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ALTE VERDERRA HOMEOWNERS ASSOCIATION

Deed and Declaration of Restrictions


TABLE OF CONTENTS

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

1 Subdivision Master Plan

2 Description, Unit Type, and Floor Plans of Housing Structure

3 Approved Housing Colors

ALTE VERDERRA
Deed of Restrictions
2

DECLARATION OF RESTRICTIONS
ALTE VERDERRA

The Declarant, as the owner and developer of ALTE VERDERRA, intends to


sell and convey model houses and subdivision lot units as an integrated
property parcel within the subdivision, and to impose mutually beneficial
covenants and restrictions on them under a general plan or scheme of
development for the benefit of their owners and future owners, and to provide
an established area with a unique character and balance of built and natural
environment. The Declarant hereby declares that all of the model houses and
subdivision lot units are and will be held, conveyed, hypothecated, or
encumbered, leased, rented, used, occupied, or improved, subject to the
covenants, conditions, and restrictions set forth below. All of the foregoing
covenants, conditions, and restrictions shall run with the land and structures
built on it and shall be binding on all parties having or acquiring any right, title,
or interest in the house and lot units, whether as sole owners, joint owners,
mortgagees, lessees, tenants, occupants, or otherwise.
All of the provisions of this Declaration of Restrictions shall be an
essential part of the consideration for the sale of the model houses and
subdivision lot units within and shall be annotated as voluntary liens and
encumbrances on the corresponding certificates of title corresponding to said
model houses and subdivision lot units.

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.

ALTE VERDERRA
Deed of Restrictions
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The term "developer" refers to Ayala Corp. corporate successors and


assigns.
"Housing Structure" shall refer to the residential model house’s
structure built on the Lot by the Developer as an appurtenance to it
"Lot" shall refer to a specific parcel of land that is sold and/or leased in
conjunction with the Housing Structure built on it. The boundaries of
each Lot are depicted in the subdivision plan attached hereto and
made an integral part hereof as Annex 1.
"Owner" shall refer to any person or entity with title to a model house
and/or any accompanying right (as defined herein) to use or benefit
from it and the subdivision's Common Areas. As used herein, the term
shall include a co-owner, assignee, successor-in-interest, mortgagee,
lessee, tenant or occupant, or officer, director, or guest of any person
or entity holding title or interest in the model house, or any other
person actually occupying or using the model house and/or otherwise
authorized to exercise all or some of the Owner's rights under the
terms of an agreement or contract between them.
"Project" shall refer to the Developer's Alte Verderra model houses
and subdivision project, including the Housing Structures constructed
on the Lots, Common Areas, and such additions thereto as may be
brought within the Association's jurisdiction in the future.
"Street" shall refer to a road or courtyard designed for use as a vehicle
passageway within the Project.
"Subdivision" shall refer to a residential subdivision located in Alviera,
Porac, Pampanga, the territorial boundaries of which are defined in
the Association's Articles.
"Model house" shall refer to a new uninhabited dwelling unit built in
accordance with the requirements and provisions of the zone category
in which the lot on which the model home is located, or as specified by
law, and used solely for the purpose of displaying the architectural
design, materials, and interior design or decorating of homes, the
layout and features of a draft approved or registered plan of
subdivision, with or without service connections, for the purpose of
selling homes to the general public

II. ALTE VERDERRA HOMEOWNERS’ ASSOCIATION

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.

ALTE VERDERRA
Deed of Restrictions
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Each Owner is required to follow the rules and regulations established


by the Association in the interests of sanitation, security, aesthetics,
and the overall well-being of the community.
The Association is authorized to collect dues or make assessments to
meet its expenses, which will constitute a lien on the property, junior
only to liens of the government for taxes and voluntary mortgages for
sufficient consideration entered into in good faith.

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.

III. PROPERTY SUBJECT OF THIS DEED

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

3.2.a Project Common Areas


Project Common Areas shall consist of the property and the
areas or facilities outside the model houses boundaries,
including the driveway, guardhouse, sidewalks, parks,
playgrounds, clubhouse, open spaces, car park and other areas
devoted or intended for the use of the Owners by the
Association and/or the Developer.

ALTE VERDERRA
Deed of Restrictions
5

3.2.b Utility Common Areas


Utility Common Areas are areas consisting of compartments,
installations, and facilities used for the supply of electricity, water,
sewerage, and other public utilities and services including pipes,
conduits, wires, lines and all other devices operating, existing or
hereinafter introduced for common use or necessary for the
operation, existence, and upkeep and safety of the house
models or the Common Areas.
3.3 Developer's Discretion
The Developer started working on the Project's site in November
2021. The Developer's absolute discretion shall govern the
respective dates and periods on and within which the
construction and implementation of the Project's future phases
shall be completed, the nature and concept of their development,
and the number of house models which shall comprise each of
these phases.
IV. PROPERTY RIGHTS OF THE OWNER

The property rights of the Owner shall consist of:


4.1 Ownership in fee simple and possession of the Lot;
4.2 Ownership and possession of the corresponding Housing
Structure constructed on the Lot;
4.3 An undivided beneficial interest in the Common Areas arising
from membership in the Association which shall hold legal title to the
said Common Areas; and
4.4 Ownership and possession of all utility and service lines (including
electrical wiring, plumbing systems, sewerage, and telecommunication
systems) that directly service the House model Unit, net of the Utility
Common Areas.

V. RIGHTS TO COMMON AREAS

5.1 Owner's Right of Use


An Owner, his family and guests shall have a right to use, in common
with the other Owners, the Common Areas, subject to the following
rights of the Association:
5.1.a Owners who use the facilities and to limit the use of recreational
facilities on the Common Areas by persons not in possession of
a model house;
5.1.b The right of the Association to establish reasonable rules and
regulations pertaining to the use of 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.

VI. RESTRICTIONS ON THE LOT AND USE OF THE 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.

ALTE VERDERRA
Deed of Restrictions
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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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The Owner shall permit access thereto to the duly authorized


representative/s of the Developer, the Association, or the public
utility entities concerned, and an easement to the full extent
necessary to enter upon the house model, repair, replace, and
generally maintain sewer, water, electricity, telephone, or other
public service connections, lines, conduits, or facilities is hereby
reserved to the Developer, the Association, or the public utility
entities concerned. Greenery-designated areas should be kept
and maintained as such.
6.6.b Support:
The Housing Unit and improvements to be built on the Lot must
be made of strong materials and designed in a style that is in
harmony and balance with the surrounding landscape and
Village Housing Units. The Housing Unit design must be signed
and approved by the respective Licensed Engineer and or
Architect, and a building permit from the City Engineering Office
must be obtained. The architectural design must adhere to the
village's restrictions and be approved by the AVHOA.
6.6.c Expenses: The expenses incurred in carrying out the
inspection, repair, replacement, or maintenance will be
assessed by the Association against each Owner who benefits
from it.

6.7 Trees/Plants Maintenance


No existing tree or plant, whether within or outside the Lot, may be cut,
removed, or damaged, nor relocated or transferred, without the prior
written approval of the Developer or its corporate successors. When all
of the residential Lots in the Village have been sold and all of the
streets, lanes, and open spaces have been transferred to the
Association or the appropriate government entity, such approval shall
be obtained from the Association or the government entity.
The owner is responsible for keeping his frontage clean at all times.
Furthermore, any potted plants placed therein must be approved by the
Developer in order to maintain uniformity in the appearance of the
frontages.
The Association may allow an Owner to cut or transfer any tree within
the lot if it obstructs the construction of a Housing Unit, subject to
existing laws and governmental regulations. In such a case, the Owner
shall donate five (5) tree saplings of substantially the same species and
size to the Developer or the Association, or to any donee institution or
agency designated by the Developer, for each tree that is to be cut or
transferred. The Owner must obtain the Developer's or the
Association's prior written approval for the aforementioned donation.

ALTE VERDERRA
Deed of Restrictions
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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.

VII. BUILDING AND ARCHITECTURE

7.1 The Housing Structure


Other than the Housing Structure to be constructed by the Developer
on the Lot and which will be delivered by the Developer to the
purchaser thereof at the time of the execution of the relevant
instrument effecting the transfer and conveyance of the title to the
house model Unit to the said purchaser, no other structure shall be
allowed to be constructed on the Lot.
7.2 Improvements
7.2.a No improvement, addition, reconstruction, renovation,
repainting and major repair works on the house model unit
which will alter or modify the design, features and external
character of the Housing structure as constructed by the
Developer shall be allowed. Any change or modification made
by the Owner that affects the structural integrity of the Housing
Unit will necessitate the approval of a duly licensed structural
engineer, among other things. In such cases, the Owner is
solely liable for obtaining the same.
7.2.b The Owner shall not construct erect or install any
additional fence, exterior grillwork, exterior door, exterior wall or
any other structure on the model house Unit without the prior
written approval of the Association.

ALTE VERDERRA
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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.

No outside antenna for radio or television shall be constructed, erected


or maintained by the Owner at any time on his/her House Unit, unless
the Association has approved it.

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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.

VIII. GENERAL CLEANLINESS, SAFETY AND SANITATION


To preserve the cleanliness of the Subdivision and to ensure the safety
of the residents therein, the following rules shall be observed:
8.1 Streets
To guarantee a free and smooth flow of traffic and to preserve the
streets free and unobstructed, the Association shall have the ability to
designate the usage of streets, including traffic flow, no parking zones,
common parking areas, and other similar things. The Association has

ALTE VERDERRA
Deed of Restrictions
12

the authority to change the use of one-way roadways at any time in


order to achieve this goal.
8.2 Trashes and Garbage Removal
All garbage and trash shall be placed and kept in sanitary, covered
containers. In no case shall such containers be kept visible to the
general public. Garbage and trash must be deposited in the garbage
depository provided along designated locations for collection by the
Association or any other authorized organization. The burning of
garbage and other waste materials is strictly prohibited within the
subdivision. Littering in the Subdivision may result in fines and
penalties from the Association.
8.3 Noise Emissions. Hazardous Matter
It is prohibited to emit any sound, dust, odor, gases, or other
substances that are not ordinarily emitted by residential dwelling units.
Loud music, a loud television, or any other unusual noises coming from
any unit are prohibited. Such a loud sound shall not be heard on the
street or emanate from it.
Nothing shall be done or kept in any House Unit or Common Area that
will increase the applicable insurance charge without the Association's
prior written authorization.
Without the prior written consent of the Association, the Owner shall
not permit anything to be done or kept in his House Unit that will result
in the cancellation of the applicable insurance.
8.4 Good and Sanitary Condition
At all times, each Owner is responsible for keeping the House Unit and
its appurtenant spaces in excellent and hygienic shape and repair at all
times. The House Unit is not to be used for any offensive activities.
Nothing shall be done therein or originate from it that may be or
become an annoyance or nuisance to the other Owners, or which
constitutes a violation of law or regulation.
For this purpose, the Association or its authorized representatives shall
have the authority to enter the House Unit at reasonable hours with
prior written notice to the Owner, however, in circumstances of
emergency or urgent repairs, in which case such notice shall be
deemed given to the Owner.
8.5 Night Deliveries
Night deliveries of construction materials deliveries may be permitted
after work hours till 7:00 p.m. Only on the condition that the noise does
not bother the residents next door.
A special permit has to be obtained from the Association one (1) day
prior to the said night delivery. If the deliveries cause a disturbance in
the area, they may be stopped at any time.

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8.6 Contractors, Workers, etc


Contractors hired by the Owner to perform any work on the Unit/s must
have the Association's permission. Only those contractors who meet
the Association's criteria for this type of work will be approved for this
purpose.
Owners shall be responsible for all actions or omissions of their
contractors, workers, delivery crews, suppliers and other contracted
parties and agents. As such all fines and penalties shall be collected
from the owner.
Owners should include this clause in their contracts with their
contractors, workers, or agents. All contractors are required to be
licensed by the appropriate authorities.
8.7 Works or Repairs
A bond is required for each of the following types of construction and
other works lasting not more than a month:
Description Cash Bond
Minor works (one to two weeks) Php10,000.00
Masonry works Php10,000.00
Repainting of Roof Php10,000.00
Repainting of Interior of the House Php10,000.00
Repainting of Exterior Php10,000.00
Landscaping Php10,000.00
Carpentry/Welding Works Php10,000.00
Should the period of the work exceed one month a fine of Php10,
000.00 will be charged for each month of extension.
A fine of Php15,000.00 for major renovations, and Php10,000.00 for
minor improvements and major repairs shall be imposed if renovation
or repairs are done without prior approval of plans by and submission
of bond to the Developer.
If any of the contractors or workers hired by the Owner to provide
repairs or improvements to the property do damage to it that has a
significant impact on its structural and physical integrity and design, the
owner will be fined Php10,000.00.
In addition, the said owner shall be liable for the repair work entailed in
restoring the Unit to its former condition

8.8 Permits and Clearances

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A. The stockpiling of construction materials by an Owner is prohibited


unless the Association has authorized the construction plans and the
corresponding construction bond has been paid.
B. Stockpiling on an empty property is only permitted if the owner of
the vacant lot gives written authorization. If this is not possible, the
Association may issue written consent on a case-by-case basis.
C. If permission is granted, the contractor/owner of the house in
progress should assume full responsibility for any damage or incident
that occurs there. Within two weeks of completion and/or occupancy,
they must also restore the lot to its previous condition and clear away
any materials, equipment, and debris.
If the construction site is not clean when the Association inspects it, the
construction bond will not be returned to the owner.
D. All employees or workers, including foremen, and supervisors
engaged by the contractor/owner must apply for identification cards
with the Association. This ID may be used only for work at the
construction site it was requested for.
8.9 Scattered Debris
Scattered debris is the responsibility of the owner, who will be required
to clean all premises, public or private, on areas without permits for
stockpiling, as the Association may determine necessary and
advantageous for the Subdivision's sanitation and well-being.
Unauthorized stockpiling of debris and/or wet garbage shall be subject
to a fine of Php10,000.00
8.10 Drug and Liquor Ban
All construction employees in the Association are subject to a strict
liquor and drug ban policy. Any construction worker caught with drugs
or alcohol shall be permanently banned from entering the Subdivision.
8.11 Gambling
No gambling of any form or betting with money shall be allowed,
including cockfighting.
8.12 Firearms and Deadly Weapons
On the person of any worker, firearms and bladed weapons (fan and
hunting knives, jungle bolos, etc.) are prohibited. Inside toolboxes, all
dangerous tools and other pointed objects must be safely stored.
8.13 Indecent Exposure and Spitting
It is forbidden to bathe, urinate, or defecate in public areas or in plain
sight. A fine of Php8,000.00 is imposed for such conduct. The same
penalty applies to spitting.

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Deed of Restrictions
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8.14 Dress Code


In public places, all unit tenants and/or their guests must adhere to the
required dress code at all times. Underwear and ragged clothing are
not permitted in these areas for this reason. Outside of one's Unit,
going barefoot is not permitted. A fine of Php 8,000.00 would be
imposed for any breach of this provision.

IX. USE OF STREETS

9.1 Right to Regulate


To guarantee free flow of traffic along the Subdivision's streets, the
Association reserves the authority to control street parking. The
number of cars per household shall be limited to two (2) for this
purpose.
9.2 Parking
The authorized number of cars per family must be parked in the
particular Unit's carport or designated common parking places for this
purpose.
Furthermore, it is acknowledged that anytime it is the roadway or
pavement, parking automobiles is completely prohibited.

X. COMPLIANCE WITH LAWS

All laws, statutes, ordinances, rules, and regulations pertaining to the


use and occupancy of the House Unit or Common Areas, or the
construction and maintenance of any improvement or alteration thereof,
as approved by the Association, shall be promptly followed by the
Owner.

XI. HOUSE RULES

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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16

Articles or By-Laws, the provisions of this Deed, the Articles or the


ByLaws shall control.

Xll. PERIOD OF RESTRICTIONS

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.

XIII. ENFORCEMENT OF RESTRICTIONS

The Developer, its assigns, corporate successors, or lawfully


authorized representatives shall have the right to enter and inspect the
House Unit at any reasonable time and without notice to determine
compliance with all of the restrictions set forth herein.

Penalties for breaking any of the preceding restrictions, if applicable,


shall be imposed; be proportionate to the nature and severity of the
offense, and shall be imposed by the Association, or by the Developer
until the Association is formed. All fines and penalties imposed on the
Owner for violating any provision of this Deed shall be a lien on the
property.
Any money received by the Developer will be kept in trust for the
Association, less the costs of enforcing these regulations borne by the
former.
The Developer and/or the Association, their respective successors and
assigns, or any member of the Association may take legal action to
enjoin and/or enforce compliance with the abovementioned restrictions
and conditions.
Up to and until the Association is organized and functioning, all the
powers, rights and authority herein vested and granted to the
Association shall be exercised by the Developer.

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17

XIV. ANNEXATION OF ADDITIONAL PARCELS

The Developer may annex additional parcels of land or improvements


thereon, if any, without the Association's or Owners' approval.

The Developer shall effect such annexation by executing a


Supplemental Declaration of Restrictions, which shall:
14.1 Describe the real property annexed and designate the
permitted uses thereof; and
14.2 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. Upon
execution of such Supplemental Deed of Restrictions, the
annexed area shall become part of ALTE VERDERRA, as fully
as if such area were originally part thereof.

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

Where there appears to be a conflict in the interpretation of this Deed's


provisions, the most stringent interpretation shall be applicable.

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18

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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19

5) Landscaped Area and Easements - Every Lot Owner must provide a


dedicated area for landscaping and an easement for drainage, sewage,
water, and other public utilities as may be necessary and desirable to the
following extent: (a) inside the Lot twenty percent (20%) of Lot area; and (b)
corner Lot ten percent (10%) of the Lot's area The Owner, his lessee, or
representative shall permit access to said area by authorized
representatives of the Declarant, Association, or public utility companies
6) for the purposes for which the easement is created.

BUILDING MATERIALS AND ARCHITECTURAL CONTROLS


1) Type of Materials - All Dwelling Units and improvements to be built on the
Lot must be built with strong materials and in a style that is harmonious
and consistent with the surrounding landscape and homes in the Village,
as intended by the Declarant.

2) Building Height - A building constructed on a lot is not permitted greater


than nine (9) meters vertically measured from the Highest Lot Corner up to
the structure's highest point.
A.) Setback - No structure or portion of a structure shall be located
within the Lot less than four and a half (4.5) 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.

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20

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 built on a Lot must be built at a distance of:
(a) not less than four and a half (4.5) 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 street
The aforementioned Setback shall be measured from the Lot's Property
Line 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.
B.) Roof and Eaves Setback - All outside edges of roofs and/or eaves
must be at least one (1) meter from any Property Line fronting or
adjacent to a Street, and at least one (1) meter from the Property Line
on each side of the Lot that is not fronting or adjacent to a Street.
C.) On-grade Steps and Porches Setback - Within the Setback Area,
on-grade open steps and on-grade open porches may be built or
installed; however, any column, wall, or enclosure must adhere to the
applicable Setback restrictions. Within the Setback Area, no railing
higher than one and one-tenth (1.10) meter is permitted.
D.) Ground and Vertical Construction Setback. Ground and vertical
constructions such as an attic, loft, mezzanine, or second floor living
space may abut only the rear Property Line and one other Property
Line not fronting a Street; however, the Owner must construct a
Firewall on the rear and side Property Lines affected by such
construction. Otherwise, a two (2) meter setback should be measured
from these Property Lines. Throughout the Dwelling Unit, all visible
roofs must be made of the same or a similar material.
E.) Basement Setback - Basements, water tanks, and other structures
located completely below grade must be set back at least one-half (B.5)

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Deed of Restrictions
21

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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Deed of Restrictions
22

as trees, shrubs, and ground covers, are permitted to be planted within


the Setback Area. It is recommended that owner’s plant softscape
species that are related to the modern Asian theme.
K.) Hardscape elements, including but not limited to rock/boulder,
sculptures, grottos, and the like, as determined by the Declarant, may
be placed or located within the Setback Area fronting a Street; provided,
however, that no hardscape element introduced therein shall exceed
one and one-tenth (1.10) meters in height; and provided, further, that
half of the house Facade should be left visibly unobstructed by the
aggregate width of hardscape elements. Any hardscaping elements
introduced to the Lot should be designed to complement the Modern
Asian theme and appearance of the Residence. No hardscape element
shall be installed or constructed in or on the Lot without the Declarant's
prior written approval.

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Deed of Restrictions
23

Annex 1
Subdivision Master Plan

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Deed of Restrictions
24

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.

GROUND FLOOR PLAN SECOND FLOOR PLAN

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25

(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.

GROUND FLOOR PLAN SECOND FLOOR PLAN

(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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Deed of Restrictions
26

GROUND FLOOR PLAN SECOND FLOOR PLAN

Annex 3
Approved Housing Colors & Materials

ADAIR HOUSE
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27

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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28

Brochure

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29

REFERENCES

Avida Settings. (n.d.). Deed of Restrictions Phases 1 & 2 . Retrieved


November 19, 2021, from https://www.asnhoai.com/?page_id=1557.

Deed of restrictions. LAS TERRAZAS SUBDIVISION, DAVAO CITY,


PHILIPPINES. (n.d.). Retrieved November 19, 2021, from
https://lasterrazas.weebly.com/deed-of-
restrictions.html?fbclid=IwAR3F75qW8b_vXtJbPaW_S0o1X7kqytMP52s
cG84ktodgD626rI1bshCt3Do.

Housing and Land Regulatory Board. (2013). Revised implementing for PD


957 - HLURB. Retrieved November 19, 2021, from
https://hlurb.gov.ph/wp-content/uploads/laws-and-
issuances/IRRPD957.pdf.

ALTE VERDERRA
Deed of Restrictions

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