PELICAN REEF VILLAS (CAYE CAULKER)
COVENANTS, CONDITIONS AND RESTRICTIONS
ARTICLE I – DEFINITIONS
1. ARCHITECTURAL CONTROL COMMITTEE shall mean and refer to t hat committee or
entity as appointed by the Declarant to review and approve the plans for all
improvements constructed on the Property.
2. COMMON AREA shall mean all Real P roperty (including the improvements thereon) to
be utilized for the common use and enjoyment of the Owners and the Declarant. The
Common A rea shall consist of those areas design ated as such on the plat and site plan,
including thos e areas within the boundaries of the units owned by individual Owners, but
which are outside of the structural walls, terraces and patios.
3. COST OF COLLECTION shall mean and refer to all expenses and charges inc urred
including reasonable attorney’s fees.
4. COV ENANTS shall mean and refer to this document.
5. DECLARANT shall mean and refer to PELICAN REEF VILLAS (CAYE CAULKER) LTD.
Its’ successors and assigns which transfer or assign in whole or in part must be by written
6. UNIT shall mean and refer to each area designat ed as a Unit.
7. OWNER shall mean and refer to the owner of record, whet her one or more persons, or
entities, of a Unit which is a part of the P roperties, includi ng contract sellers, but
excluding those having such interest merely as security for the performance of an
8. PROP ERTI ES shall mean and refer to that certain Property identified as the P ELICAN
REEF VILLAS (CAYE CAULKER) LTD. According to the plat.
9. RULES AND REGULATIONS shall mean any and all documents issued by the Declarant
to control the reasonable conduct and use of the Common Areas by the Declarant and
10. STRUCTURE shall mean and refer to any thing or devic e other than trees and
landscaping, the placement of which upon any building site might affect its architectural
appearance including by way of illustration and not limitation any dwelling, building,
garage, porch, shed, greenhouse, driveway, walk, patio, s wimming pool, tennis court,
fence, wall or out door lighting. “Structure” shall also mean an excavation or fill, the
volume of which exceeds five cubic feet or any excavation, fill ditch, diversion dam or
other thing or device which, affects or alters the natural flow of s urface waters upon or
across any Unit or which affects or alters the flow of any nat ural or artificial stream,
wash, or drainage channel upon or across any Unit.
ARTI CLE II – PURPOS E
1. Declarants Intent. Because of the unique setting of the properties, Declarant intends
these Covenants to be reas onable restriction upon the us e of the Properties and upon
the Owners in order to accomplish various purposes including, but not necessarily limited
to, the following:
(a) to preserve the Property values and the improvements placed therein;
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(b) to preserve and enhanc e, now and in the future, the attractiveness and
desirability of the properties;
(c) to maintain common architectural themes and styles;
ARTI CLE III – PROPERTY RIGHTS IN THE COMMON AREAS
1. Owners Easements of Enjoyment. Subject to the provisions of the Rules and
Regulations, every Owner shall have a nonexclusive right and easement of enjoyment in
and t o the Common Areas, and such easement shall be appurtenant to and s hall pass
with the title to every Unit.
2. Extent of Owners Ea sements. The rights and easements of enjoyment created hereby
shall be subject to the following:
(a) The right of the P ELI CAN REEF VILLAS (CAYE CAULKER) LTD. to promulgate
and publish Rules and Regulations which eac h Owner shall comply with, including
the right to establish reasonable charges for the use of all or a portion of the
Common Areas and to restrict the use of portions of the Common Areas; and
(b) The right of the P ELICAN REEF VILLAS (CAYE CAULKER) LTD, to close or limit
the use of the Common Areas while maintaining repairing and making replacements
in the Common A reas.
3. Extent of Owners Liability. No absolute liability will be imposed upon individual Owners
for damage to this Common Area whether caused by themselves, their families, guests or
invitees, and liability will extend only to t hat for which the individual Owner is legally
responsible under the laws of Belize.
4. Delegation of Use. Any Owner may delegate, in accordance wit h the Rules and
Regulations, his right of enjoyment to t he Common A rea and facilities to a member of his
family, his tenants, or contract purchases who reside in his Unit.
ARTI CLE IV – COV ENANT FOR MAINTENANCE ASS ESSMENTS
1. Creation of Lien and Personal Obligation of the Asse ssment. The Declarant, for
each Unit owned with the Properties, hereby covenants, and each Owner of any unit by
acceptance of these Covenants and Restrictions, is deemed to covenant and agrees to
pay to the P ELICAN REEF VILLAS (CAYE CAULKER) LTD; (1) annual assessment or
charges and (2) special assessments, such assessments to be established and collected
as hereinafter provided. The annual and special assessments together with interest,
costs and reasonable attorneys’ fees shall be a charge on the Unit and shall be a
continuing lien upon the Property against which each assessment is made. The lien may
be enforced by foreclosure of the defaulting Owner’s Unit by the P ELI CAN REEF
VILLAS (CAYE CAULKER) LTD., in like manner as a mortgage on Real Property. In any
such foreclosure, the Owner shall be required to pay costs and expenses of such
proceedings, including reasonable attorneys’ fees. The P ELICAN REEF VILLAS (CAYE
CAULKER) LTD. may prepare a written notice setting forth the amount of such unpaid
indebtedness, the name of the owner of the Unit, and a description of the Unit. Such a
notice shall be signed by the PELI CAN REEF VILLAS (CAYE CAULKER) LTD. and may
be recorded in the Record of B elize. The lien for each unpaid assessment attaches to
the Property at the beginning of each assessment period and shall continue to be a lien
against the P roperty until paid. The costs and expenses for filing and notice of lien shall
be added to the assessment. Each assessment, together with interest, costs and
reasonable attorney’s fees, shall also be the personal obligation of the person who was
the Owner of such Property at the time when the assessment fell due. This personal
obligation for delinquent assessments, if not paid, shall pass to the successors in title.
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2. Purpose of Asse ssments. The assessment levied by the P ELICAN REEF VILLAS
(CAYE CAULKER) LTD., shall be used exclusively to promot e the recreation, healt h,
safety, and welfare of the residents of the Properties, for the improvement and
maintenance of the Common A rea, upkeep and replacements of all landscaping for the
maintenance, upkeep and replacement of all recreational facilities including the
swimming pool and related facilities, and for the maintenance of all exteriors of the Units,
except for maintenance and repair of glass surfac es which shall be the responsibility of
the Unit Owner.
3. Maximum Annual Asse ssment. Until January 01 of t he y ear immediately following the
conveyance of the first Unit by Declarant, the maximum annual assessment shall be
based upon an estimate of the expenses to be incurred.
(a) From and aft er January 1 of the year immediately following t he c onveyance of the
first Unit by the Declarant, the maximum annual assessment shall be as follows: (1)
annual assessment of three thousand dollars in the currency of the United States of
America ($3,000.00 U.S.), and may be increased each year based on the actual cost
of expenses which s hall take into account the inc reas e in those expenses due to
inflation but in no event will the assessment be increased more than 10% per year.
Taxes and insurance are not a part of the annual assessment and will b e billed by
PELICAN REEF VILLAS (CAYE CAULKER) LTD. on a separate invoice.
(b) The PELI CAN REEF VILLAS (CAYE CAULKER) LTD., shall maintain an adequate
reserve fund out of the annual assessments for the maintenanc e, repair and
replacement of those elements of the Common Area that must be replaced on a
4. Special Asse ssment for Capital Improvements. In addition to the annual
assessments authorized above, the PELICAN REEF VILLAS (CAYE CAULKER) LTD.
may levy in any assessment year, a special assessment applicable to that year only for
the purpose of defraying in whole or in part, the cost of construction, reconstruction,
repair or replacement of the exterior of any improvements or capital improvements upon
the Common Area, including fixtures and personal property relat ed thereto, provided that
any such assessments shall have the assent of two thirds of the Owners who are voting
in person or by proxy at a meeting duly called for this purpose.
5. Notice and Quorum for any Action Authorized Under Paragraph 4. Written notice of
any meeting called for the purpose of taking any action aut horized under Paragraph 4 of
this Article shall be s ent to all Owne rs not less than thirty days or more than sixty days in
advance of the meeting. At the first such meeting called, the presence of Owners or of
proxies entitled to cast sixty percent of all the votes shall constitute a quorum. If the
required quorum is not present, another meeting may be called subject to the same
notice requirements, and the required quorum at the s ubsequent meeting shall be one-
half of the required quorum at the prec eding meeting. No such subsequent meeting shall
be held more than sixty days following the preceding meeting.
6. Uniform Rate of Asse ssment. Both annual and special assessments must be fixed at a
uniform rate for all Units sufficient to meet the expected needs of the P ELICAN REEF
VILLAS (CAYE CAULKER) LTD., provided that there shall be no assessments set
against Units which are unimproved.
7. Date of Commencement of Annual Asse ssment. The annual assessments provided
for herein shall commence on all Units at the time of completion of improvements. The
first annual assessment shall be adjusted according to the number of months remaining
in the calendar year. The P ELICAN REEF VILLAS (CAYE CAULKER) LTD. shall fix the
amount of the annual assessment against each Unit at least thirty days in advance of
each annual assessment period. Written notice of the annual assessment shall be sent
to every Owner subject thereto. The due date shall be established by the P ELICAN
REEF VILLAS (CAYE CAULKER) LTD. The PELICAN REEF VILLAS (CAYE
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CAULKER) LTD., shall, upon demand and for a reasonable charge, furnish a certificate
signed by an officer to the PELICAN REEF VILLAS (CAYE CAULKER) LTD., setting
forth whet her the assessments on a specified Unit have been paid. A properly executed
certificate of the P ELICAN REEF VILLAS (CAYE CAULKER) LTD., as to the status of
assessment of a Unit is binding upon t he P ELICAN REEF VILLAS (CAYE CAULKER)
LTD., as of the date of its issuance. Any Owner purchasing a Unit between installment
due dates shall pay pro rata share of such installment.
8. Effect of Nonpayment of Asse ssment. Remedies of the PELICAN REEF VILLAS
LTD., any assessments, which are not paid when due, shall be delinquent. Any
assessment not paid within thirty days after the due date thereof shall bear interest from
the due date at the rate of twelve percent (12% ) per annum. The PELI CAN REEF
VILLAS (CAYE CAULKER) LTD. may bring an action at law against the Owner
personally obligat ed to pay the same or foreclose the lien against such Owner’s unit; and
in the event a judgment is obtained, such judgment shall include interest on the
assessment as above provided, and a reasonable attorney’s fee to be fixed by the Court,
together with the costs of the action. No Owner may waive or otherwise escape liability
for the assessments provided for herein by non-use of the Common Area or
abandonment of his Unit. So long as any owner is in default, the PELI CAN REEF
VILLAS (CAYE CAULKER) LTD. may, but is not required to, rent or lease the Unit of the
Owner and apply said rental payments towards any unp aid assessments.
9. Working Capital. The P ELI CAN REEF VILLAS (CAYE CAULKER) LTD. may require
the first private Owner of any Unit who purchases that Unit from Declarant to deposit with
the PELICAN REEF VILLAS (CAYE CAULKER) LTD. an amount equal to two times the
amount of the estimated monthly assessment, which sum s hall be held, in an int erest-
bearing account, by the P ELI CAN REEF VILLAS (CAYE CAULKER) LTD., as and for
working capital. All earned and accrued interest shall belong to t he P ELICAN REEF
VILLAS (CAYE CAULKER) LTD. to be used for working c apital. Such deposit shall not
relieve an Owner from making the regular payment of assessments as they become due.
Said deposit shall remain with the P ELICAN REEF VILLAS (CAYE CAULKER) LTD.,
subject to the Owner’s receiving a credit from any purchaser of the Owner’s Unit.
10. Subordination of the Lien to Mortgages. The lien of the assessment provided for
herein shall be subordinate of t he lien of any first mortgage including purchase money
mortgages evidence by a first mort gage of record, including deed of trust. Sale or
transfer of any Unit shall not affect the lien for said assessment charges except that sale
or trans fer of any Unit pursuant to foreclosure of any such mort gage or any such
executory land sales contract, or any proceeding in lieu thereof including deed in lien of
foreclosure, shall extinguish the lien of assessment charges which bec ame due prior to
the acquisition of title by any such First Mortgage. No such sale, transfer, foreclosure or
any proceeding in lien thereof, including Deed in lieu of executory land sales contract
shall relieve any Unit from liability for any assessment charges thereafter becoming due,
nor from the lien thereof.
11. Notice of Mortgage of Default. Upon request, a first mortgage shall be entitled to
written notification from the P ELICAN REEF VILLAS (CAYE CAULKER) LTD. of any
default in the performance by the Owner of any obligation under this Declaration and/or
the Bylaws of the P ELICAN REEF VILLAS (CAYE CAULKER) LTD., which is not cured
within sixty days. Such first mortgage, upon receipt of such notice shall have the right,
within sixty days of receipt of such notice, to cure the default by paying the amount in
default and foreclosing on such Owner.
ARTI CLE V – ARCHITECTURAL CONTROL
1. Archi tectural control. The Architectural Control Committee shall consist of three
persons: One appointed by a majority vote of the owners, and t wo appointed by the
Declarant provided, however, that until the entire project is completed and all Units have
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been sold, the Declarant shall have the right to appoint the Architectural Control
Committee. A Majority of the Committee may designat e a representative to act for it. It
shall have the power by the exercise of its best judgment t o determine that all structures,
improvements, construction, decoration, and landscaping on the Properties conform to
and harmonize with the existing surroundings and structures. For convenience, the
Architectural Control Committee shall hereinaft er sometimes be referred to in this Article
as the “Committee”.
2. Review by Committee. After the purchase of a Unit from Declarant no structure whether
residence, accessory building, swimming pool, ant enna, whether on a structure or on
said Unit, flag poles, fences, walls, house numbers, exterior lighting, or other
improvements shall be constructed or maintained upon said Unit and no alterations or
repairs to t he exterior of a structure shall be made and no landscaping performed unless
complete plans, specifications, and Unit plans showing the exterior design, height,
building materials and color scheme thereof, the location of the structure plotted
horizontally and vertically and the general plan of landscaping, fencing, walls, and
windbreaks, and t he grading plan shall have been submitted t o and approved in writing
by the Committee and a copy of such plans, specifications and Unit plans as finally
approved deposited with the Committee.
(a) The Committee shall approve or disapprove all plans and requests within thirty
days after requests have been submitted. The Committee shall maintain written
records of all applications submitted to it and of all action taken, in approving or
disapproving the plans submitted to it. The Committee s hall take into
consideration the design style and construction of the proposed building or
alteration, its location on the Unit, the harmony of its design, architecture and
location wit h the terrain and surrounding neighborhood and shall determine
whet her such proposed building is consistent with the general terrain, the
architecture of other buildings locat ed upon the P roperties subject to this
Declaration, and whether or not the construction or alt eration of said building will
adversely affect or decrease the value of other Units because of its design,
location, height, or type of mat erial us ed in construction. The Committee may
make reasonable requirements of the Unit Owner, including the submission of
additional plans, to ensure c onformanc e of such building or alt eration when
erected with these restrictions and covenants and with the plans submitted and
approved. The Committee may require such changes as may be necessary to
conform to the general purpose as herein expressed.
(b) The committee shall have authority to grant variances from the provisions of the
Declaration in cases wherein the strict enforcement of thes e restrictions would
result in unus ual hardship. The Committee shall be the sole and exclusive judge
of whether or not said hardship exists.
(c) Whenever the Committee disapproves of any proposed plans or specifications, it
shall state in writing its reason for such disapproval in general terms so that the
objections can be met by alterations acceptable by the Committee.
(d) All plans submitted to the Committee shall be left on file with the Committee.
(e) It is the intent of t his Declaration that the Committee shall exercise broad
discretionary powers hereunder and its decisions shall be final and conclusive
except for an arbitrary abuse of its discretion or an excess of its authority.
(f) The Committee shall res olve all questions or interpret ation under the Covenants
of this Declaration. They shall be interpreted in accordance with their general
purpose and intent as herein expressed.
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4. Liability of Archi tectural Control Committee . The Committee shall not be liable at law
or in equity to any persons submitting requests for approval or to any Unit Owner by
reason of any action, failure to act, approval, disapproval or failure to approve or
disapprove with regard to such requests.
5. Minor Violation / Setback Re stricts. If upon the erection of any residence upon any of
the Units which are subject to these restrictions, it is disclosed by survey that a minor
violation or infringement of set back lines has occurred, such violation or infringement
occurs, and such waiver shall be binding upon all the Owners who are subject to this
Declaration. Nothing herein contained shall prevent the prosecution of suit for any other
violation of the restrictions contained in this Declaration. A “minor violation” for the
purpose of this S ection is a violation of not more than one foot beyond t he required
setback line of Unit lines. This provision shall apply only to the construction of original
structures and shall not be applicable to any alteration or repairs to such structure.
ARTI CLE VI – MAINTENANCE
1. General. The Owner thereof when occupying their unit shall maintain the Unit in a neat
and attractive manner.
2. Exterior Maintenance. The P ELICAN REEF VILLAS (CAYE CAULKER) LTD. shall
provide exterior maintenance upon each Unit as follows; repair, replacement, and care of
roofs, gutters, and down spouts: painting, repair and maintenance of exterior building
surfaces, excluding the maintenance and repai r of all glass surfaces, such cost to be paid
from the annual assessment.
3. Maintenance of Common Area . The PELI CAN REEF VILLAS (CAYE CAULKER)
LTD. shall be responsible for the landscaping and maint enance of the Common Area as
well as those areas reserved by t he Declarant for Common Area us e, and shall have the
grass, weeds, trees, and vegetation cut and / or trimmed when necessary. Additionally,
the PELICAN REEF VILLAS (CAYE CAULKER) LTD. shall be responsible for the
maintenance and upkeep of the s wimming pool and related facilities. No Owner s hall, in
whole of in part, change the landscaping adjacent to his Unit by the addition or removal of
any items thereon without the prior written approval of the committee.
4. Willful or Negligent Damage. In the event that the need for maintenance or repair of a
Unit, common areas or the improvements thereon is caus ed through the willful or
negligent acts of its Owner, or through the willful or negligent acts of the family, guests or
invitees of the Owner of the Unit needing such maintenance or repair, the cost of such
maintenance s hall be added to and become part of the assessment to whic h such Unit is
5. Acce ss at Reasonable Hours. For the purpos e solely of performing the maintenance
referred to in t his Article, the PELICAN REEF VILLAS (CAYE CAULKER) LTD., through
its duly authorized agents or employees shall have the right, after reasonable notice to
the Owner, to enter upon any Unit or exterior of any structure situated thereon at
reasonable hours on any day except Sunday, and such entry shall not be deemed a
trespass. Nothing herein shall preclude immediate access by the PELICAN REEF
VILLAS (CAYE CAULKER) LTD. in the case of any fire or other emergency, which
poses a danger to lives or property.
ARTI CLE VII – EAS EMENTS
1. Reservation. There are hereby reserved for the Declarant its successors and assigns,
perpetual, alienable, divisible, and releasable easements and the right from time to time
to grant such easements to others over, under, and ac ross, such Units the Common Area
and the Properties for t he us e of the t ransmission of electrical current or impulses or
electronic signals for heat and fuel lines, for water lines, for utility lines, for sewer lines,
for drainage and for other similar or dissimilar facilities and services.
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2. Swimming Pool and Marine (pier). The P ELICAN REEF VILLAS (CAYE CAULKER)
LTD., its successors and assigns specifically reserve perpetual, alienable, divisible, and
releasable easements and the right from time to time to grant such easements to others
for ingress and egress to the swimming pool, marina, and docks.
3. Propane storage. The Declarant, its successors and assigns further reserve a
perpetual, alienable, divisible, and releasable easement to the rear of e ach residential
unit for the purpose of propane storage facilities which many encroach into the Common
4. Emergency Ea sement. A non-exclusive easement is further granted to all police, fire
protection, ambulance, and all similar, persons or entities to enter upon the Properties.
5. PELICAN REEF VILLAS (CAYE CAULKER) LTD. Easement. An easement is hereby
granted to this P ELICAN REEF VILLAS (CAYE CAULKER) LTD., its agents, employees
and assigns upon, across, over, in and upon the Properties as may be necessary or
appropriate t o perform the duties and functions whic h they are obligated to perform
pursuant to this Declaration or otherwise.
6. Use of Common Area:
(a) No use shall be made of the Common Area, which will in any manner violate the
statutes, rules, or regulations of any governmental authority having jurisdiction
over the Common Area.
(b) No Owner shall place any structure whatsoever upon t he Common Area, nor
shall any Owner engage in any activity which will temporarily or permanently
deny free access to any part of the Common A rea to all Owners.
(c) The use of t he Common Area and the restrictions of use on any portion of the
Common A rea shall be subject to s uch rules and regulations as may be adopted
from time by the PELI CAN REEF VILLAS (CAYE CAULKER) LTD.
(d) No use shall ever be made of the Common Area, which will deny ingress or
egress to those Owners having access to Units only over the Common Area.
7. Ea sements for Encroachments and Drainage . If any portion of the general common
elements encroaches upon a Unit, or if any portion of a Unit encroaches upon the general
common elements or upon the limited common elements of any adjoining Unit, a valid
easement for such encroac hment and for maintenance of the same, so long as it
continues, shall and does exist. Such encroachments and easements shall not be
considered or determined to be encumbrances eit her on the general common elements
or on the Unit affecting marketability of title or otherwise. Likewise t here are hereby-
reserved drainage and runoff easements upon all common elements and any Unit for the
purposes of all drainage and runoff (whether from rainfall or other natural occurrences ).
Such drainage and runoff shall not be considered to be a nuisance or actionable in any
either at law or in equity by the Owner of any Unit or the P ELICAN REEF VILLAS (CAYE
ARTI CLE VIII – RESIDENTIAL CHARACTER
1. Private Residential. All Units shall be used exclusively for private residential homes and
shall not be used for business, professional or other similar activity except Units, which
may be included in the P ELI CAN REEF VILLAS (CAYE CAULKER) LTD. Rental Pool
for hotel type rental only. No Unit shall be subdivided or partitioned.
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2. Temporary Structure s. No tent, tree house, barn, camping quarters, trailers or other
temporary structures s hall be placed or erected upon any Unit at any time except with
permission of the Architectural Control Committee.
3. New Construction. All construction shall be new and no building previously used at
another location nor any building or structure originally constructed as a mobile dwelling
or structure may be moved onto the properly.
4. Building Materials. No building materials shall be stored on the property or Unit except
temporarily during continuous construction of a building or its alteration or improvement.
5. Occupation. Any dwelling or building shall not be occupied in the courses of original
construction until substantially completed and all work of construction shall be prosecuted
diligently and continuously from the time of commencement until fully completed.
6. Destruction. Any dwelling or building which may be destroyed in whole or in part by
fire, windstorm, flood or for any other cause or act of God must be rebuilt or all debris
must be removed and the Unit restored to a sightly condition, such rebuilding or
restoration to be completed with reasonable promptness and in any event within eight
ARTI CLE IX – LIVING ENVIRONMENT STANDARDS
1. Unsightly Condition. Each owner shall prevent the development of any unclean,
unsightly or unkept conditions of building grounds on each Unit, which shall tend to
substantially decrease the beauty of the neighborhood as a whole or in the specific area.
2. Out-door Line s. No outdoor clothes pole, clothes line and ot her facilities for drying or
airing of clothing or household goods shall be permitted.
3. Trash. No ashes, trash, rubbish, garbage, grass, shrub clippings, scrap material, or
other refuse, or receptacles or containers thereof s hall be stored, accumulated or
deposited outside or so as to be visible from any neighboring property or street, except
during refuse collections.
4. Noxious Activitie s. No noxious or offensive activity shall be carried on within any Unit
nor anything done thereon tending to caus e embarrassment, discomfort, annoyance, or
nuisance, to the neighborhood. No offensive or hazardous activities may be carried on in
any Unit. No annoying lights, sound or odors shall be permitted to emanate from any
5. Exterior Noi se. No exterior speakers, horns, whistles, bells, or other s ound devic es
except security devic es used exclusively for security purpos es shall be loc ated, used or
placed on any structure or within any building site provided that all security devices and
intercom shall comply with paragraph 4 of the article.
6. Weeds and Di seased Trees. All yards and open s paces and the entire area of every
Unit on which no building has been constructed shall be kept free from plants or weeds
infected with noxious insects or plant diseases and from weeds which in the opinion of
the Architectural Control Committee are likely to cause the spread of infection or weeds
to neighboring property and free from brush or other growth or trash which in t he opinion
of the Architectural Control Committee c ause undue danger of fire. Any palm trees or
other landscaping infected with any disease shall be removed.
7. Antenna s. No aerial, antenna, satellite dish, or other device for reception or
transmission of radio or television or electronic signals shall be maint ained on the roof of
any building nor shall they be maintained at any location so as to be visible from
neighboring property or adjacent street except wit h the written approval of the
Architectural Control Committee.
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8. Animals. No animals or reptiles, including but not limited to dogs, cats, monkeys,
iguanas, lizards, snakes, birds, or turtles shall be kept on the balcony of the unit or any
common area. No animal, bird, or reptile shall be permitted, which in the opinion of the
Architectural Control Committee, makes an unreasonable amount of noise or odor, or
otherwise is a nuisance. Fish in aquariums are permitted.
9. Vehicles. No vehicle, boat, trailer, camper (on or off road supporting vehicles), tracto r,
commercial vehicle, mobile home, motor home, motorcycle, any towed trailer unit, or
truck shall be parked wit hin t he property. Bicycles and golf-carts (or equivalent ) are
permitted within the designated parking areas only.
10. Junk Vehicles. No stripped down, partially wrecked, or junk motor vehicle or sizeable
part thereof, shall be permitted to be parked on any street or on the property in such
manner as to be visible at ground level from any neighboring property or street.
11. Repairs. No maintenanc e, servicing, repair, dismantling, or repainting of any type of
vehicle, boat, machine, or device may be carried on within the properties or any Unit.
12. Signs. The only signs permitted on any Unit or structure shall be:
(a) One sign of customary size for offering of the signed property for sale provided
that said sign be approved in advance by the Architectural Control Committee.
(b) One sign of customary size for identification of the occupant and address of any
(c) Such multiple signs for sale, administration and directional purpose as are
approved by the Architectural Control Committee.
(d) Such signs as may be necessary t o advise of rules and regulations or to caution
or warn of danger, and
(e) Such signs as may be required by law.
There shall not be used or displayed on any Unit or structure any signs except those
mentioned above or any banners, streamers, flags, lights, or other devices calculated to
attract attention in aid of s ale or rent al. All permitted signs must be professiona lly
painted, lettered and constructed and approved by the Architectural Control Committee.
13. Inflammables. No Owner s hall use or permit t o be brought into or stored in t he building
or improvements any inflammable oils, or fluids such as gasoline, keros ene, naphtha, or
14. Parking. All motorized vehicles, recreational vehicles and trailers and all vehicles
described in Paragraph 9 of this article shall park only in designated areas.
ARTI CLE X – PARTY WALLS
15. General Rule. Each wall, which is built as a part of the original construction of the Unit
upon the properties and placed on the dividing line between the Units, shall constitute a
party wall. Except for normal repair and maintenance, damage or destruction t o any
party wall shall be the responsibility of the Owner causing the same.
16. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance
of a party wall shall be shared by the Owners who make use of the wall in promotion to
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17. Destruction by Fire or other Casualty. If a party wall is destroyed or damaged by fire
or other casualty, any Owner who has used the wall may restore it, and if other Owners
thereafter make use of the wall, they shall contribute to the cost of restoration thereof in
proportion to such us e without prejudice, however to the right of any such Owners to call
for a larger contribution form the others under any rule of law regarding liability for
negligenc e or willful acts or omissions.
18. Weatherproofing. Not withstanding any other provisions of the Article, an Owner who by
his negligent or willful act causes the party wall to be exposed to the elements shall bear
the whole cost of furnishing the nec essary prot ection against such elements.
19. Right to Contribution Runs with Uni t. The right of any Owner t o contribution from any
other Owner under Article X shall be appurtenant to the unit and shall pass to such
Owner’s successors in title.
20. Arbitration. In the event of any dispute arising concerning a party wall, or under the
provisions of the Paragraph, eac h party shall choose one arbitrator, and such arbit rators
shall choose one additional arbitrator, and the decisions shall be by majority of all the
arbitrators. Should any party refuse to appoint an arbitrator within ten days after written
request therefore by an Owner, the Declarant shall s elect an arbitrator for the refusing
party. The parties to the arbit ration s hall share the costs, thereof, and each party shall
pay its own Attorney’s fees.
21. Alterations. No alterations may be made t o the wall and no penetrations of any kind will
be permitted through the wall.
ARTI CLE XI – INTERIOR MAINTENACE AND REP AIR
1. Interior. The maintenance and repair of t he int erior of each Unit shall be the
responsibility of the Owner thereof.
2. Party Wall Easement. Each Owner, his agents and c ontractors, are granted an
easement for the purpos e of maintenance, construction, reconstruction, and repair, in,
over, under and upon adjac ent Units for purposes of party wall repair or maintenance in
accordance with Article X above, upon reasonable notice to the Owners thereof. A ny
damages occasioned to the adjacent Unit or improvements, including the Unit thereon in
exercising said easement shall be the responsibility of the Owner whose negligent or
willful acts or commissions cause such damage.
3. Exterior Wall Easement. Each Owner, his agents and contractor are granted an
easement in, over, under, and upon the adjacent Common Area for this purpose of
maintenance, construction, rec onstruction and repair of any exterior wall on such
Owner’s Unit provided, however, that such Owner shall be liable for any damage to the
Common Area, whic h shall be restored to its condition prior to such work.
ARTI CLE XII – INSURANCE
1. Insurance. The provisions of this Article shall cover all insurance carried in connection
with the Units.
2. Insurance Requirements Generally. PELICAN REEF VILLAS (CAYE CAULKER)
LTD. or its assignees shall be responsible for obtaining and maintaining in full force and
effect at all times casualty, liability, hazard, fire and general hurricane insuranc e.
Insuranc e the owners so desire for the replacement c ost of each Unit t ogether with all
personal property and furnishings will be at the Owner’s expense. Each unit Owner wi ll
reimburse P ELICAN REEF VILLAS (CAYE CAULKER) LTD. or its assignees their
proportionat e share of the policy.
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ARTI CLE XIII – GENERAL PROVISIONS
1. Covenants Run with the Unit. These Covenants shall run with the Unit and shall inure
to and be binding on eac h Unit and upon each person or entity hereafter acquiring
ownership or any right, title and interest in any Unit in the Properties.
2. Covenants Are Accumulative. Each of the Covenants is cumulative and independent
and is to be c onstrued without reference to any other provisions dealing with the same
subject matter or imposing similar or dissimilar restrictions. The provision shall be fully
enforceable although it may prohibit an act or omission sanctioned or permitted by
3. Covenants May not be waived. Except as these Covenants may be amended or
terminat ed in the manner hereinaft er set forth, they may not be waived, modified or
terminat ed and a failure to enforce shall not constitute a waiver or impair the
effectiveness or enforceableness of these Covenants. Every person bound by the
Covenant is deemed to recognize and agree that it is not the intent of these Covenants to
require constant, harsh, or literal enforcement of them as a requisite of their c ontinuing
vitality and that leniency or neglect in their enforcement shall not in any way invalidate
these Covenants or any part of them, nor operate as impediment to their subsequent
enforcement and each such person agrees not to defend against enforc ement of these
Covenants on the ground of waiver.
4. Enforcement. These Covenants are for the benefit of the Owners jointly and severally
and the Declarant and may be enforced by action for damages, suits for injunction,
mandatory and prohibitive, and other relief, and by any others ap propriate legal remedy
instituted by one or more Owners or the Declarant, its successors, or any combination of
them. All costs incurred by anyone in connection with t he successful enforcement
proceeding shall be paid by the party determined to have violated the covenants.
The Architectural Cont rol Committee may give notice for his Owner of t he Unit where a
breach occurs or which is occupied by the persons causing or responsible for the breac h,
which notice shall state the nat ure of the breach, and the Archit ectural Cont rol Committee
to invoke this Paragraph unless within a period stated in the notice, not less than five
calendar days, the breach is cured and terminated or appropriate measures to cure and
terminat e are begun and are thereafter continuously prosecuted with diligence. If the
breach is not cured and terminated as required by the notice, the Architectural Control
Committee may c ause t he breach t o be cured and terminated at t he expense of the
Owner or Owners so notified, and entry on Owner’s Property as necessary for such
purpose shall not be deemed a trespass. The cost so incurred by the Architectural
Cont rol Committee shall be paid by the person res ponsible for the breach and if not paid
within t hirty days after such Owner has been sent notice of the amount due, such
amount, plus interest at the rate of twelve perc ent per annum and plus cost of collection,
shall be a lien on the ownership interest in the Unit (including improvements thereon) of
each pers on so notified and shall in all respects be the personal obligation of t he Owner.
The A rchitectural Control Committee may bring an action at law for recovery of the costs
so incurred by it, plus int erest by it plus interest and cost of collection against the Owner
personally obligated t o pay and may bring an action to foreclos e the lien against the Unit
and improvements subject to the lien and there shall be added to the amount of such
obligation the c ost of preparing and filing the complaint in s uch action, and t he judgment
in any such action shall include interest as above provided and a reasonable attorney’s
fee to be fixed by the court, together with the costs of the action. The foregoing specified
rights and remedies shall not limit the right of any Unit Owner to enforce these Covenants
as otherwise may be provided by law or equity.
5. Duration, Revocation, and Amendment. Each and every provision of the Declaration
shall run with and bind the Unit for a term of t wenty years from the date of recording of
the Declaration, after which time this Declaration shall be aut omatically extended for
successive periods of ten years each. This Declaration may be amended by an
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instrument approved in writing by not less than two thirds of the Owne rs together with the
Declarant. Such amendment or revocation must comply with the laws of Belize.
6. Severability. If any of the Covenants shall be held invalid or become unenforceable, the
other covenants shall in no way be affected or impaired but shall remain in full force and
7. Actions in Writing. Notices, approval, consents, extensions, applications and other
actions provided for or contemplated by these Covenants shall be in writing and shall be
signed on behalf of the party who originates t he notice, approval, consent, application or
other action. Permission, consent or approval of Declarant of the Architectural Control
Committee under these Covenants is not effective unless in writing.
8. Notice. Any writing, including, any communication from the Declarant of Arc hitectural
Cont rol Committee to an Owner, shall be sufficiently servic ed if delivered to the Unit
owner by that Owner.
9. Registration by Owner of Mailing Address. E ach Owner shall register his mailing
address with the P ELI CAN REEF VILLAS (CAYE CAULKER) LTD. and all quarterly
statements, notices or demands, intended t o be served upon an Owner, shall be sent by
regular mail, postage prepaid, addressed in the name of the Owner at such mailing
address. All Notices, demands or other notices intended to be served upon P ELICAN
REEF VILLAS (CAYE CAULKER) LTD., shall be sent by regular mail, postage prepaid,
to PELI CAN REEF VILLAS (CAYE CAULKER) LTD., Calle Aguada, Caye Caulker
Village, Belize, Central America, until such address changed by a notice of change of
address mailed to each Owner by the P ELI CAN REEF VILLAS (CAYE CAULKER) LTD.
Owners shall likewise promptly notify PELI CAN REEF VILLAS (CAYE CAULKER) LTD.
of any change of mailing address.
10. Right of inspection. All Owners and First Mortgages shall have the right upon
reasonable notice to examine t he books and records of the PELI CAN REEF VILLAS
(CAYE CAULKER) LTD. relative to the use of the assessment funds.
11. Management Contract. Any Cont racts or Agreements between the Owners and
PELICAN REEF VILLAS (CAYE CAULKER) LTD., or its assignees shall be subordinate
to these Covenants and Restrictions.
12. Management. Owners do not have to put their Unit into the rental pool, but it cannot be
rented except through management of P ELICAN REEF VILLAS (CAYE CAULKER)
LTD., the same management as the rest of the units.
AGREED TO this _____day of _______________, 20__, in Caye Caulker Village, B elize, Central
BUYER(S ) SELLER(S)
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