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Deed-Of-Restrictions-Alte Verderra - David, Doria, Dayrit
Deed-Of-Restrictions-Alte Verderra - David, Doria, Dayrit
I. Definitions..........................................................................………..................... 2
II. Alte Verderra Homeowners Association.......................….....................…...... 3
III. Property Subject of this Deed.............................................................………… 4
IV. Property Rights of the Owner......................….......….....................………....... 5
V. Rights to Common Areas…...............................................................….............…... 5
VI. Restrictions on the Lot and Use of the Unit.........…......……..……...................... 6
VII. Building and Architecture........………...........................................……................... 9
VIII. General Cleanliness, Safety and Sanitation....................………..............…........ 11
IX. Use of Streets..........…...................................…………………....................…...…..... 15
X. Compliance with Laws.............................................................………………... 15
XI. House Rules……......................................................……………………..…....... 15
XII. Period of Restrictions.........................................................…………..……....... 16
XIII. Enforcement of Restrictions….........................................…………………....... 16
XIV. Annexation of Additional Parcels............................................................…….. 17
XV. Interpretation............................................…………………………..….......…….. 17
XVI. Insurance..........……....................................…………………………...........…….. 17
Planning Guidelines........................................……………………………..…...........………. 18
Annexes
ALTE VERDERRA
Deed of Restrictions
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DECLARATION OF RESTRICTIONS
ALTE VERDERRA
I. DEFINITIONS
When used in this Declaration, the following terms shall have the
following meaning:
"Articles" and "By-Laws" shall refer to the Association's Articles of
Incorporation and By-Laws, as amended from time to time."
"Association" shall refer to the non-stock, non-profit corporation
formed under the laws of the Republic of the Philippines and
governing the Alte Verderra
"Board of Directors" shall refer to the Association's duly elected Board
of Directors acting in accordance with its Articles, By-Laws, and this
Declaration
"Common Areas" shall refer to those areas of land and easements
located within the Subdivision and intended to be devoted to the use
and enjoyment of one, some, or all of the Owners, as well as all
structures, facilities, and improvements constructed or to be
constructed or installed thereon. Common Areas are classified as
either Project Common Areas or Utility Common Areas, as defined in
Articles 3.2.a and 3.2.b, respectively. The term "Declaration" refers to
this Declaration of Restrictions, including any amendment or
supplement to it.
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2. 1 Membership
Each Owner shall automatically a member of the Association.
No one else shall be a member of the Association. Membership in the
Association shall not be transferable apart from the House model to
which it pertains, and the transfer or conveyance of a House model
shall automatically include the transfer and conveyance of membership
in the Association.
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Each Owner must notify the Association of the sale or lease of his
House Model to another party within fifteen (15) days of the date of
execution of the contract governing such sale or lease.
2.2 Management
All of the Association's properties, business, and affairs shall be
managed and administered by the Board of Directors, whose powers,
functions, and duties shall be specified in and governed by the Articles
and By-Laws of the Association.
However, the said Board may delegate the management functions of
the Association to a management committee as it sees fit.
The aforementioned management committee shall have the authority
to enforce the provisions of this Declaration of Restrictions.
All the following properties constituting the Project, including any and
all additions or improvements thereto, are and shall be held,
transferred, conveyed, sold, hypothecated, encumbered, mortgaged,
used, occupied and improved subject to this Deed:
The title to and ownership of the Lot shall be evidenced by a transfer
certificate of title, which shall be registered with the Registry of Deeds
of Laguna.
3.1 The Units
The Project has three (3) model houses, which shall be more
particularly described in Annex 2 with floor plans shown in the same
Annex.
3.2 The Common Areas
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5.1.c The right of the Association to suspend or restrict the right to use
the Common Areas by the Owner, for any period during which
any assessment unit remains unpaid and delinquent; and
5.1.d The right of the Association to transfer all or any part of the
Common Areas to any public agency, authority or utility, subject
to such conditions as may be agreed upon by the Owners. No
such transfer shall be effective unless approved by two-thirds
(2/3) vote of the members of the Association in a meeting duly
called for the purpose and unless approved by the Developer.
5.2 Delegation of Use
An Owner may delegate his right to use the Common Areas to
members of his family and tenants who reside in his model house Unit.
5.3 No Waiver of Use
No Owner may exempt himself from personal liability for his pro-rata
share in the Common Areas, and for assessments duly levied by the
Association, by waiving the use and enjoyment of the Common Areas
or by abandoning his model house Unit. Neither shall the Owner be
released from the liens and charges hereof, by waiving the same or
abandoning his House Unit.
6.1 No Subdivision
The Owner may not subdivide individual Lots. Two (2) Lots may be
consolidated into one (1) Lot and then further subdivided only into the
same individual Lots that comprise the consolidated Lot prior to
purchase or lease from the Developer. Three (3) or more Lots may be
consolidated and subdivided into fewer Lots, provided that none of the
resulting Lots is smaller in area than the smallest Lot prior to
consolidation. A consolidated Lot shall be treated as a single Lot for the
purposes of applying the provisions of this Deed. The
consolidation/subdivision plan must be approved by the Developer and
the appropriate government office or agency in all cases, and it must
be registered with the Register of Deeds.
6.2 Residential Use
The House model Unit shall be used exclusively for residential
purposes by a single family in accordance with the provisions of this
Declaration and the rules and regulations of the Association as well as
the stipulations of the instrument conveying title or other rights over the
House model Unit.
In this connection, the House model Unit shall not be used, whether
wholly or partially, for the purpose of conducting any trade, business or
profession or any immoral or illegal activity.
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The Lot and Housing Unit shall be used solely for residential purposes
by a single family. Inside the Lot, no business, commercial, or
professional activities are permitted.
Ownership of the Lot and Housing Structure shall be the same at all
times. Accordingly, the Housing Structure may not be transferred,
encumbered, assigned, or in any manner conveyed, separate from the
Lot on which it was constructed; and correspondingly, the Lot may not
be transferred, encumbered, assigned, or in any manner conveyed,
separate from the Housing Structure constructed thereon.
6.3 Maintenance
All house models shall be maintained in good and tenantable condition
at all times.
Should there be a violation of this provision, the Association reserves
the right to enter the premises and commence works for the proper
maintenance of the Unit, the expenses of which shall be chargeable to
the Owner. In addition, said amounts shall constitute a lien on the
subject property.
6.4 No Signage
Commercial or advertising signs are not permitted to be placed, built, or
erected on the Lot. Name plates and professional signs of occupants
are permitted as long as they are no larger than 20 x 30 INCHES and
do not extend beyond the property line. The lot may not be used as an
office, and no main facilities for professional offices are permitted.
6.5 Domestic Pets
Only domestic pets, such as dogs and cats, are permitted to be kept on
the Lot. Commercial animal breeding is strictly prohibited. The
Developer and the Association reserve the right to regulate the
introduction, number, species, and maintenance of such domestic pets
within the Lot in a humane manner.
Any violation of this rule shall be subject to a fine of Php10,000.00.
The upkeep of such domestic pets and other animals within the house
model unit, in particular, and the manner in which they are introduced
into the said house model Unit, in general, shall be subject to the
Association's rules and regulations.
6.6 Easements
6.6.a Utilities: Every Lot Owner must provide an open space for
landscaping as well as an easement for drainage, water, and
other public utilities as necessary or desirable. Such open space
must strictly adhere to the relevant provisions of the National
Building Code as well as other government laws and ordinances.
The owner, lessee, or occupant of the Lot shall allow authorized
representatives of the Developer, the Association, or the public
utility entities concerned to enter the Lot for the purpose for
which the easement is created.
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6.8 Clothesline
The Lot Owner agrees to provide an enclosed area for laundry/washing
purposes at the back or side of the property, specifically in places
where they will be hidden from view, subject to the provisions on
setbacks and casements. Clothes lines should not be placed on any
part of the property/structures other than the designated area and
should not be visible from the road at any time. The AVHOA reserve
the right not to approve any budding plan that does not include the
aforementioned provision for the laundry/washing area.
6.9 Driveway
Outside the property line, the driveway should have the same elevation
as the sidewalk. The driveway's incline should begin only from within
the property line. The Owner may not alter any part of the sidewalk
fronting a Lot except for the limited purpose of constructing a driveway,
and only with the Developer's or Association's prior written approval.
6.10 Perimeter Lots
An Owner of a Lot located along the perimeter of the Subdivision shall
not be allowed to make any opening in his perimeter wall to allow
ingress or egress to and from the Subdivision.
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For the said purpose, the Owner shall submit the complete set
of plans and specifications to the Association for review and
approval at least thirty (30) days prior to the commencement of
works to be conducted.
The Association shall have the power to approve, approve with
modifications, or deny the plans and proposed work and shall
notify the applicant accordingly.
7.2.c The Owner shall not do or cause to be done any act
(Including chiseling or chipping of beams, columns and walls) or
cause the construction or installation of any structure or facility
within the House Unit which the Developer has determined will
be beyond repair or impair the structural strength or change the
appearance of any exterior portion thereof.
7.2.d Any work that will impair the structural integrity of the
Housing Structure or any of its components (i.e., steel frames,
cross bracings, steel columns, steel, beams, trusses, rafters,
purlins, concrete panels, or any other structural element) is
strictly prohibited.
7.2.e The main door, service door or any window in the
Housing Structure shall not be replaced with doors or windows
of different material, size, design or color.
7.2.f Notwithstanding any approval given by the
Developer or by the Association, it shall be the sole
responsibility of the Owner to ensure that any improvement,
addition, alteration, modification, reconstruction, renovation,
repainting, extension or expansion on the Housing Structure
complies with the provisions and requirements of the National
Building Code and other related laws, ordinances and
regulations.
7.3 External Decorations
All other decorations not covered by the above shall be subject to the
approval of the Association.
7.4 Additional Load
The Owner must acquire the Association's prior written approval before
adding any new mechanical/electrical, plumbing, or sanitary load to the
House Unit.
7.5 Outside Installations
No radio or television signal or other form of electromagnetic radiation
shall be permitted to originate from the House Unit, which interferes
with the reception of television or radio of other units.
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7.6 Carport
The carport of the House Unit may only be used for parking and storing
vehicles and may not be turned into a living or recreation area, except
when it is converted into a veranda with one table and six chairs with
the Developer's or Association's approval, as the case may be. The
use of garage doors on the carport is prohibited.
All vehicles must be maintained in a proper working condition and must
be registered with the proper authorities.
If the Owner does not own a car or does own a car but opts to convert
the carport into a veranda, the Homeowners Association must approve
the conversion. Furthermore, the size, form, and color of the table and
chairs must be approved by the latter. However, the conversion must
be permanent, and the Owner may not afterwards convert the space
back to a carport.
The Developer reserves the right to designate a parking location for the
Owner's vehicle in front of the Unit or in a common parking area for the
purposes stated above, subject to any fees the Developer may charge
for the use of the parking spaces it assigns.
7.7 Repair of Vehicles
Within the House Unit, no vehicle may be repaired or painted.
7.8 Screen Doors and Windows
The Owner shall not be permitted to install screen doors in the main
entrance door or doors of the Housing Structure, nor shall any
aluminum or metal awnings, grilles, or covers be erected over the
Housing Structure's windows and balconies. Unless the Association
approves, windows shall not be covered with aluminum foil, paint, tint,
or other materials.
7.9 Rooftop Appliances
Appliances or installations on the Housing Structure's rooftop are not
permitted unless the Association has given its approval.
An antenna tower, poles, posts, satellite dishes, or any other similar
structure intended for use as an electrical or telecommunication
connections is prohibited.
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The House Rules govern the use of the Common Areas as well as any
other topics related to the Association that the Developer and/or the
Association deem appropriate for the Project's efficient administration.
The House Rules must not discriminate between Owners and must not
invalidate this Deed, the Articles, or the By-Laws. Each Owner will get
a copy of the House Rules, as they may be enacted, altered, or
revoked from time to time. The House Rules shall have the same force
and effect as if they were set down in this Deed upon delivery.
Regardless of the foregoing, the Association shall make the House
Rules, as enacted, changed, or repealed from time to time, available
for inspection by any Owner upon request. In the event of any conflict
between the House Rules and any other provision of this Deed, or the
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For a period of FIFTY (50) YEARS from the date of the Association's
incorporation, all of the restrictions enumerated herein shall run with
the lot and structures found therein, and shall be binding as voluntary
liens on all parties having or acquiring any right, title, or interest therein,
whether as Owners or otherwise.
The Developer reserves the right to modify or change these restrictions
at any moment if it deems it necessary in its absolute discretion.
The Association shall have the power to impose additional restrictions
in addition to those set forth herein, so long as such additional
restrictions do not reduce, alter, or change the restrictions set forth
herein. The usage of the House Unit for residential purposes by a
single family shall not be altered, reduced, or modified in any way.
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XV. INSURANCE
For the first year after project completion, the Developer is entitled to
get such insurance on the Project as it deems necessary. The
premiums for such insurance will be assessed proportionally to the
percentage of interest held by each unit buyer.
XVI. INTERPRETATION
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PLANNING GUIDELINES
1) Subdivision and Consolidation –Subdivision of a Lot is not permitted.
Two or more adjacent Lots, on the other hand, may be combined into a
single Lot. and may be re-subdivided into no more than the original
number of subdivisions number of Lots prior to consolidation; provided,
however, that none of the resulting Lots must have a smaller area than the
smallest Lot. Before the consolidation, there was an original Lot. In every
case, the Plans for consolidation/subdivision must be approved by the
Declarant as well as the appropriate government office or agency. The
Owner shall be solely responsible for the application and processing of all
required permits and approvals.
If one Dwelling Unit is to be built on two or more Lots, these Lots must be
consolidated prior to the Dwelling Unit's construction.
2) Detached Structures –A greenhouse, gazebo, trellis, bathhouse, storage
area, or any other similar structure detached from the Dwelling Unit may
be built subject to the Declarant's or the Association's approval of the
design thereof; provided, however, 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, (d) the structure is
built in accordance with the setback requirements specified in this Deed of
Restrictions; and (e) the material used for the structure's external finish is
substantially the same as that used for the Dwelling Unit.
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 the Dwelling Unit, nor
shall any structure of a temporary character be used as the Dwelling Unit.
3) Service Area - There shall be no outdoor utility area, laundry, or service
yard located along the side of a Dwelling Unit facing a Street. Only in the
designated Service Area, as defined below, may open laundry drying
areas and open service yards be located. If it is unavoidable to locate
these in areas where they may be visible from the street, they should be
properly screened or obscured from public view or view from the street,
using materials consistent with the Village's overall aesthetic character.
4) Parking- Each Lot must have at least one three (3) meter by five (5) meter
private parking space at all times. Parking on the street is not permitted.
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meter from the Property Line on all sides of the Lot. Basements that
are partially above grade, on the other hand, must be set back a
minimum of four and a half (4.5) meters along the side that faces a
street and two (2) meters along the side that does not face a street.
F.) Carport Setback - A Carport's roof may not abut the Property Line.
Abutments may be permitted along the Property Line that does not face
a street, provided that the Owner constructs a Firewall there. The
Carport roof's highest point shall not exceed four and one-fifth (4.2)
meters from the finished floor line.
G.) Code Minimum Setback - The National Building Code and other
relevant government laws and decrees requiring minimum setbacks for
windows, apertures, or balconies constructed on the Property Line
abutting another property must be followed. The Setback is measured
from the Property Line to the nearest finished wall or column, or any
projection from such a wall or column.
H.) Firewall Setback - Windows, openings, or apertures are not
permitted on any Firewall on the Lot's boundaries. The construction of
a firewall must comply with both the Building Code and the Fire Code.
be applied on both sides
I.) Outdoor I Freestanding Structure - Any outdoor, freestanding
permanent landscape structure that is not intended for habitation, such
as a pool cabana, barbecue area, trellis, gazebo, play equipment,
basketball court, and the like, may be constructed or installed on a Lot,
provided it meets the minimum Setback requirements.
J.) Landscape Elements - It is encouraged to landscape the area of
the Lot that faces or is adjacent to a street. Softscape elements, such
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Annex 1
Subdivision Master Plan
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Annex 2
Units Description:
There will be three types of house choices with each unit having a
ground floor and a second floor for the whole project with the
description as follows:
(1) Unit 1 called as ADAIR HOUSE has a total gross floor area of
approximately two hundred fifty (250) square meters. The ground floor
contains a living area, dining area, kitchen, lanai, a bedroom, maid’s
room, a common toilet and bath, carport, and a utility area.
The second floor contains a master bedroom, master toilet and shower
with a walk in closet, 2 bedrooms, a common toilet and bath, family
area and a balcony.
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(2) Unit 2 called as TERRA HOUSE has a total gross floor area of
approximately three hundred (300) square meters. The ground floor
contains a living area, dining area, kitchen with pantry, lanai, a
bedroom with toilet and bath, maid’s room, a common toilet and bath,
carport, and a utility area.
The second floor contains a master bedroom with master toilet and
shower with a walk in closet, 3 bedrooms with their own toilet and bath,
family area and a balcony.
(3) Unit 3 called as CALLA HOUSE has a total gross floor area of
approximately three hundred fifty (350) square meters. The ground
floor contains a living area, dining area, a convertible open space,
kitchen with pantry, lanai, 2 bedrooms with their own toilet and bath,
maid’s room with toilet and bath, carport, and a utility area.
The second floor contains a master bedroom with master toilet and
shower with a walk in closet, 2 bedrooms with their own toilet and bath,
family area and a balcony.
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Annex 3
Approved Housing Colors & Materials
ADAIR HOUSE
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TERRA HOUSE
CALLA HOUSE
The use of wood cladding, dark and light gray paint finishes, white
paint finishes, wall plaster finishes, and laminated glass with PDLC film
(Polymer-Dispersed Liquid Crystals) are the allowed materials and colors that
can be used in the reconstruction of the house units provided that they are
approved by the Developer.
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Brochure
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REFERENCES
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Deed of Restrictions