The present regulation shall apply to lot owners, affiliates properties and /or units in Condominiums and

all those relevant issues which are found in conformity to the respective law, in connection to the present

Condominium. This declaration shall govern the acquisition of interests and rights of this Property to

different persons, subject to the basic protection restrictions, conditions, agreements, reservations,

leasing, easements and changes made to these By-laws.

Condominiums shall be acquired, mortgaged, amortized, leased, used, occupied and subject to

improvements according to this By-laws, in concordance with the Regulating Law for Property in

Condominium, number seven thousand nine hundred and thirty three of day twenty-eighth of October,

year one thousand nine hundred and ninety nine, published in La Gaceta of day twenty-fifth of November,

year one thousand nine hundred and ninety nine, as well as the Urban Planning General Law, as well as

their declarations and regulations, with the purpose of improving and increasing the desirable value and

attractiveness of this Property in Condominium and its units.

All said limitations, agreements, conditions, reservations, leases, changes, facilitations and restrictions

remain duly established and imposed to the Property and each of the units, for the benefit of the

Condominium and each and all of the individual units and Owners of one or more Units and the Owners

of interests of any type in the Property or any portion thereof.

All said limitations, agreements, conditions, reservations, mortgages, charges, easements and

restrictions shall cover all properties and be applied to all Persons, Physical or Corporate, which have or

acquire any right, title or interest in the Property or any part of the Condominium, when as proprietor,

tenant, holder, occupant, or any other title conferred within the property destined to the Condominium

Regime. Each and all limitations, agreements, conditions, restrictions, reservations, charges, easements

and charges shall be considered as an equitable easement, claimable by any Proprietor against any

other Owner or any other Person who show an interest in the Property and shall be exercised by the

General Assembly acting through the Board of Directors and/or Manager.

Property in Condominium, number seven thousand nine hundred thirty-three of day twenty-eighth of

October year one thousand nine hundred and ninety nine, published in La Gaceta of the twenty-fifth of

November year one thousand nine hundred and ninety nine, Urban Planning General Law, Construction

each of them made in the present deed and that constitute the private areas. The Units shall mean and

refer to the elements of the Condominiums that are not owned jointly with other Owners of the other

Units in the Condominium. The limits of each Unit shall be shown and described in this deed and definite

plans that are used for its description; for the purposes of this By-laws and the allocation of fees, shall

also be considered units or affiliated properties those of equal definition to that herein indicated and that

Areas or elements of common use of the condominium delimited in the Condominium Plan. Common

Area shall mean or refer to the whole Condominium, except the affiliated properties or units and include

Common Restricted Areas. Common Areas shall be owned in indivisible units fractions by the Owners of

al Units as joint co-owners and shall be managed by the Condominium Association, its Board of

Directors and General Manager as mention hereafter. Soil use, zoning, use or purpose of a sector of

common areas could be modified with the approval of one hundred per cent of the proprietary members.

In the event of approval modifications to the Condominium Plan, the Board of Directors shall be

responsible for the elaboration of plans and corresponding documents and the approval procedures by

competent institutions in the subject matter. Common assets are and in consequence of inalienable and

indivisible dominion of all proprietors, those which are necessary for the existence, safety, health,

conservation, ornamentation, access, appearance and functioning of the residential group, as well as

Common Areas shall be treated as Common Areas as long as, in any way, the use and enjoyment of the

Restrictive Common Areas accessories to each Unit, as shown in Condominium Plan shall be for the

Unit as shown in the Condominium Plan; in this article and in all the rest, the term UNIT shall necessarily

The agent of management that could be a physical or corporate person and that shall be appointed by

the General Assembly acting through the Board of Directors and that shall be in charge of maintenance

maintenance, improvement, repairs, operation and management of the Condominium as determined by

the General Assembly of condominiums, including without limitations, the fees of the Associates to the

that each Proprietor must pay based on his/her Unit, irrespective of the size of the Unit or portion, since

regime established for the Property, created for this instrument in accordance to the Horizontal Property

in this deed; including the parcel of land or habitation unit established as such within the Design Plans of

proprietor and /or proprietors of the registered deeds in the Public Registry for the Condominium and that

could be physical or corporate individuals, except those who have a credit that is merely warranty of

compliance of an obligation. The Developer shall be a Proprietor while being the owner of one or more

design of the site of the condominium have been destined for parking of vehicles assigned to each case.

supervise compliance of the Condominium Architecture Regulations and those issues related to the

external aspect of the Units or Buildings, whether they are in Private or Common Areas, as well as

revision and approval of Draft of Plans and/or Construction, which shall be submitted by the proprietors

or their representatives prior to carrying out works. This committee shall comply with all established

requirements in Chapter Six; with the purpose of revision and approval of development proposals

submitted, in accordance to what is stipulated in the present By-laws and in the development regulations

and urbanism and architecture guidelines of the Condominium: It is established from hereon and

expressly accepted by the condominiums that all and any construction shall necessarily be, as

mentioned in chapter six, submitted to previous approval by this committee. While the developer as

defined and indicated hereafter, owns at least one condominium unit, shall be who appoints the

corporation, estate, trust, association pr any other legal or juridical entity with an interest in the Unit, the

and plans attached to this declaration and necessary for the registration of the Condominium before the

Public Registry; includes Master Plans, Master Development Plans and Site Design Plans approved by

the corresponding State Institutions, and refers to the Site Design Plans of the Nativa Primary

Condominium as well as Site Design Plans of the Secondary Condominiums established for such

Ventures S.A. constituted under the laws of Costa Rica or whomsoever appointed and communicate it in

this By-laws, which will govern the urbanism development and internal architecture of the properties, with

the purpose of maintaining hegemony in the buildings and external works, including landscaping of said

work or building will be allowed.

that has or claims to have a property in relation to a Unit, the Condominium or Property, including,

without limitations, Proprietors, residents, tenants, or Units sub-lessee, or of any other type in the

Property and shall be governed by the Regulating Law of Property in Condominium and this Declaration.

transferred, amortized, rented, used, occupied and improved subject to this Bylaw. All limitations,

agreements, conditions, reservations, liens, charges and restrictions in these By-laws are herewith

established and imposed on each Unit and on the Property for the benefit of the Condominium and each

and every one of the Units and Proprietors. This Declaration shall run with the property and should

concern all the Persons who have or acquire any right, title or interest in a Property, Unit or any other

part, when as sole Owners, jointly, owners, tenants or any other type. These provisions apply to any

future real rights acquirer on any of the residential units and by any person that through any title uses or

enjoys them. This Declaration shall be considered and shall be interpreted as an equitable Easement,

executable by the General Assembly acting through its Board of Directors and/or Manager.

concur and agree that the administration of the condominium shall be in concordance with the provision

in this Bylaw and the Regulating Law of Property in Condominium including any law appended and

reforms, changes and modifications that could be adopted from time to time by the General Assembly.

solved in concordance with the alternative of conflict resolution established in this bylaw.

Assembly, (b) Board of Directors, (c) Manager.

Member of the General Assembly.

Proprietors shall be represented by one person designated by them to act as responsible in

representation of the Co-Proprietors, who shall act as representative Proprietor before the General

Assembly and/or Board of Directors, as corresponds with the understanding that simple vote majority of

co-proprietors of the same affiliate shall elect the representative or authorize its administrator to be

represented in the General Assembly or Board of Directors of the Primary Condominium.

Members of the General Assembly and exercise their membership rights and privileges in the

Association including voting rights. Transfer of title of a Unit shall establish automatically transference of

membership in the General Assemblies to the new Proprietor.

under a Legal Power of Attorney, duly submitted to the Manager, previous to an ordinary or extraordinary

General Assembly of the Condominium, power that shall necessarily comply with what is established in

the Notarial Code; similarly, the representative of a corporate person who attends in representation of the

same as proprietor of a condominium unit, necessarily must submit prior to the assembly, notarial

certification of the corporate entity permit that accredits its permit and which must have been issued no

more than two months before the date of the assembly

this Declaration including, without limitations; the right to: (a) Approve and collect proprietors

maintenance fees and achieve payment in conformity with this Declaration, (b) approve special fess; (c)

elect and remove members from the Board of Directors; (d) ratify the election of the Manager by the

Board of Directors; (e) approve the Association annual financial statements prepared by the Board of

Directors; (f) adopt all By-laws and regulations implemented through this Declaration; (g) Approve any

addition or modification to this Declaration, (h) approve any extension or modification to the Common

Area; (i) terminate the Condominium and the Horizontal Property Regime created by this Declaration; (j)

sell or transfer the Condominium or any building within the Condominium that is common area; (k) ratify

the appointment of the Condominium’s manager; (l) in general, decide all those issues of common

interest for the Condominium and its Owners and Units, taking into consideration, at all times, common

use and enjoyment of the Property and Condominium by the condominiums.

time determined by the Board. The board shall send a convening to the meeting through a letter

addressed to the Owner to the mail address that appears in file found in the Association and publish a

notice of the meeting in the highest circulation newspaper in Costa Rica. A meeting of the Assembly shall

also be convened by the proprietors representing at least twenty percent of the Units through a

convening given in the manner mentioned above.

at least two thirds of the units, without regards to the size of the Unit because of the same value

assigned to each Unit. In the event of not having quorum present on the first call a second call shall be

convened in no less than twenty four hours after the first call notifying the members that the quorum was

not present during the first call. The necessary quorum to be able to hold a second General Assembly

meeting on the second call shall not be less than half of the units.

majority of those votes represented by the members present that constitute quorum, except those cases

in which the Law or this Declaration specifically require a greater vote. All decisions taken with a quorum

through a meeting duly notified shall concern all of the members.

unit size or proportion due to the same relative value of each Unit.

or by the Vice-president of the Board, if the President is not present. In the event of the President or

Vice-president’s absence, existing quorum, the members present shall appoint by simple majority the

director who will preside the assembly. The items of each meeting shall be kept by the Secretary of the

Assembly who will distribute copies of the items to the members present to the Assembly.

book of resolutions as indicated by Law. Resolutions shall be notarized and registered in the Public

Registry as well as authorized by the General Assembly.

authorized by this declaration or the ordinances that are reasonable necessary to reinforce any of the

previsions of this Declaration, and to carryout and elaborate its duties and responsibilities. In the exercise

of its rights, the General Assembly could bestow authority on the Board and/or Administration to act on

its behalf in the performing of its duties and responsibilities, as long as such obligation does not violate

the Law.

following indications. (a) The Developer shall appoint the first Board, which shall last two years. The

appointed Directors to the first Board shall not necessarily be Proprietors. (b) Upon expiration of the first

Board, a new Board shall be appointed. The Developer shall always have the right to appoint a Director

who could be or not be a proprietor. (c) At the expiration of the initial term, the members shall have the

right to appoint four Directors, who shall all be Proprietors. All of the Directors elected by the members

shall be appointed in a duly convened General Assembly meeting. Each Director shall serve for a twoyear

period, unless removed or replaced by the members in a meeting duly convened, which shall be

convened by any member for such purpose.

Declaration, compliance of the General Assembly’s decisions, collection of fees and adoption of rules it

implements and resolutions the Board makes when it deems it convenient.

through the affirmative vote of a simple majority of the votes present, either in person or by Proxy, in a

meeting duly convened, in which the required quorum is present.

event that the quorum is not present in a Board that has been meeting duly convened, no agreement

shall be taken by the Board in such meeting. Nevertheless, the members of the Board in said meeting

shall have the right to convene to a second Board meeting for the purpose of discussing and voting in the

items included in the convening of the first meeting, but granting no less than two working days previous

notice to send a written notice to all Board members, said written notice shall include a re-incorporation

of the items in the first convening. All the Board resolutions in the second convening shall be approved

by the affirmative vote of the simple majority of the voting members present.

given at least five working days previous written notice. Said written notice shall be delivered personally,

sent by mail or facsimile to the address given for notifications, by such Director to the Board. Said written

notice shall include a description of each of the items to be dealt with in said meeting.

through any other means approved by the Board. A convening will not be necessary when the totality of

the Board of Directors meets and it is so stated in their agreements.

a Secretary, a Treasurer and one more member officer, besides other officers and Association

committees, among associate members, as determined by the Board of Directors from time to time. Said

officers and committee members shall exercise ad-honorem at the Board’s discretion.

before the General Assembly of the Association’s daily administration. The manager does not

necessarily have to be a member or proprietor of the Association. The employment conditions,

responsibilities and remuneration for the Manager shall be established by the Board as a common

expenditure and referred to the General Assembly for its approval at the next regular programmed

meeting. The General Assembly could grant the Manager a special power that it deem necessary to act

on their behalf and in representation of the associates in the development of its responsibilities.

cause at any moment at the Board’s discretion.

among them which could be the following: (a).- The contracting and purchase of goods and services on

behalf of the Association through an established budget by the Board and approved by the General

Assembly. (b). All of that in conformity with the Declaration and By-laws. (c). Execute this By-laws,

ordinances and rules and regulations dictated by the Board and the General Assembly. d) All those

reasonable and necessary actions to maintain and preserve the well being, the project and the

proprietors, units and authorized persons to be in the property. (e), All the necessary acts to preserve the

use and enjoyment of the Condominium for the Proprietors and authorized persons to be in the property.

(f); To collect general and special fees and taxes duly levied by the Association on the Unit or parcel of

the Condominium. (g). Elaboration and issuing of receipts related to payment of fees and certificate

overdue fees of stocks, which will constitute a lien that shall grant the association the right to demand

judicial compliance when there is a public accountant certificate and approved by an attorney or any

other legal mechanism for the collection of unpaid fees (h). Contract, dismiss and supervise

Association’s employees in the development of their work responsibilities; open and maintain one or

more current accounts on behalf of the Association for the deposit and payment of common expenditures.

(i) Authorize emergency repairs and take urgent actions to prevent and protect the property of the

condominium. (j) represent the association in community meetings in general that could affect the

condominium as a whole. (k) If needed, establish individual accounts for each proprietor in relation to

payment of municipal and land taxes.

indivisible fractions of units by proprietor of all the units as joint holders and shall be governed by this

chapter. Rights of each proprietor in the common areas shall be inherent to the unit and could not be

separated by a parcel of condominium, nor shall be divided, or transmitted independently of a unit,

alienated, or lien except when done jointly with a parcel of condominium.

common areas that are not restrictive common area, subject to the following: (a) The right of the Board

and the General Assembly to suspend the right and use whatever recreational facilities in the common

areas for a proprietor for any period of time while the maintenance fees of said unit are unpaid, and for a

period which does not exceed thirty days for any infraction to the Association’s published rules. No

suspension shall be made effective unless the proprietor has been granted fifteen days after the

suspension notification and the motives why this is done to the proprietor shall be granted the opportunity

of being heard by the Board, orally or in writing, with no less than five days before the suspension date

goes into effect. The notification shall be given to the proprietor through any method determined as

reasonable to provide notifications. (b). The right of the Board with the approval of the General Assembly

to destine or transfer all or any part of the common area to any public entity, authority or public service

company or other similar purposes and subject to the conditions agreed by the Board and the General

Assembly. (c). The right of the Board with the General Assembly’s approval to borrow money for

common areas improvement. (d). Right to access, entry and exit to other proprietors to the common

areas and the right of installation and the use of public services in the common areas for the benefit of

the units, subject to rules and declarations adopted by the Board. (e). The right of the Board with the

approval of the General Assembly to give maintenance, create access easements and public services on

the common areas in favor of others. (f), The right of the Board with the approval of the General

Assembly to approve rules and declarations General to govern common areas, (including rules and

declarations), which restrict parking in common areas and the government of condominiums.

to his unit for its authorized use.

his sales agents, employees and independent contractors shall have: (a). A non-excluding right of entry,

exit, access within and in the common area for the purpose of making repairs to that area and for the

purpose of constructing, marketing, and maintaining the condominium, and (b). The right of nonexcluding

use of the common area of condominium for maintaining sales offices with advertisements to

commercialize the units to the public, until the units of the condominium have been sold by the Developer.

The use of the common areas by the Developer and his agents shall not infer irrationally in the use of the

common areas by the other members of the association.

the proposed use of the unit, his right in reference to the use of common areas and facilities to members

of his family, guests, tenants that reside in his unit.

following standards: (a) All trash and waste collected in the common areas shall be removed promptly

and such common areas shall be kept clean and free of waste and trash, except in the restrictive

common areas, which shall be kept clean and free of waste and trash by the proprietor of the unit

adjacent to said area. (b). All green areas and vegetal material shall be kept in healthy and prosperous

condition, free of weeds, trash and waste, (c) No building or structure or other improvements (which are

not public service lines) could be constructed, built, located or kept in the common areas, except

determined otherwise by the Board as in the best interest of the Association.

including streets, drainage facilities, and streets with lighting, open spaces, biological corridors, and

fences, in good appearance and in constant repair. The Association shall provide maintenance of green

areas and landscaping to replace trees, plants, grass and other vegetal material located in the common

areas by the Developer, it is absolutely prohibited for the condominiums to plant, place, install or in any

other way, plants, and ornaments out of its private area, since only management and the condominium

association could arrange vegetal material in the common areas, such as ornamental plants, trees,

bushes and any other. The manager shall be authorized to remove at the condominium expense, any

plant of any type or ornament that any condominium would have placed in any of the common areas,

even if it deals with the adjacent area to his private area.

good condition.

quarters, except in an emergency that threatens damage to other units), when necessary for construction,

maintenance and repairs in the surface, drainage pipes and facilities. Any type damage to a unit caused

by entrance of the Association shall be repaired and covered by the Association. When a condominium

unit has not yet been completely built, and is not adequately attended in regards to debris and weed

cleaning by unit proprietor, the Manager shall advise through a written warning, so that proprietor can

proceed, in a period no more than seven days, with the corresponding cleaning; if proprietor decides not

to act upon receipt of request, the Manager shall be expressly authorized to proceed with the cleaning of

debris and weeds, and costs (charged as the highest market costs) shall be passed on and charged in

condominium fees to proprietor, for lot negligence and not cleaning lot when requested to do so. It is

understood that while the proprietor shall not have paid cleaning costs, herein referenced shall

consequently incur in delinquency with condominium fees, understanding these additional charges as

individual fees, as defined in article forty-two, clause d.

two different constructions on its surface, and in accordance to the Architecture Committee guidelines,

the aforementioned article refers to all and each of the existing constructions in the restricted areas in a

determined unit.

appearance, all elements of the unit and restricted common areas adjacent to units, including the interior

of the Units, and in constructions, if existent, balconies, walls, yards, hallways, indoor green areas and

drains that are part of the Unit and restricted common areas (with the exception, if existent, when

maintenance is responsibility of the Association), consequently, the Unit shall have a impeccable

appearance, free of weeds, trash and debris.

any other work, or alter common areas, or interfere or impede the Developer or the Association, the

maintenance of common areas, such as established in aforementioned article thirty-four.

easements on the property in order to operate, under clear understanding, without limitation, easements

for installation, drainage, sewer and superficial service lines.

In accordance to the aforementioned, the owner herein convenes and agrees, that from time to time, can

issue the Developer easements and charges on the property as needed by the Developer, provided that,

in any way, all these easements shall be located in places approved by the affected owner, and said

approval shall not be denied irrationally, and if restricted common areas are involved, the access

easement shall of such nature that they do not irrationally interfere with the use and enjoyment of the

purposely intended property. The Developer agrees to compensate the Association and proprietors of all

losses incurred by third parties against the proprietors or resulting damages of use of any easement

granted according to this article. Furthermore, the Developer shall compensate the association and

proprietors against any sentence against the Association and any proprietor, according to competent

Jurisdiction Court, in regards to any action or arbitration on use of any easement, granted according to

this article, occurred when, Association is controlled by the Developer.

Condominium Plan shall be amended only with affirmative vote of one hundred percent of the proprietors.

The condominium plan shall be in accordance with the Horizontal Property Law and this declaration.

comply with each and all agreements contained in this declaration, including without limitation, the

agreement and obligations to pay fees to the condominiums association. Furthermore, each unit

proprietor, when signing a Unit deed, expressed in this act or not, is obligated to pay association fees.

For the purposes of this declaration, the term “fee” is defined as: (a) Ordinary Fees, those fees fixed by

the yearly condominium assembly, which shall be fixed in conformity of the effect and reasoning

presented by the Board of Directors to the Assembly; (b) Special Fees, those fees necessary for the

completion of determined work for the benefit of the condominiums, and that without urgency, requires

the additional collaboration of the condominiums; (c) Emergency Fees, are those necessary, that in

the Condominium; (d) Individual Fees, those assigned to any of the condominiums for incompliance of

that established in the present By-laws, or in accordance to the reasonably founded necessity requiring

used in the present By-laws, it shall be understood as a US Dollars currency amount, which can be the

same independent of the type of fee in question, and can be paid in Colones, at current currency

exchange rates at payment due date. Each fee, including late payment interests, reasonable attorney

costs and fees, shall be covered solely on behalf of the Unit’s proprietor, and guaranteed by a lien

against the Unit and in favor of the Association. It is understood and expressly agreed upon by the

condominiums, and especially by the representatives and leaders of the condominiums or secondary

heads, that those Units that exists independently from the number of secondary condominiums, shall

equally pay an individual fee as those paid by the primary individual condominiums units, consequently

the collaboration in the general condominium budgeting of those condominiums or primary units shall be

consistent with the number of secondary condominium units, and shall both have the same amount of

maintenance payment fees. Furthermore, the maintenance fees assigned here for secondary

condominium individual units shall have to pay the corresponding portion of the fee of the particular

condominium assigned in the specific condominium assembly. The aforementioned is in virtue that the

primary condominium geographical structure and design equally benefits the secondary condominiums

as a whole.

recreation, health, safety and welfare of the proprietors and users of the Condominium; (b) for common

area improvement and maintenance; (c) Association fee payment to Public Authorities; (d) General

condominium utility payment, such as water, green area maintenance and all common area servicing, (e)

to establish reserves for the repair and replacement of structures and property improvement; (f) Manager

costs and salary; (g) fee collection costs; (h) insurance and warranty costs; (i) any judgments or

conviction against the Association; and (j) costs incurred by the Association for compliance on behalf of

proprietors with this declaration and By-laws adopted by the Board.

establishment of reserve accounts and yearly budgeting approved by the Board and General Assembly.

Board, when the Board determines that the Associations’ available funds are or shall be inadequate to

cover the Association’s expenses for the Fiscal year. Special fees must be collected on a monthly basis

per unit. If a special fee is established during the calendar year, it shall be prorated during the remaining

months of the year, which were evaluated, unless otherwise determined by the General Assembly.

Association to an individual member to reimburse incurred costs by the Association in order to achieve

compliancy of a member or unit in accordance to dispositions of this Association and its By-laws. An

individual fee shall only be imposed once, by no less than fifty-one percent of the units after a notification

and an opportunity of a hearing in the General Assembly has been given to involved proprietor.

Chapter Two to approve any increments in regular or special fees with no less than thirty days and no

more than sixty days prior to effective date of such Regular or Special fee.

obligations of the Association according to that approved by the General Assembly.

fee can only be executed in an emergency situation defined as one or more of the following: (a) an

extraordinary expense required by order of the Court, (b) extraordinary expense to maintain or repair the

Condominium for which the Association is responsible, and when this presents a threat to the safety of

the people or if a damage is discovered within the Condominium; (c) if an extraordinary expense is

required to repair or maintain the condominium for which the Association is responsible for, and when it

is not reasonably predictable by the Board when preparing and distributing the yearly operations budget.

Although, before imposition or collection of an emergency fee, the Board shall approve a resolution

containing explanations of extraordinary expenses and reasons why such expense could not be

established at a uniform rate and must be collected within the following thirty days of notification.

units independent of unit size, due to relative value equal to each unit.

calendar month after transfer of the first unit to a third buying party. The Board, with the General

Assembly’s approval, shall establish the regular fee amount to be fixed to each unit, at least thirty day

prior to each regular fee period. Written notification of regular fee shall be sent to each proprietor. The

Board shall establish fee payment date. Fees can be collected monthly or as determined by Board.

behalf of proprietor for said unit at time of effective fee date. Any unpaid fees within the thirty days after

due date, shall be considered delinquent and shall start generating interests thirty days after due date at

an annual percent rate of fifteen percent, plus a late fee of ten US Dollars for each day after the thirty

days after due date, or as indicated in the Law. Payment of late fee amount shall be adjusted according

to the Law. The Association will enforce, in the event of non-payment of fee on behalf of any proprietor

at time when payment is due, Chapter Eight. The General Assembly can establish rules and procedures

for two grace periods, for which the Association will grant under this Chapter, and in the event that

proprietor fails in its obligation to pay said fee. All fees and charges shall be deposited in a Commercial

Bank selected by the General Assembly, and acting through the Board, in an account under the

Association. The Manager and General Assembly shall have control of such account and shall be

responsible in maintaining adequate records at all times.

mortgage, which shall be to pay late fees, interests, reconnection charges and reasonable attorney fees,

previous to obtaining property deed and its registration.

an official of the Association or the Manager, indicating Unit Fee Statement. Such certification shall be

obligatory by the Association according to its date. The Association can impose a charge to cover such

administrative costs in issuing such certification by the Board.

Association by renouncing use and enjoyment of common areas, or abandonment of unit.

the unit, such as electricity, cable and telephone. The Association shall be responsible for the payment of

responsibilities of common area services used by the Condominium.

to the Unit. In the event that the condominium as a whole receives one property tax for the entire

complex, the Board shall clearly designate between individual private areas, based on relative value of

each component. Taxes and fees assigned to the Units by the Board shall be prorated and paid by each

Unit, independently of size due to the same value relative to the entire unit. The Board’s determination

shall be obligatory to proprietors. The Manager is authorized by the General Assembly to make

arrangement with the corresponding authorities to disclose individual independent accounts in regards to

property and municipal tax.

operate a rental service of condominiums, under the majority-approved General Assembly guidelines.

For this purpose, the condominium rental pool is an arrangement that one or more units within the

condominium have agreed to be rented, through a central reservation service. Each proprietor agrees

that all reservations are managed through service operated by the Developer. It is understood that some

proprietors have acquired rights in this regard and are documented in the Developers files; these

proprietors shall be considered as previous to this modification and shall maintain their rights as long as

the property belongs to them and said rights do not infringe any of the rules established in these By-Laws.

arrangement, excavations, modifications, decorations, paint or reconstruction of visible exteriors or any

improvement, including main or added residency, backyard or fences in any unit or within common areas

of the Association shall be arranged or performed until specification showing nature, design, class, style,

size, height, width, color, material and location have been submitted and approved in writing by the

Nativa Resort Architecture Committee, which shall be comprised by no less than three and no more than

five people. All Architecture Committee members shall be appointed and replaced by the Board. The

Board shall be able to appoint itself as the Architecture Committee, if it decides to. Committee members

appointed by the Developer may not necessarily be condominium proprietors. Members appointed to

integrate the Architecture Committee by the Board of Directors must be condominium proprietors. Those

individuals that present proposals or plans and specifications to the Architecture Committee (individual

refers to as “applicant”) must obtain a dated receipt of said plans and specifications, and provide the

Architecture Committee the address where communications from the committee can be sent. In addition

to Architecture Committee’s approval and previously approved by said Committee, certain improvement

to the units or common areas of the Association shall have all construction permits or other approvals

from governmental offices which apply to such condominium.

only if it agrees that construction, alterations, additions or other construction activities contemplated

herein in the indicated locations, are not detrimental to the appearance of the Condominium and the

surroundings of the entire property. The appearance of any improvement shall be performed in harmony

with its surrounding and structure, and aspects such as architectural construction, alterations, repairs,

extensions and modifications shall coincide with the original architecture and design of condominium,

that for all effects and at this moment established, shall be for the protection of green areas and shall be

eminently ecological.

specifications, to those changes it considers adequate, and can require submission of additional plans or

other information necessary to approve or disapprove the submitted material. Until Architecture

Committee receives all plans, specifications or other necessary and required materials, this committee

can postpone project review and approval. Previous to construction plan execution, the applicant must

submit to the Committee a complete set of preliminary project work plans to be performed, in double

letter-sized sheets as minimum and at least a 1:100 scale. Also, letter-sized sheet reduction copies of

said plans must be included. The aforementioned must indicate the following information: Place and

Location, General and architectural distribution plans, Roof plans, Façade and Cuts. Furthermore, it is

recommended to include architectural detail and element diagrams to be implemented in the work. The

committee shall have a 10 working day period from complete document submission date, to issue its

criteria on the same, either for approval or rejection, in which case it must include its reasoning for the

same. Once the preliminary plans have been approved, the applicant shall be able to submit construction

plans and specification of project in question, which shall be submitted to the Committee previous to

construction permit request process, from the corresponding governmental agencies. Said Committee

shall have 10 working days to review and verify that the same does not present a different configuration,

design, elements or finish of that previously approved in the preliminary project, and in case of approval,

shall stamp said plans as gesture of approval. This stamp shall be present in all construction plans to be

presented to the competing governmental agencies in order to obtain construction permit. In case said

construction plans or specifications present differences in regards to preliminary plans previously

approved, the Committee shall not be obligated to approve them, and reserves the right to inform

competent institutions in construction permit matters that the project to be submitted does not have

construction work, and as requirement of such, a copy of all construction permits obtained for such effect,

shall be submitted to the Committee.

to the applicant, to the address indicated in the application within forty-five days after receipt of complete

material by the Architecture Committee. No application shall be approved, unless the applicant receives

a written approval notification from the Architecture Committee.

drawing for any work done or proposed or in connection to other issues that require approval and

consent of the Architecture Committee, shall not constitute a surrendering of rights for the approval and

in any similar proposal.

representatives, shall be responsible of any applicant or unit proprietor for any loss, damages or harm

caused by or concerning with the acts and responsibilities of the committee, unless a committee member

is responsible of guilty or fraudulent behavior.

legal recourse, necessary to avoid infringement of this chapter. In the case that the Architecture

Committee prevails at Court, the Architecture Committee shall have the capacity of charging its costs

and legal fees.

of rejecting or approving, any improvement made by the Developer in any unit or within the common

areas of the association; provided, in any case; that additions, alterations and modifications made by the

Developer within the condominium are consistent with the planned ecological design.

and all agreements and obligations included in this declaration, without limitations, the payment of fees in

accordance with rules and dispositions established in this chapter.

time of purchase, transaction or exchange, issues in favor of the Association a contract, as provided by

the Association, declaring that said individual is in conformance and agrees to abide each and all the

agreements in these By-Laws.

cessionary issue a contractual disposition, indicating that they agree with: (a) that in the event that said

mortgage credit acquires deed of unit, through execution, handed over in trust payment, said mortgage

creditor shall comply with all and each of the agreements and obligations given in these By-Laws, and (b)

said mortgage creditor shall accept that in order to transfer said Unit Deed, the individual must agree and

abide each of the agreements herein these By-Laws.

condominium is subject to the following: (a) The unit, once built, shall only be used as a private family

residence or in its place, for the use established in the Site Zoning Plans and its regulations. Any part of

the Condominium shall be used for business, commerce, manufacturing, marketing or any type of nonresidence

purposes, except those areas and lots that present Ground Use for the proposed purposes or

in those cases of lots assigned Conditional Ground Use, which allow said use, previously approved by

the Architecture Committee, (b) Excepting the General Assembly’s approval for the benefit of the entire

condominium, no signs can be shown publicly on or around the exterior of any unit, including signs that

advertise the sale or rent of the unit, which are expressly prohibited. The aforementioned is not

applicable to the Developer to its agents in connection to the original construction or sale of the units, (c)

Each proprietor shall have the exclusive right, bearing all costs, of painting, repainting, tile attachment,

waxing or wall papering or any other finish or decoration of indoor walls, ceilings, windows, floors and

doors within the unit and the surface of adjacent walls and unit subdivisions in the unit, furthermore,

bearing all costs and expenses, substitute new indoor surface finishes on walls, surfaces, separations or

ceilings, all towards the indoors, and any under circumstance shall the exterior of a residency unit be

painted in such way that it does not concur with the selection for such effects, and defined in the

architectural regulations approved by the Condominium Assembly. The paint selection chosen for

exteriors of a one-family residency, shall be previously approved by the Condominium Architecture

Committee, (d) each proprietor must maintain their unit in clean, sanitary and attractive conditions, and

shall be responsible for the maintenance, repair of indoor wall surfaces, fences, windows and doors (be it

glass, screen or any type of material) to the unit and electrical appliances, including, but not limited to,

refrigerators, dishwashers, illumination elements, heating equipment, water heaters or stoves located in

or connected inside the unit, (e) each proprietor shall have complete discretion in choosing indoor

furniture and interior decoration of the unit, (f) no items of any sort, shall be stored inside the unit, except

in non-visible areas of adjoining streets, common areas or other units, (g) no implement of any sort can

be stored or placed by the owner in common areas. Storage in common areas is authorized only to the

Association for equipment used for maintenance and operation of common areas, (h) all debris, trash

and dirt shall be removed from the unit by the proprietor, and accumulation in common areas or

restriction common areas is not allowed, (i) no proprietor shall be allowed to perform or cause structural

alterations or modification in the unit, without previous written authorization from the Architecture

Committee, (j) except in indoor yards, fences nor walls in common areas are not allowed, except those

that are installed in accordance to condominium plans or approved by the Architecture Committee. A

low-height hedge shall only be allowed to divide lots, and between one and the other, forty meters above

internal garden level. (k) Exterior clothes drying strings of any type are to be placed, (l) nor any type of

equipment that produces noise levels that surpasses sixty decibels perceived inside the unit construction

with shut doors and windows, nor entertainment shops or carpentry workshops in a unit or common

areas in any unit or common areas, except those that have previously established in the Condominium

Master Plan and/or is considered strictly necessary by the Developers and/or Condominium. Previously

approved by the General Assembly, no car or vehicle can park, or allow guests, visitors, servants or

family members to park their cars or any type of vehicle in non-assigned parking spaces destined for

such, that are not those assigned for said proprietor, or in visitors parking assigned areas, specifically in

Common areas, (n) also not permitted are any type of trailer, camper, mobile-home, boat, inoperable

vehicle or similar shall be allowed to stay in the area during the night. No type of vehicle maintenance or

repair (except in emergency services) shall be allowed in any area of the Condominium Common Areas.

Common area parking areas cannot be fenced. A roof can cover only those that are located within the

affiliated property. The Architecture Committee, must approve, previous to starting works, roof design

and structure to be used, as well as, other materials. Once approved, it shall have all the corresponding

construction permits, and copy shall be submitted to the Architecture Committee, before starting work. (o)

If proprietor wishes to perform an addition to the main unit within their land, understood as guest home,

this construction and its management and regulation, shall be in strict accordance with the current By-

Law for the said addition construction, (p) in case the proprietor of a condominium unit wishes to build an

additional home to their land, it understood and expressly accepted, that it will only be the same as guest

home style and unit. (q) animals and mascots in units and common areas, including restriction areas, are

allowed only in private areas, and in no way are allowed in common areas, nonetheless, those animals

or pets that disturb the peace and tranquility of the condominiums, or use and pleasure of the unit by

other proprietors, according the Board’s determination, shall be absolutely prohibited. For such effects of

the current clause, pets shall be only be understood as the following: domestic cats, legal birds, turtles,

domestic rodents and dogs with a maximum height of thirty centimeters from floor to chest, and under

any circumstance are the following dog races allowed: rottweiler, pitbull terrier, Doberman or any other

type of classified nationally or internationally as fight or guard dogs. In any of these cases, as mentioned

above, the possession of pets shall be restricted to the aforementioned animals and only by the majority

of the General Assembly, which can vary the criteria of accepting or not, animals outside the parameters

herein established. A maximum of two pets, same or different species, are allowed per condominium. In

any case, the allowed pet must necessarily be confined to the private areas and under absolute

responsibility of the condominium, even though they are not the owners of such and belong to guests or

tenants. The possession of pets and the responsibility to third parties, shall also be governed by the

current laws of the country, (r) no explosives, flammable materials, chemicals or, dangerous or toxic

materials shall be stored in any unit or common areas, which can endanger the health, safety or pleasure

of the condominiums or that produce bad odors, fumes or irritation to others, according to that

determined by the Board, (s) also prohibited are loud radios, television or any other source inside the unit

or common areas, including restriction common areas, and that might disturb other proprietors, according

to that determined by the Board, and that surpasses sixty decibels inside the private areas built as

established by power machines, (t) also not allowed is to burn inside or outside any unit or common area,

including common restriction areas, (u) it is prohibited to engage in any act or involvement in any conduct

with adverse effects towards the use and pleasure of the condominium on behalf of other proprietors in

criteria of the Board or of the General Assembly, and is obligatory of the condominiums, its guests or

tenants, to look after the décor and limit to all or any activity against the moral and good customs,

especially in common areas of the condominium. Improper, lascivious and sexual behavior in common

areas, even amongst married couples, are absolutely prohibited, the Manager and a condominium, shall

submit to the Board of Directors of the Condominium a formal written complaint against the observed

behavior and support case evidence, if the Board of Directors deems it necessary, and shall apply a

penalty fee of One Thousand US Dollars, which shall increase every time a conduct of this nature is

submitted, if non-payment is consequence of not paying the maintenance fees herein set forth.

conservation appearance of all parts of the unit and adjacent common restriction areas, including their

own construction, balconies, walls, windows, yards, hallway, indoor gardens and drainage facilities,

which are part of the unit and of the common restriction areas (except those that are maintenance

responsibility of the Association), so that at all times the unit presents a nice and attractive appearance,

free of weeds, trash and debris. Each proprietor shall contract indoor maintenance and improvement

services, and in charge of third parties, provided that all times these individuals shall be under

supervision of the proprietor, which shall be responsible for any incurred damages or losses caused by

these individuals. No proprietors should interfere or damage common areas or install green areas,

improvement or alteration of common areas, or interfere with the Developer or the Association in regards

with the maintenance of a common area. Only those species that are previously approved by the

Architecture Committee can be planted, in order to avoid the introduction of alien species to the habitat

created for the condominium, and preferably must plant endemic zone species. Also not allowed are

planting species of fruits and/or vegetables that have not been previously approved, in order to avoid the

attraction of animal and/or insect species, which might represent a threat to proprietors and visitors of the

condominium in general or to the vegetation itself.

right to improve, maintain, repair and alter or modify common areas or those that by judgment, can

deteriorate the quality of the condominium and all the installation or improvement of common areas, and

shall not be permitted that any proprietor make or hire to make, any of said work.

aqueducts, electricity, telephone, cable television and air conditioning lines, shall be regulated by Law

and other related laws and regulations governing public service lines. It is the lot proprietors’

responsibility to perform corresponding work connection, which in shall be contemplated in the technical

recommendation that for said effects shall be established by the responsible design engineer of said

work.

well as common use areas, are limited to the schedule established by the Board, and shall be used

within these hours by the occupants or building proprietor and occasional guests. This is in case said

facilities are within common areas, without detriment of own property, each condominium could build

their own indicated facilities. All those individuals authorized to use the swimming pool, spa and

recreational areas, shall be instructed on the use of the same with the same form of tranquility, comfort

and welfare of the proprietors and occupants of these adjacent properties, particularly during morning

and night hours.

exempt proprietor to comply with all and each one of the obligations imposed on proprietors in this

declaration and the Law.

said proprietor, shall be subject to the consequences and remedies of this declaration and the Law.

Remedies shall be accumulative in the event of more than one breach. In the event of repeated breach,

the General Assembly shall determine if proposed remedies of this chapter are inadequate to regulate

the specific situation, and the General Assembly shall impose additional remedies that the General

Assembly considers adequate according to the circumstance.

opportunity to read this declaration and seek legal counseling prior to acquiring condominium unit deed,

(b) said proprietor voluntarily accepts to complete all and each of the agreements and obligations

stipulated in this declaration, including, without limitation, the obligation to abide by this chapter, pay

fees and comply with rules established by the Board and General Assembly, (c) the price of said

proprietors pays or shall pay, in regards to the acquisition of their unit, is based on part on the agreement

of said proprietor in completing all and each of the agreements herein this Declaration, including, without

limitation, the obligation to abide by this chapter, pay fees and comply with rules and regulations

provided by the Board and the General Assembly, (d) when acquiring a unit deed inside the

condominium, each proprietor is trusting the agreement that the other proprietors have to comply with the

obligations in this declaration, (e) if said proprietors fail to comply with all or any of the agreements

stipulated in this declaration, it shall cause material damage and injury to the Association and to each

one of the proprietors, including the Developer.

are in charge of the Condominium Association. Material surface and finish in sectors within common

areas and/or outer gardens shall be approved by the Condominium or Sub-Condominium Association, as

deemed necessary.

created previous to submitting the property to the regime of condominium in this same deed.

type of viewpoints is established, in such way that all condominium shall abide said dispositions set by

the committee, in regards to viewing rights of a lot located above another, and which shall be maintained

albeit construction performed in the lot below. The Architecture Committee shall not approve any design

which contempt against another condominiums’ viewing rights against a lot located above.

promptly resolving any differences, voluntarily, all controversies or differences that can derive from the

current By-law, and that in a period of fifteen calendar days cannot be resolved through negotiation, shall

be submitted to: A. in first instance, through a mediation procedure, which cannot in any case, exceed

thirty calendar days, and B. in the event that conflict persists, in its entirety or partially, the parts agree to

submit to an equitable arbitration, which shall not exceed more than sixty calendar days. Said process

shall be performed in the Conciliation and Arbitration Center of the Costa Rican Real Estate Chamber, or

in its place, the US Chamber of Commerce of the Republic of Costa Rica, and in conformity with the

Alternative Conflict Resolution and Promotion of Social Peace Law, number seven thousand seven

hundred twenty seven of the Republic of Costa Rica, as well with the effective By-Laws and procedures

in said Centers at the moment that dispute arises. The Conciliation and Arbitration Center shall assign a

mediator, as well as allocating three members of the Arbitral Tribunal. In case of mediation, process

costs, shall be covered by both parties in equal percentages, independently of reaching an arrangement

or not. In case of arbitration, each party shall cover costs during the process, and shall be the losing

party who shall restore the same to the winning party during the term determined by the arbitrator.

relative or absolute, or was declared unconstitutional, unless if dealing with the object itself or any of the

essential elements of the condominium, said clause shall be eliminated from the present by-law, but the

effectiveness and validity of the whole, shall continue in force, eliminating only said referenced clause.

be set at twenty-five kilometers per hour; condominiums accept and acknowledge and shall acknowledge

that in regards to vehicle circulation, they shall be governed by the National Transit Law and related laws,

as well as corresponding lawful regulations.

on behalf of the Board of Directors. It corresponds to the Board of Directors, the appointment of manager

and shall be confirmed by the Ordinary General Assembly of Condominiums. Manager compensation

shall be set by the Board of Directors and included in the ordinary yearly budget

END
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zayraofcostarica@yahoo.com 

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