Al..LEYLOTS
ALLEY LOTS LOCATION

Avida Settings Cabanatuan AINJ P""I~_~~iiiiii_:
V 0102040 70
271Page
ALTERNATIVE LOCATlONS
• 2.00M • OF OPEN COURT • 2.ooM •
MINIMUM I LOT MINIMUM
lMENSloN SElllACK
FIREWALL PROPERTY UNE
COURT WITHIN
EXPANSION AA.E/I ::E
AT REAR OF lOT, :s
BOUND BY AT N
LEAST ONE
f-
PROPERTY LINE Z w
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t~ ALLEY
LOT
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1;1
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MINIMUM
CARPORT
C; SE11lACK
<:t7- -
STREET
Illustration 6.02.b.
ALLEY LOTS EXPANSION
WITH ALLEY ADJACENT TO SIDE PROPERTY LINE
IX;' <>~
Y:Y..Y
2.STOREY EXPANSION
STRUCTURE ALLOWED
mrmRooFEO
lliWJI SERVICE AREA
GROUND FLOOR
EXPANSION MAY ABUT
2.00M
AT REAR BUT WITH A
MAXIMUM HEIGHT OF PARK I EASEMENT Ml IMUM 51 E
2.50M FROM FIN. GRADE ETBACI<
LINE TO ROOF APEX PROPERTY UNE
NO EXPANSION IS ALLOWED AT
THE REAR PROPERTY EXCEPT
AT SERVICE AREA
VERTICAL FLOOR
VERTICAL FLOOR
EXPANSION ABOVE
EXPANSION MAY BE
'CARPORT AND MAY
ALLOWED BUT MAY
ABUT AT SIDES NOT
NOT ABUT AT SIDE OF
FRONTING A STREET
PROPERTY UNE
ALLEY
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PROPERTY UNE
I
3.00M
MINIMUM CARPORT
SETBACK
Illustration 6.02.c.
ALLEY LOTS EXPANSION
WITH ALLEY ADJACENT TO SIDE
AND PARK ADJACENT TO REAR PROPERTY LINE
[g.x.X)X 12.STOREY EXPANSION fflllilli ROOFED

STRUCTUREALLOWED IWlill SERVICE AREA
281 P age
6.03 Expansion of Special Lots B. Special Lots B are the Park Lots and Easement Lots enumerated
below and as shown on Illustration 6.03.a. Park and Easement Lots Location.
No expansion is allowed at one side of the property adjacent to a Park or Easement. Expansion is
allowed on two (2) sides only not fronting a Street, as also illustrated in Illustration 6.02.b to 6.02.c.
Park and Easement Lots 1 refers to Block 1 Lots 6 to 18, Block 2, Block 3, Block 17 Lots 5 to II,
Block 29, and Block 30 Lots 1 to 5.
However, at the side opposite the Carport with Property Line adjacent to the Park or Easement, a two
(2) meter Setback shall be provided. No expansion shall be allowed at the rear with Property line
adjacent to the Pak or Easement, except for a Service Area wherein the maximum height shall be two
and a half (2.50) meter high from finish grade line to the Roof Apex as shown in Illustration 6.02.c.
Park and Easement Lots 2 refers to Block 17 Lots 12 to 31, Block 26 Lots 1 to 28, and Block 30 Lots
13to 14.
However, vertical expansion shall only be allowed at the Carport side. Only Horizontal or One (1)
expansion shall be allowed at the rear with Property line adjacent to the Easement as shown in
Illustration 6.02.d. A firewall and a court shall be provided if expansion should abut the property line.
cY
i
291 P age
\
LEGEND:
- PRO>'6<T"
Illustration 6:03.a. • PARK f EASEMENT

lOTS 1
SPECIAL LOTS B - PARK I EASEMENT

LOTS 2
PARK AND EASEMENT LOTS LOCATION

Avida Settings Cabanatuan I"!I""'I~-iiii""~'iiiiiiiiiiiiiil'
010204070
30lPage
GROUND flOOR PARK I EASEMENT
EXPANSION MAY ABUT
AT REAR BUT WITH A
MAX. HEIGKT OF 2.5OM ~ 2.00M
FROMFINISHED GRADE 3.:M ~
LINE TO ROOF APEX. I ?RPORTI ~~
I ;..
NO EXPANSION IS ALLOWED
~~ AT THE REAR PROPERTY
~~ EXCEPT AT SERVICE AREA.
LOT
GROUND FLOOR EXPANSION

MAY ABUT AT FRONT
OF PROPERTY
.. ,PROPERTY LINE .••. LINE NOT FRONTING
A STREET.
STREET
3.00M
MINIMUM
I LOT
SETBACK
PARK/EASEMENT LOTS 1 EXPANSION
WITH PARKIEASEMENT ADJACENT TO REAR PROPERTY LINE
!~x')<.>~
2-5TOREY EXPANSION
XX). STRUCTURE ALLOWED [[]]]]
ROOFED
SERVICE AREA
I~
~ ~
'-.'ll-STOREY EXPANSION
STRUCTURE ALLOWED
GROUND flOOR
EXPANSION MAY ABUT
2.00M
AT REAR BUT WIll! A
MI IMUMS! E
MAXIMUM HEIGHT OF PARK I EASEMENT
2.5OM FROM FIN. GRADE ETBACK
LINE TO ROOF APEX PROPERTY UNE
NO EXPANSION IS AllOWED AT
THE REAR PROPERTY EXCEPT
AT SERVICE AREA
VERTICAL FLOOR
VERTICAL FLOOR
EXPANSION ABOVE
EXPANSION MAY BE
CARPORT AND MAY
f- AllOWED BUT MAY
ABUT AT SIDES NOT Z NOT ABUT AT SIDE OF
FRONTING A STREET W
:; PROPERTY LINE
w
LOT (/l
iii
"~
a:
PROPERTY lINE
STREET
3.00M
MINIMUM CARPORT
SETBACK
PARK/EASEMENT LOTS 1 EXPANSION
WITH PARKIEASEMENT ADJACENT TO BOTH REAR AND SIDE OF PROPERTY
IN.Y
82. >,
.>vV 2.STOREY EXPANSION
STRUCTURE ALLOWED
mTfTII
WJl1!J
ROOFED
SERVICE AREA
311Page
EASEMENT
~QO~ HORIZONTAL FLOOR
MINIMUM SIDE
EXPANSION MAY BE
iSET8ACKI
ALLOWED AT THE REAR
,,-;' 1 FIREWAlL PROPERTY LINE .r ...•
". /
'\ ~
o
~
,,«
SIDE BUT PROVIDED
~ ~ WITH A COURT
S, :;~ o =>"
N ~ti:i
ZOO
~ VERTICAL FLOOR
EXPANSION ABOVE
CARPORT AND MAY
ABUT AT SIDES NOT
FRONTING A STREET
LOT LOT
" PROPERTY LINE
STREET
0' '.
2.STOREY EXPANSION
STRUCTURE ALLOWED
[~HOOFED
'.'i IiSEHVICE AREA
O l-STOREY EXPANSION
STRUCTURE ALLOWEO
6,04 Expansion of Special Lots C. Special Lots C are the Entry Park Lots enumerated below and as
Shown on Illustration 6.04.a. Entry Park Lots Location.
For all Entry Park Lots, no expansion is allowed at the side of the property fronting a Street, may not
abut property lines adjacent to the Entry Park.
constructed visible from the Entry Park and Spine Road.
(a) Entry Park Flag Lots Expansion. These shall refer to Block 1, Lot 5 and Block 17, Lot 4, see
Horizontal and vertical expansions to two (2) storeys are allowed at the side of the Carport and at
the opposite side. However, expansions at the side opposite the Carport shall have a two (2) meter
setback from the Property Line, which is adjacent to the Entry Park.
No expansion shall be allowed at the rear property except for the Service Area.
(b) Entry Park Inner Lot Expansion. This shall refer to Block 17, Lot 3 in particular, see Illustration
6.04.c.
Horizontal and vertical expansions to two (2) storeys shall be allowed only at the side of the(f'
Carport, One (1) storey expansion may be allowed at the side opposite the Carport.
No expansion shall be allowed at the rear property except for the Service Area.
(c) Entry Park Comer Lot Expansion. This shall refer to Block 17, Lot 1, see Illustration 6.04.d.
Horizontal and vertical expansions to two (2) storeys are allowed at the rear side and at the side
opposite from the Carport, but shall have a three (3) meter setback from the Property Line, which is
adjacent to a Street. However, the rear expansion shall be provided with a Court.
321 P age
Horizontal expansions at the side of the Carport shall only be one (1) storey high wherein the
maximum height shall be two and a half (2.50) meter high from finish grade line to the Roof Apex.
(d) Entry Park End Lot Expansion. This shall refer to Block 1, Lot 1, see Illustration 6.04.e.
Horizontal and vertical expansions to two (2) storeys are allowed at the rear side and at the side of
the Carport. However, the rear expansion shall be provided with a Court.
No expansion shall be allowed at the side opposite the Carport wherein the Property Line is
adjacent to a Street.
"""
\
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• PROPERTY
~ - ENTRY PARK INNER LOT
~ -fNTRYPARKFlAGLOT
KEY PLAN 1m - EN'TRY PARK END LOT
~ • ENTRY PARK CORNER lOT
Illustration 6.04.a.
SPECIAL LOTS C
MAIN ENTRY PARK LOTS LOCATION

Avida Settings Cabanatuan
331 P age
GROUND FLOOR
EXPANSION MAY ABlIT
2.00M
AT REAR BlIT WITH A
MAXIMUM HEIGHT OF Ml IMUM 51 E
2.50M FROM FIN. GRADE ENTRY PARK ETBACK
PROPERTYLlNE
LINE TO ROOF APEX
NO EXPANSION IS AU.OWED AT
THE REAR PROPERlY EXCEPT
ATSERVtCEAREA
VERTICAL FLOOR
VERTICAL FLOOR
EXPANSION ABOVE
EXPANSION MAY BE
CARPORT AND MAY z ALLOWED BlJT MAY
ABUT AT SIDES NOT
Q0 NOT ABUT AT SIDE OF
FRONTING A STREET
~ ~ PROPERlY LINE
~O ::r:::
~j l:l:
0«
z
ct
~
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Z
W
PROPERTY LINE
3.00M STREET
LOT
MINIMUM CARPORT
SETBACK
ENTRY PARK FLAG LOTS EXPANSION
ffilTllI ROOFED
x>
[&'<:12.STOREY EXPANSION
STRUCTURE ALLOWED lil.LWI SERVICE AREA
~ I-STOREY EXPANSION
,,,-,,-STRUCTURE ALLOWED
2.00M
iNIMUM ENTRY PARK
-'- TBAClj
=. NO EXPANSION IS ALLOWED
GROUND FLOOR
EXPANSION MAY ABUT
" "u
8. ,,'" AT THE REAR PROPERTY AT REAR BUT WITH
zl!!
N
r ~~L EXCEPT AT SERVICE AREA. A MAXIMUM OF
2.50M. HIGH
~ VERTICAL FLOOR
GROUND FLOOR ~ EXPANSION ABOVE
EXPANSION MAY- ~'''- CARPORT AND MAY ABUT
ABUT AT SIDE OF "- ,. , AT SIDES NOT FRONTING
PROPERTY LINE. ~[ A STREET.
LOT ~.,x>(,<.:
~~~i
~v,X/'
to') gw
rPROPERTY LINE
"'"
"-",
STREET
ENTRY PARK INNER LOT EXPANSION
'"x\-'; 2.STOREY EXPANSION ffilTllI ROOFED
><,("'." STRUCTURE ALlOWED lil.LWI SERVICE AREA
1""-'
,,:y'II-STOREY EXPANSION
STRUCTURE ALLOWED
341Page
VERTICAL FLOOR
3.00M EXPANSION MAY BE
MINIMUM SIDI ALLOWED AT THE REAR
SETBACK LOT SIDE BUT PROVIDED
.r PROPERTY UNE FIREWAlL 0:: WITH A COURT
G
ch ~
o:":X>l'X'X'><==
J>:r /:! ~
g ~
N
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VERTiCAl FLOOR
EXPANSION MAY BE
i ~
HORIZONTAl
AllOWED BUT MAY ~ EXPANSION MAY BE

ALLOWED BUT WITH A
NOT ABUT AT SIDE OF
MAXIMUM HEIGHT OF
PROPERTY LINE ~o
~w
2.5OM FROM FIN. GRADE
LINE TO ROOF APEX
Iii ~;:
W ~g
go w;;! ENTRY PARK
(J) ~
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e ,,~
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d1 ~I~::I
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-=-
r PROPERTY UNE
STREET
3.00M
~
'f' 'i'
MINIMUM CARPORT
SETBACK
Illustration 6.04.d.
ENTRY PARK CORNER LOT EXPANSION
1~";12.STOREY EXPANSION IIlTfTTlI ROOFED

XX), STRUCTURE ALLOWED lllillllI SERVICE AREA
~""II-STOREY EXPANSION
,,,- "- STRUCTURE ALLOWED
42.OOM6 VERTICAL FLOOR
M~IMUMSIPE LOT 1 EXPANSION MAY BE

ETBAC~ ALLOWED AT THE REAR
~ / :!I~o
FIREWALL ___PROPERTY LINE .C'\ a:: SIDE BUT PROVIDED
(' I '~&XX>&\ n'ltiCl!
,'\'
.,1 ~ x g ~i'a
WITHACOURT
" }~ )0 N ::djj
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!
.z
~ VERTiCAl
EXPANSION
CARPORT
FLOOR
ABOVE
AND MAY
'"
0:: 2"
~~
ABUT AT SIDES NOT
it FRONTING A STREET
~g
w;;! LOT
~ o
z z
w
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,- PROPERTY UNE ,
,.; "W
~rn
(Ij '?
STREET
~
I 3.00M
r'i' "
CJ
MINIMUM CARPORT
SETBACK
Illustration 6.04.e.
ENTRY PARK END LOT EXPANSION
f'X>~
>-..~<> 2.STOREY EXPANSION
STRUCTURE ALLOWED fTillll ROOFED
lllillllI SERVICE AREA
~
351 P age
n
VII. Vehicular Entrances and Driveways
7.01 No entrances or exits shall be located at circular curves at Street intersections. Vehicular access and
gates to Courtyard Corner Lots and Courtyard Corner Through Lots should be oriented towards the
adjacent major roads and throughways. (See Illustration 7.01)
vehicular entrancesl exit

r---- --- -- are NOT allowed along
j, street intersection.
1
Illustration 7.01 - Vehicular Entrance at Street Intersection

7.02 Vehicular driveways shall have an aggregate width not exceeding seven (7.0m) meters.
7.03 The Owner shall be responsible for providing a driveway and/or walkway from the curb of the Street to
the Property Line of his/her Lot with such driveway and/or walkway having a Finished Grade Level that
shall be the same as the sidewalk or the Street fronting the Lot. Inclined driveways are not allowed
from the curb of the Street to the Property Line of the Lot. (See Illustration 7.03)
NOTALlOWEO
AllOWED
Illustration 7.03- Driveway from Sidewalk
In no case shall the Lot Owner alter any portion of the sidewalk fronting his/her Lot. In the event that it
is necessary that part of a sidewalk fronting a Lot be excavated for purposes of, or otherwise affected
by, any construction (e.g., sanitary or water line pipe installation, landscaping, or driveway
u
construction), the Owner shall secure the written approval of the Declarant or the Association prior t
the commencement of any construction and restore the sidewalk to its original state immediately as
possible for the Owner's account.
No Owner shall remove, transfer, or alter any lamppost, street sign, street tree, ramps, paths,
manholes, utility devices or other facilities whether above or below ground found outside the Lot, ~
without the prior written consent of the Declarant. . Should such removal, transfer or alteration be
approved by the Declarant, it shall be done at the expense of the Owner. .
361 P age
VIII. Utilities
8.01 Structures such as poles, posts, and similar structures intended to be used as electrical or
telecommunication poles, which exceed nine (9) meters in height, are prohibited from being installed
within the boundaries of the Lot.
8.02 No air-conditioning equipment, including fans, ventilators or similar devices shall be placed on the roof
or Fac;:adeof the Dwelling Unit facing a Park, and shall, in any case, be concealed from public view
through planting and/or screening.
8.03 The Owners and the Association shall allow public utility companies to conduct maintenance or
development works approved or required by the Declarant.
8.04 Eleclricallines provided in the Village are single-phased. Accordingly, no three-phased appliances are
allowed to be provided, used or operated within any Lot or Common Area.
8.05 The Owner shall be responsible for securing and restoring tapping points for all utility lines. (See
Illustration 8.05)
w
~I
~I
~I
a..
;
i SERVICE
ELECTRICAL ENTRANCE
POST POLE
Illustration 8.05- Underground Utility Lines
8.06 All utility lines shall be tapped to designated tapping points and discharge outlets. All drainage flowing
from the Lot should be collected and directed into the Village storm drain system and shall be
consistent with the Surface Water/Storm Water Management System of the Village. Gutters,
downspouts and drainage within the Lot and improvements thereon shall be located and installed in a
manner that prevents water run-off and drainage from adversely affecting adjacent properties.
8.07 A tapping point for sewage and storm water drainage shall be provided by the Declarant in each Lot.
The Owner shall construct and maintain, at his own expense, the necessary drain and/or piping
systems, (including channels, pumps, and other utilities) within the boundary of the Lot to intercept and
convey storm water and sewage to the nearest sewer and drainage connection.
8.08 The Owner shall construct a septic vault (I.e. in accordance to the provisions set forth by the Sanitary
Code of the Philippines) prior to connection into the Village sewer collection system. Grease traps are
required to be incorporated in the sanitary treatment system for each Residence.
8.09 Storm water or sewage shall not be discharged directly into the Common Areas. Each Owner shali I
provide adequate catch basins and/or area drains within his/her Lot to intercept storm run-off from the
roof and open areas of his/her Lot prior to discharge into the drainage lines of the Village. These catch
basins shall have a base of permeable surface (gravel or sand) to allow for the percolation of storm
water into the soil for aquifer recharge. (See Illustration 8.09)
~
I
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1I
I
TAP10 UNDERGROUND 'CATCHBASIN OR

CANAl DRAmltGE ARfA DRAm
Illustration 8.09- Drainage Tapping
8.10 No Owner shall be allowed to install any drainage line outside his/her Lot without the written approval
of the Declarant or its corporate successors. Boring through the concrete curbs and gutters is not
allowed. The construction of any form of drainage from the Lot directly into the Street is prohibited. All
drainage should be connected into the drainage lines provided along the Streets.
8.11 Each Owner shall be responsible for securing all utility services for his/her Residence. The Declarant
and/or the Association make no representation regarding the quality and availability of service for any
utility service rendered by third parties.
8.12 Deepwells are not allowed within the Lots. All Lots shall be connected to the main water facility of the
Village. The connection shall be made before the water meter. No direct suction from the water main
is allowed.
8.13 Booster pumps and pressure tanks shall be setback a minimum of three (3) meters along the side of
the Lot fronting a Street and two (2) meters along the side of the Lot not fronting a Street.
8.14 The Owner shall secure all the necessary permits prior to connection to any utility line.
8.15 A booster pump directly connected to the water main shall not be allowed.
Booster pumps are allowed; provided that, these are connected to the individual cistern or tank to be
provided by the Owner, which is directly connected to the waterline of the Village. (See Illustration
8.15)
381Page
WATERUNE STORAGE
TANK ALLOWED
BOOSTERPUMP NOT
AllOWED TO DtREcn.V
TAP TO MAIN WATERtiNE
i8' _._
.-
WATERUNE PUMP
NOT ALLOWED
Illustration 8.15 - Booster Pump Tapping
8.16 An elevated water tank shall not be allowed to be constructed by the Owner inside his Lot. The Owner
can provide an underground water storage tank with a booster pump.
IX. Power Generating Sets
9.01 Noise Level - The installation of any power generating set shall require the prior written approval of
the Declarant or the Association and shall comply with the noise level limit prescribed by government
regulation. A power generating set may only be used during power outages.
9.02 Housing Enclosure and Setback - An Owner may have a power generating set with a capacity of at
least five (5) kva. A generating set, in addition to other installation requirements prescribed by the
manufacturer thereof, must be installed in a separate housing enclosure for the purpose of concealing
the same from public view and minimizing any noxious and hazardous effects. The housing enclosure
of the power generating set shall have a maximum Building height of three (3) meters from the top of
the sidewalk level and must be installed three (3) meters away from the Properly Line fronting a Street
and two (2) meters away from the' Properly Line not fronting a Street. Further, the power generating
set shall be setback one (1) meter from any side of the exterior wall surface of the housing enclosure.
9.03 Abatement of Noise and Fumes - Appropriate noise and fume abatement measures should be
provided by the Owner. Each Owner shall be fully responsible for any incidents caused by the
installation and/or use of a said power generating set within his/her Lot.
X. Noise
No noise or other nuisance shall be permitted to exist or operate upon any portion of a Lot or Common
Area and within the Village which may be or become offensive or detrimental to any other portion of
the Lot or Common Area, to the occupants of the Lot or adjacent Lots, or to other residents of the
Village. Without limiting the generality of the foregoing, if any noise or nuisance emanates from any
structure or improvement on any Lot, the Declarant or the Association may take such reasonable
actions necessary to terminate such noise (including silencing any burglar or break-in alarm).
ge
I
I
XI. Construction
11.01 Site Conditions. Prior to the construction of a Dwelling Unit or any structure on a Lot, the Owner shall
conduct such measures, including engaging the services of professional and registered specialty
engineers, for the.purpose of determining the site conditions of, and within, the Lot that may affect the
design or structure of the Dwelling Unit or structure. Such site conditions include, but are not limited
to, soil conditions, bearing capacity, soil stability, presence of expansive soils and the like, or the
presence of water tables, aquifers and the like.
It shall be the sole responsibility of the Owner to determine the suitability of the design or structural
integrity of the Dwelling Unit or Building or any structure in relation to the site conditions.
11.02 Designs and Plans. Designs for the Dwelling Unit or Building, including any eventual improvements
thereon, shall have complete plans, details and material specifications with accordance to the Design
Guidelines and Pattembook, and shall be duly signed and sealed by professional architect/engineers.
The plans and documents shall be submitted to the Deciarant or the Association for evaluation and
approval, not later than thirty (30) days prior to the intended commencement date of construction. The
Declarant and/or the Association, in approving the plans and specifications of the Dwelling Unit or
Building, makes no representation as to the suitability of design or structural integrity of the Dwelling
Unit or Building in relation to the site conditions or requirements of the Owner.
11.03 Completion of Construction. All construction commenced on the Lot shall be completed within a
reasonable time after the start of construction thereof in accordance with the plans and specifications
so approved by the Declarant and/or the Association. The Declarant and/or the Association shall have
the right to inspect all such construction work at reasonable times to ensure the compliance with such
plans and specifications.
11.04 Construction Guidelines. The Declarant or the Association may adopt construction guidelines
pertaining to the commencement and the completion of construction works, uncompleted construction
and abandoned structures. The Declarant and/or the Association may also impose additional
conditions in connection therewith and exercise such other powers to implement the same.
The Declarant or the Association (as applicable) reserves the right to hold construction and/or order
changes in any structure which does not, at any point, conform to this Deed of Restrictions and the
plans approved by the Declarant or the Association. Any expense related thereto shall be for the
account of the Lot Owner.
11.05 Construction Bond. A construction bond in an amount to be determined by the Declarant or the
Association (as applicable) shall be required to be posted by an Owner prior to the commencement of
any construction work on his/her Lot for the purpose of securing and answering for any damage and/or
injury that may be caused thereby to the other Lots in the Village, the Streets, utility easements or
other properties of the Declarant or the Association, or to third persons.
The construction bond will be discharged by the Declarant or the Association without interest, and net
of the amount of all damages, charges, penalties and dues upon: (a) the issuance by the appropriate
govemment agency of a Certificate of Occupancy for the Dwelling Unit or Building; and (b) the
determination by the Declarant or the Association of the proper completion of the Dwelling Unit or
Buiiding in accordance with the plans and specifications approved by the Declarant or the Association
and of the readiness of the Dwelling Unit or Building for use and/or occupancy.
XII. Home Expansion
The approval by the Declarant or the Association of any construction drawings, plans or other
proposed structures, including, but not limited to, proposed modifications for horizontal and/or vertical
home expansion, which require the approval of the Declarant or the Association under this Deed of
Restrictions, does not constitute a certification by the Declarant or the Association of the structural
integrity of any such structure constructed or installed on the Dwelling Unit and/or the Lot. The Owner
shall be solely responsible for the structural integrity of any modification, which he/she/it may introdu e
with respect to the Dwelling Unit.
XIII. Use of Streets and Common Areas
13.01 The Declarant shall have perpetual and assignable right-of-way over all the roads and the Common
Areas within the Village. It shall have the right to determine which portions of the Common Areas shall
be jointly shared by the Association with the homeowners associations of other residential projects
adjacent to the Village that may be developed by the Declarant. (See Illustration of "Common Areas
Plan" on page 9.)
13.02 Each Owner of a Lot located adjacent to Common Areas such as parks or sports facilities
acknowledges that he/she is fully aware of the Lot's location relative to such Common Areas and
accepts the same as is, including any potential hazard or nuisance that such a location may entail.
Each Owner of such Lot hereby releases, discharges and agrees to hold the Declarant and the
Association harmless against any and all claims, damages, liabilities, and obligations regarding the
use, design, and location of the Common Areas.
13.03 Stickers may be issued by the Declarant or the Association to the Owners and other third parties,
when applied for by such Owners and third parties, with a corresponding fee therefore, for the purpose
of regulating the use and access to the roads within the Village. Other sticker classifications or entry
permits for trucks, jeepneys, and the like may be issued at the discretion of, and subject to the rules
prescribed by, the Declarant or the Association.
13.04 The Association shall impose traffic rules and regulations as well as penalties for violating such rules
and regulations. In addition to the applicable charges which may be filed against offenders or
violators under relevant law or government regulation, traffic infractions and violations within the
Village shall be subject to appropriate action by the Association in accordance with the applicable rules
and regulations it adopted. Traffic infractions and violations shall be referred to government
authorities notwithstanding any action that may be taken by the Association on such infractions and
violations.
13.05 Practice driving is strictly prohibited within the Village.
13.06 A speed Limit of twenty (20) km/hr on inner roads and thirty (30) km/hr on main roads shall be strictly
implemented.
13.07 No Street or Park may be used for overnight or long-term parking and/or washing or maintenance of
any vehicle; provided, however, that, subject to security measures and traffic regulations adopted by
the Association, temporary parking of vehicles may be allowed on designated areas or roads.
Penalties against erring Owners shall be imposed by the Association for carslvehicles left outside
designated parking areas or Garages. Continuous infractions shall be referred to the local government
authorities for immediate action. The Association reserves the right to remove vehicles violating
parking regulations at the cost of the Owner.
13.08 No commercial vehicles, boats, trailers, mobile homes, trucks or trailers used to store or transport any
of these vehicles shall be permitted to be parked or stored in the Streets or Common Areas or on any
vacant Lot in the Village.
13.09 Parallel parking along the road may be allowed by the Association for the temporary parking of
vehicles driven by guests and visitors.
13.10 Motorized vehicles shall be prohibited from the bike lanes and bike trails. Likewise, parking along the
bike lanes and bike trails is prohibited at all times.
XIV. Maintenance Easements

14.01 The Declarant and/or the Association shall have perpetual right-of-way and easement on each
every Lot for the purpose of maintaining the utilities and the Common Areas, and providing such other
services to the Owners.
14.02 The Declarant and/or the Association shall have a perpetual easement and right on, over, under and
through the ground on all Lots and Common Areas within the Village to inspect, maintain and correct
the drainage of surface water and other erosion control measures. This easement includes the right to
41jPage
cut any trees, bushes or shrubbery, grade soil, or to take any other action reasonably necessary for
health or safety or to comply with governmental requirements. The Declarant and/or the Association
shall give prior written notice to the affected Owners (except in case of an emergency), and shall
restore the affected property to its original condition as nearly as practicable. This easement may be
exercised at the option of the Declarant and/or the Association, and shall not be construed to obligate
the Declarant and/or the Association to take any affirmative action as to such conditions.
XV. Annexation
Additional parcels of land or developments thereon, if any, whether or not such parcels are contiguous
to the parcels of land comprising the Village, may be annexed by the Declarant to the Village from time
to time and in the sole discretion of the Declarant without need for consent of the Association or the
Owners.
The Declarant shall effect such annexation by executing a Supplement to this Deed of Restrictions
which shall:
i. Describe the real property annexed and designate the permissible uses thereof; and
ii. Adopt and set forth any new or modified restrictions or covenants which may be applicable to such
annexed property, and declare that such annexed property is held, and shall be held, conveyed,
encumbered, leased, rented, used, occupied or improved subject to the provisions of this Deed of
Restrictions. Upon the execution of such Supplement, the annexed area shall become a part of
the Village, as fully as if such area were originally part thereof.
XVI. The Design Guidelines and Pattern Book

It is understood that the purpose of the Design Guidelines and Pattern Book is not to produce stylistic
conformity, but individual harmony among developments in the Village, through the common use of
. similar architectural proportions, elements and materials.
XVII. The Deed of Restrictions
Effectivity Date July 1, 2011 (License To Sell)

17.01 Period of Restrictions. All the restrictions, easements, reservations, and conditions enumerated
herein shall be valid and binding from July 1, 2011. hereotand shall run for a period of fifty (50) years
from the date of incorporation of the Association, unless otherwise extended by a majority of the Board
and two-thirds of the members.
The Association, the Board or other governing body of the Village may impose such other restrictions
other than those contained herein; provided that, such additional restrictions shall not in any way or
manner diminish, amend or change the restrictions, covenants and conditions herein stated, and
provided further that, the condition that the use and occupancy of the Lot for residential purposes by a
single family may not be revised, amended or changed by the Association or by any governing body of
the Village.
17.02 Enforcement of Restrictions. The Declarant and/or the Association, their corporate successors or
authorized representatives shall have the right, during reasonable hours of the day, and upon due
notice, to enter and inspect any structure constructed on the Lot to ascertain compliance Wi~h
restrictions herein.
In the event of a violation or breach of any of the provisions of this Deed of Restrictions, the Declara
and/or the Association or their corporate successors shall have the right to proceed, in law or in equity,
to compel compliance with the terms hereof or to prevent the violation or breach of any of them. The ~
failure to enforce any right, reservation, restriction or condition contained herein, however long
continued, shall not be deemed a waiver of the right to do so thereafter as to the same breach.
The Declarant and/or the Association, their corporate successors or authorized representatives,
reserve the right, in case of any violation or breach of any of the foregoing restrictions, to enter the Lot
421 P age
,
I •
upon which or as to which such violation or breach exists, and to summarily abate and remove, at the
expense of the Owner thereof, any structure, thing or condition that may be or exist thereon, and the
Declarant andlor the Association, or their corporate successors or authorized representatives, shall not
by reason thereof, be deemed guilty of any manner of trespass for such entry, abatement or removal.
Further, the Declarant andlor the Association, or their corporate successors or authorized
representatives, may enjoin, abate or remedy, by appropriate legal proceedings, either in law or in
equity, the continuances of any breach of this Deed of Restrictions.
The Association reserves the right to impose penalties for any violations against its rules and
regulations in addition to the applicable conditions in the relevant sale agreements entered into by the
Owners and the Declarant.
The Association may suspend all voting rights, if any, all rights to use the Common Areas, and all
other rights or privileges of membership of any Owner for any period during which any assessment or
other obligation remains unpaid, or during the period of any continuing violation of the provisions of
this Deed of Restrictions by such Owner after the existence thereof has been declared by the
Declarant andlor the Association.
The Declarant shall maintain an automatic proxy over each Lot for purposes of official homeowners
meetings, assemblies and elections. Proxy over any Lot held by the Declarant shall be valid unless
withdrawn in writing by the Owner and the Owner appears during the general membership meeting or
assembly.
Failure to enforce any provision of this Deed of Restrictions shall not be deemed a waiver of the right
to do so at any time thereafter.
17.03 Interpretation of Restrictions - In case of any inconsistency in the interpretation or implementation of
the conditions stated in this Deed of Restrictions, the interpretation of the Declarant shall prevail.
Where there appears to be a conflict in the interpretation of the Deed of Restrictions, the Design
Guidelines and Pattern Book and the rules and regulations of the Association, the provisions or intent
of this Deed of Restrictions shall be adopted.
Where there appears to be a conflict between the provisions of this Deed of Restrictions and the
applicable provisions of law, the most stringent provision shall be applied.
IN WITNESS WHEREOF, the Declarant has caused this Deed of Restrictions to be executed this _ day of
at
---- ---------
AVIDA LAND CORP.
Declarant
By:
Signed in the Presence of:
I~
I
431 P age
1
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES

MAKATI CITY S.S.
At the City of Makati, Metro Manila, this personally appeared before me

the following:
Name Competent Evidence of Identity Date/Place Issued

Avida Land Corp.
Represented by:
Christopher B. Maglanoc TIN No. 159~04~52 17 Feb 1993/ Pasig

Apollo B. Tanco TIN No. 102-098-494 27 Sep 1991/Makati
to me known and known to be the same persons who executed the foregoing "Deed of Restrictions of Avida
Settings Cabanatuan Phase 2" consisting of forty four (44) pages including this page where this
acknowledgment is written, signed by the parties and their instrumental witnesses at the spaces herein
provided, and acknowledged to me that the same is their free and voluntary act and deed, as well as the free
act and deed of the corporation herein represented.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal on the date at the
place hereinabove written.
Doc. No. __ ;
PageNo. __ ;
Book No. __ ;
Series of 2011.
ASCab - DDR 071911.doc
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Affordable living at its best

SIGN OFF SHEET "" Ay~latoll1<lcompany

PROJECT: Avida Settings Cabanatuan

PREPARED BY: AMBANDEJAS PSMG

REVIEWED BY: Stipulations based from

I. The Avida Settings Cabanatuan Homeowners' Association (ASCAB-HOA)

COMMON AREAS PLAN

The ownership, use or occupancy of a Lot shall be subject to the following:

NO UTIl.IlY AREA. iLAUNDRY OR NO unl.lTY AAEA. LAUNOIlY OR

Illustration 3.07 - Service Area Location

Illustration 3.11 - Signage

IV. Buildings and Architectural Controls

INSIDE LOT SET BACK CORNER LOT SET BACK

Illustration 4.03.a - Setback Requirements

Illustration 4.03.e - Setback for Court

Illustration 4.03.f.1 - Setback Requirement for Basement Fully Below Grade

~......... •••• OMHG BOAAO OR

Illustration 4.03.k. - Setback of Swimming Pool & Similar Structure

Illustration 4.04- Maximum Cut & Fill Allowed

Illustration 4.04.a. - Maximum Cut Allowed @ Section A

1.0 METER (MAlt HEIGHT OF Fill)

Illustration 4.04.b. - Maximum Cut Allowed @ Section B

Illustration 4.04.c. - Maximum Fill Allowed @ Section A

PROVOE SLOPE PROTECTION~ 1.0 METER (MAX. HElhHT OF FILL)

Illustration 4.04.d. - Maximum Fill Allowed @ Section B

Illustration 4.05 - Solar Collector

Illustration 5.c. - Guard Post

STEEL GRILLE, CYCLONEIMESH

Illustration 5.h. - Maximum Height of Fence above Retaining Wall

.IN\QIV1::>30 AS 03.l::>ml.lSNO::> S3::>N3.:1

ALLEY LOTS LOCATION

[g.x.X)X 12.STOREY EXPANSION fflllilli ROOFED

Illustration 6:03.a. • PARK f EASEMENT

SPECIAL LOTS B - PARK I EASEMENT

PARK AND EASEMENT LOTS LOCATION

GROUND FLOOR EXPANSION

" PROPERTY LINE

~ - ENTRY PARK INNER LOT

~ • ENTRY PARK CORNER lOT

MAIN ENTRY PARK LOTS LOCATION

AllOWED BUT MAY ~ EXPANSION MAY BE

1~";12.STOREY EXPANSION IIlTfTTlI ROOFED

42.OOM6 VERTICAL FLOOR

M~IMUMSIPE LOT 1 EXPANSION MAY BE

vehicular entrancesl exit

Illustration 7.01 - Vehicular Entrance at Street Intersection

Illustration 8.05- Underground Utility Lines

TAP10 UNDERGROUND 'CATCHBASIN OR

Illustration 8.09- Drainage Tapping

Illustration 8.15 - Booster Pump Tapping

IX. Power Generating Sets

XII. Home Expansion

XIV. Maintenance Easements

XVI. The Design Guidelines and Pattern Book

XVII. The Deed of Restrictions

Effectivity Date July 1, 2011 (License To Sell)

Signed in the Presence of:

REPUBLIC OF THE PHILIPPINES

At the City of Makati, Metro Manila, this personally appeared before me

Name Competent Evidence of Identity Date/Place Issued

Christopher B. Maglanoc TIN No. 159~04~52 17 Feb 1993/ Pasig

ASCab - DDR 071911.doc