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,
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