Ocean Star Estates

Covenant Restrictions

DECLARATION OF COVENANTS AND RESTRICTIONS

Governing the Ocean Star Estates development

in Luperon, Dominican Republic

Ocean Star Estates (hereafter referred to as the “OSE Development”) is a residential, touristic project located within parcels no. 912 and 985 of the Cadastral District no. 5, Cambiazo section, in the municipality of Luperón within the Puerto Plata province of the Dominican Republic (hereafter referred to as the “DR”). The developer, Ocean Star Estates, LLC (hereafter referred to as “OSE”) or any of its assigns or successors, proposes to build a gated community, with limited access to third parties (not to include any person associated with the OSE Development, such as lot and property owners, visitors, tenants, property managers, builders, contractors, employees, etc.) for the sole purpose of using the public beach adjacent to the development (as currently required by DR law).  

To ensure peaceful co-existence among inhabitants of the OSE Development, as well as the quality and particular character of this development, all lot and property owners, as well as their families, visitors, employees, tenants, assignees, and any other third parties who enter the OSE Development for any reason, are required to abide by these implemented covenants and restrictions (hereafter referred to as “Covenants”), as set out below, along with any future amendments. 

Article 1: Administration

1.   These Covenants shall apply to the OSE Development, including any additions to the OSE Development, as provided in this Declaration.

2.   The Ocean Star Estates Home Owners Association (hereafter referred to as the “HOA”) may amend, rescind or add to these Covenants at any time.

3.    A request for an exemption to the Covenants must be made to the HOA; and any exemption granted by the HOA shall be specified in a Supplemental Declaration of Covenants and Restrictions.

4.    When the Architectural Control Committee (hereafter referred to as the “ACC”) is referred to in these Covenants, it shall mean Ocean Star Estates, LLC, or any of its assigns or successors. 

Article II: Restrictions, Permissions and Obligations – The following details the restrictions, permissions and obligations that apply to all lots and property within the OSE Development (not to include any common areas), and all owners, assignees and successors, of any title, of said lots and property:

1.       Lots within the OSE Development shall be used solely for residential purposes. Commercial buildings are not permitted. A small business may be operated within a residence only if employees, contractors or volunteers of said business are persons who live in the same residence as the small business. No business activity that is obnoxious, offensive, causes damage, or otherwise affects the tranquility of any neighbor is permitted.

2.       No subdivision or replatting of lots is permitted, except upon written approval of the ACC.

3.       Structures of a temporary character, including trailers, tents, shacks, garages, or any other outbuilding, shall not be used on any lot at any time as a residence, either temporarily or permanently. Failure to abide will result in the removal and/ or immediate dismantling of the structure. 

4.       Only one structure per lot is allowed. In addition, gazebos, pools, detached one- or two-car garages, and storage sheds are permitted, subject to approval by the ACC.

5.       Obnoxious or offensive activity, activity that causes property damage, annoyance or other actions that affect the tranquility of any neighbor is not permitted.

6.       All outdoor fireplaces and outdoor permanent grills on lots must be approved by the ACC.

7.       Animals and livestock, including chickens and other fowl, pigs, cows, horses, donkeys, llamas, rabbits and goats, are not permitted on lots. A maximum limit of two dogs and two cats is permitted per lot. Each owner is liable for any damage caused by a pet, and is obligated to remove a pet from the OSE Development when, in the judgment of the HOA, the pet causes noise, damage and/or nuisance to any neighbor. All pets must be kept on the owner’s property. Pets are allowed on the street and in common areas of the OSE Development only if controlled by leash or crated.  

8.       No activity or structure on a lot is permitted that alters or occupies the streets and/or common areas of the OSE Development.

9.       Block parties and any other event that would cause occupation of an OSE Development street or common area must be approved by the HOA.

10.   Each lot owner is allowed a maximum of two garage sales per year. Signs advertising a garage sale are not allowed in common areas of the OSE Development.

11.   Regarding cars, motorcycles and scooters owned by a resident within the OSE Development, only one such vehicle may be parked at any time in the street along the owner’s lot boundary. All other said vehicles must be parked in the lot’s driveway or garage.

12.   Boats, mobile homes, and other similar means of transportation must be parked in the owner’s driveway or garage.

13.   Generators that disturb the tranquility of any property owner at the OSE Development shall not be permitted.

14.   Satellite dishes must be aesthetically hidden on a lot, or their placement must be approved by the HOA.

15.   The OSE Development has as its quiet hours the time between midnight and 6:00 a.m.

16.   The easements for the installation and maintenance of utilities and drainage facilities are      reserved in this Declaration and will be reserved in any supplemental Declaration and may also be reserved as indicated upon any recorded subdivision plat of the OSE Development. Within these easements, no activity, structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels within the easements, or which may obstruct or retard the flow of water through drainage channels within the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which HOA, a public authority, or utility company is responsible.

17.   On an empty lot, prior to preparation for construction, only underbrush, small trees up to four inches (4”) in diameter and tree limbs up to seven feet (7’) above the ground, may be removed. Dead trees, diseased or damaged trees of any size may be removed at any time by the property owner. If the stump is left, it is to be cut even with and parallel to the ground. All logs, limbs and branches must be removed from the lot. Disposing of logs, limbs and branches on the property of another, without written consent of the owners of such property, is prohibited. The practice known as “tree-topping” on empty or unimproved lots is prohibited, unless the lot owner or agent (authorized in writing by the lot owner) receives prior approval by the ACC.

18.   The ACC is authorized to permit, upon application, tree removal on lots or common property to improve views of natural landmarks of property owners. The applicant must establish that the proposed removal of timber will reasonably improve the aesthetic value of the applicant’s property, in order to obtain the approval. The removal of palm trees is prohibited.

19.   Lots must meet the following minimal maintenance requirements: (a) grass and weeds may not exceed a height of nine inches (9”). Failure to comply will result in the HOA mowing and assessing a fee to the lot owner or property owner.

20.   Upon closing, the lot owner has a maximum of up to two years to submit a set of construction documents and specifications to the ACC for approval. Upon approval by the ACC, construction must be initiated with a maximum of one year. Construction must be completed with one year of construction initiation, including landscaping.

21.   The following exterior colors are approved for use on structures within the OSE Development:  Sherwin Williams-Caribbean Coral, Stratford Blue, Burma Jade, Sycamore Tan, Belvedere Cream, and any shade of white or cream will be permitted. 

22.  All structure exteriors must be built using the Spanish-Mediterranean architectural style.  This style includes features such as low-pitched or flat tiled roofs, arched doorways, windows, porches, patios, etc., wooden or wrought iron details, courtyard entrances and small second story balconies. 

22a.The following exterior materials are approved for use on structures within the OSE Development: stucco or like material, approved stone, or color-specific cement blocks.

23.   Roof construction within the OSE Development is limited to wooden roofs finished with terracotta-toned clay tiles.  Thatched roofs may be permitted on secondary structures such as storage building, gazebo, etc.

24.   The following construction materials are approved for use on structures within the OSE Development: walls made of cement blocks and poured cement, or wood frames. 

25.   During the period of construction, noises or other actions that would affect the tranquility of the neighborhood are prohibited between 6:00 p.m. and 7:00 a.m.

26.   Prefabricated structures for homes are not permitted.

27.   The minimal area for construction of a structure on a lot is 1,000 square feet.

28.   For privacy purposes,