These Regulations were first introduced to the community in 2006, approved by the Board of Directors, and presented at an Annual General Meeting, at that time. They are extracted from actual Statutes in place, enforceable within the Dominican Republic, for the benefit of residents and visitors to Costambar.
REGULATIONS RESPECTING THE RESIDENTS AND PROPERTY OWNERS OF COSTAMBAR
ARTICLE 1. ORGANIZATION:
1.1 APC is the legal representative, accountable to the property owners responsible for administration, maintenance and repair of common areas and facilities in Costambar.
1.2 An unpaid Board of Directors composed of a President, First and Second Vice Presidents, Secretary, Treasurer and four Vocals will govern APC.
1.3 The duly elected Board of Directors, acting in good faith and for the benefit of all property owners, may make any and all decisions for the operation of the APC, unless such decisions are proscribed by these regulations.
1.4 Every person who owns a house, lot or an apartment in Costambar, by virtue of being an owner, or a renter with legal possession of a property becomes a member but can vote if their maintenance fees are paid up to the date of the Annual General Meeting.
1.5 A General Assembly of the members will be convened once every two years to elect the Board of Directors. Regulations governing the conduct of elections may be obtained from the Secretary to the Board of Directors.
1.6 A General Assembly or Extraordinary Assembly of the members must, by majority vote approve any changes to the Constitution, Bylaws or Regulations of APC.
1.7 Every property owner is obliged to pay a fair share of the administrative, maintenance and repair costs of the project, on a schedule as determined, from time to time, by the Board of Directors and confirmed at an Annual General Meeting.
ARTICLE 2. CONSTRUCTION:
2.1 All property within parcela 215 (Costambar), with the exception of the Area Verde, is divided into lots, which are registered at the Land Titles office in Puerto Plata. These lots can be used only for the construction of a house or building in which people live.
2.2 No construction, building, annex, wall, structure or alteration will be made without obtaining the approvals set out. APC must file a letter of “No Objection/Objection” to reflect the interests of all property owners, in particular those within 100 metres affected by the proposed construction, prior to commencement.
2.3 All plans being submitted for approval must be signed by a duly licensed Architect or Engineer, along with a photocopy of his/hers license.
2.4 The plan will contain all necessary information about proposed construction, legal description of the land, map, land survey showing trees, and each specific place where construction will take place, the nature of that construction, as well as electric and sanitary installations.
2.5 Lots are to be a minimum size of 400 square meters, and no subdivision of existing lots is permitted.
2.6 There will be a minimum of 3 meters between the construction and the lateral lot’s edges, and 5 meters for a garden. In the case of those lots whose minimum width is 18 meters, the laterals will have a minimum requirement of 40% of the width.
2.7 A building may not be more than three stories and may not exceed 11.5 meters in height.
2.8 A minimum of 30% of the area of each lot must be uncovered and water absorbing.
2.9 Wood will not be used for the weight-bearing frame of a house. Wood can only be used as decoration, the roof or fencing.
2.10 Construction plans must propose a design of a building, which is consistent with others in the neighbourhood, such as the use of tile, ” Bermuda ” roofs, and neutral colours such as white or beige.
2.11 Each residential building must have adequate off-street parking, taking into account the number of dwellings in the buildings.
2.12 All multi-family dwellings, such as apartments and condominiums must have their own cistern.
2.13 It is the responsibility of the owner to ensure the suitability of drainage, sewage, water connections, and construction of a septic system. It is not permitted, under any circumstances, to drain any septic tank in the Atlantic Ocean , any lake, river, lagoon, beaches, open spaces, or Area Verde.
2.14 APC is entitled by law to require an amount not to exceed 3% of the budget price of a construction to reorganise and repair the environment effected by such construction.
2.15 During a construction project the streets must be kept clean, materials must be kept within the property and cement may not be mixed on the street. At the conclusion of a construction project, the owner must ensure that construction material is removed from the street, sidewalk and adjacent lots.
2.16 No substantial change may be made to the exterior of an existing building, which affects the view or structure without prior approval, “No Objection/Objection” of APC acting on behalf of the homeowners who live within 100 meters of the building.
2.17 No work will be performed that tends to change the character of the lot, or extending the size of the lot beyond established limits. This expressly includes the legal limits as they relate to the roads, the Atlantic Ocean or river.
2.18 No person may live in a house, which has not been completed, as will be determined by building inspectors and neighbouring property owners represented, in writing, by APC.
2.19 Neighbours cannot place gas and diesel storage tanks or similar artefacts where they are visible from the street or by neighbors. They must be kept underground, or in suitable storage areas.
2.20 When the proposed construction has received the necessary approvals, construction must not be delayed and the owner must ensure completion within one year or action may be taken to clear the site.
2.21 A vendor of property in Costambar must provide a copy of the regulations to the purchaser to ensure complete disclosure of the duties and obligations of ownership. Failure to do so may result in the contract for Purchase and Sale being null and void at the discretion of the purchaser.
2.22 The owner/vendor, prior to sale, must pay all fees and assessments against a property.
ARTICLE 3. TRAFFIC/ROADS
3.1 Heavy trucks and heavy-duty vehicles are not allowed on Costambar roads; except where specifically approved. Any damage caused by such vehicles is the responsibility of the owner of property being serviced by that vehicle.
3.2 All persons operating a motor vehicle in Costambar must be in possession of a valid driver’s license in their name.
3.3 No vehicle may be driven in excess of 35 km/h.
3.4 Any person who causes damage to the surface of the road, drainage, sidewalk, bridge or other part of the road right of way, is required to restore the damaged portion to its original condition.
3.5 No one may subdivide a lot in such a way as to change the right of way of the road, or sidewalks of Costambar.
3.6 All vehicles being operated in Costambar must be in proper working condition with adequate lights, emission controls, brakes, mufflers and must be legally registered.
3.7 Failure to comply with any these requirements may result in the vehicle being impounded until the conditions are met.
ARTICLE 4. SIGNS/DISPLAYS
4.1 No person may place a commercial or political sign/display on the right of way, or any other person’s property and must obtain a letter of “No Objection/Objection” from.
4.2 Signs may be placed only on the property in front of the business being so advertised.
4.3 APC as it affects parking, speed limits, school zones or other traffic conditions may place traffic lights and signs as the need arise. Violations of the posted direction may result in the vehicle being “booted”, towed at the owner’s expense, or fined in accordance with existing statutes.
4.4 APC may provide space for business signs at various locations through the Project. Extraneous signs will be removed.
ARTICLE 5. UNDEVELOPED PROPERTY
5.1 The owners of undeveloped property remain responsible for the care and upkeep of that property. This requires that they be kept clean, surrounded by a cement wall or fence made with cement posts. Lots must take into consideration the needs of the owners of houses nearby to meet security and sanitary standards. The use of these lots as produce gardens is not allowed.
5.2 No person may place a temporary structure on a lot, such as a tent, trailer or similar installation, except those, which are made by a contractor under permit. Such a structure may be used during the time of construction, and at the end of the project must be removed along with other construction material.
ARTICLE 6. BEACH AREA
6.1 No businesses are allowed anywhere on the beach area, except those that have permits as required by law for a business of that nature, under the existing laws of this country.
6.2 No building can be erected within 60 meters of the high water mark, except under the signature of the President of the Dominican Republic .
6.3 Businesses must provide sanitary facilities, with approval in the form of permission from Salud Publica, and sewage is not allowed to leak into the ocean or other areas that may cause a health hazard.
6.4 Any food and beverage establishment must be able to demonstrate that it is self sufficient with respect to services such as garbage pick up, water and electricity as a legal client with a contract CORAPLAATA, or Edenorte, and APC.
6.5 Permits must be obtained through APC. for special events on the beach such as dances, bonfires, and those events cannot be such as to disrupt the tranquility of surrounding residents.
6.6 The beach is a public area available for the enjoyment and use of every person between sunrise and sunset. Parties on the beach after sunset require a permit from the Marina de Guerra
ARTICLE 7. AREA VERDE
7.1 The General Plans legally approved for Costambar show those areas designated as Areas Verde as may be seen on this Web Site
7.1 Land designated, as Area Verde is communal property, and as such not be leased rented, bought or sold by any person or company.
7.2 No kind of kiosk, booth, selling point, or garden may be established on the Area Verde.
ARTICLE 8. ANIMAL CONTROL
8.1 Property owners and residents are required to keep household pets such as dogs and cats under control, so as not to disturb the community by running free in the project.
8.2 Owners of animals that pose a threat to the safety of people, or other animals, must keep these animals under control to prevent attacks on people, or other animals. Failure to do so will result in the destruction of the dangerous animal, while the owner will be held legally liable and responsible for all costs associated with the conduct of the dangerous animal.
8.3 Property owners and residents may not keep livestock such as cows, goats, pigs and chickens.
8.4 No person may bring horses into the project for the purpose of grazing or conducting horse tours. Property owners who have horses must maintain them outside the project and should not ride them in the project, while horses are legally prohibited on the beach.
ARTICLE 9. MISCELLANEOUS
9.1 No person is permitted to cut trees and palms without written permission of the Forestry Department.
9.2 No Person may perform or allow to be performed on his/her property or any area any activity, such as repair shops, flea markets and cabinet makers, that tend to cause a disturbance, disagreement or discomfort, including a noise over 60 decibels, at ten feet distance from such activity. Music, even if of a lesser volume, that may disturb neighbors must cease at ten o’clock in the afternoon if the neighbor complains.
9.3 If a person decides to clear lots or destroy garbage by burning it they must be sensitive to the safety and pollution concerns associated with such act. A permit is required from the Forestry Department, and if the smoke emissions are significant permission from the Environment Department. The Fire Department must also be notified.
9.4 No person may keep or store any corrosive, explosive, flammable or unhygienic materials in the community.
9.5 Only gas, electric ovens or barbecues may be used, and no person may use equipment or machinery, electric wires or artifacts that emit smoke and effect safety and quality of the environment.
9.6 Residents must not hang or display articles outside their homes on the windows or balcony that are offensive to the community.
9.7 Each residence must provide adequate containers for the storage of garbage to be located in front the residence, secured such that they cannot be overturned, and cannot be allowed to emit offensive odors.