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NOTE: In 2008, Eduardo Basurto, Director of Cozumel's Urban Development,  signed a document that officially changed the zoning regulations in Mariposa Estates. The new zoning regulations increased the value of the lots significantly. In addition, owners and potential buyers now have much more flexibility in what they build and how to best utilize their property. The zoning regulations adopted in 2008 allow owners to:

  • Subdivide larger lots into 1 hectare (2.5 acre) lots
  • Build up to two 2-BR houses OR one 4-BR house per hectare
  • Homes can be up to 500 sq. meters per hectare as follows: 
    • 1 hectare lot (2.5 acres): You are allowed a total of 5282 sq. ft. You can build one 4 BR house with 5282 total sq. ft. OR two 2 BR houses each with 2641 sq. ft.
    • 2 hectare lot (5 acres): You are allowed a total of 10,794 sq. ft. This could be two 4 BR houses, each with 5,397 sq. ft.; OR four 2 BR houses, each with 2698 sq. ft.
    • 4 hectare lot (10 acres): You are allowed a total of 21,528 sq ft. This could be four 4 BR houses, each with 5382 sq. ft.; OR eight 2 BR houses, each with 2691 sq. ft. 

*Patio and pool areas are included in the square footage.


Preface: The following covenants have been created to serve as guidelines in Mariposa Estates. Any variances must be applied for in writing. All construction and use-of-property must meet local environmental restrictions and building requirements and codes.

Protective Covenants
Owner of all of that certain tract of land described as Mariposa Estates (hereinafter referred to as the development), on the island of Cozumel, State of Quintana Roo, Mexico has declared that all of the tracts in the subdivision are, and for the period of time hereinafter stated shall be, subject to the following protective covenants, restrictions and servitudes, and that every subsequent owner of said lots shall be bound to said covenants, restrictions and servitudes and shall accept title subject thereto.

  1. Land Use and Building Type. Each lot shall be used exclusively for residential purposes, with the exception of Lots F-2, F-6 and Lot 1 (Lot 1 may be used for reception or office/administrative purposes for the development). No building shall be erected, altered, placed or permitted to remain on any lot other than two 2-BR houses OR one 4-BR house per hectare (10,000 square meters; approximately 2.5 acres). Structures with living area not to exceed two stories in height and a private garage for no more than three vehicles. The Architectural Control Committee must approve garage facilities, and any separate storage building(s) on lots after reviewing specifications and proposed placement on lot. Specifications for maximum lot coverage, separation of septic tank and potable water systems, maximum sizes and placement of garage, storage buildings, housing for staff shall be architecturally consistent with the design criteria, as approved by the Architectural Control Committee. See “design criteria,” which is attached and made a part of this document.
  2. Architectural Control. No building shall be erected, placed or altered on any lot until the construction plans and specifications and the plans showing the location of the structure have been approved by the Architectural Control Committee. Construction can begin upon approval of design, building and placement on the lot based on design criteria and approved by the Architectural Control Committee.
  3. Quality and Size. All structures shall be of new construction. Dwelling area (exclusive of porches, patios and garages), must be no less than 1,000 square feet and up to 500 sq. meters (5382 sq. ft.) as follows:
    • 1 hectare lot (2.5 acres): You are allowed a total of 5382 sq. ft. You can build one 4 BR house with 5282 total sq. ft. OR two 2 BR houses each with 2641 sq. ft.
    • 2 hectare lot (5 acres): You are allowed a total of 10,794 sq. ft. This could be two 4 BR houses, each with 5,397 sq. ft.; OR four 2 BR houses, each with 2698 sq. ft.
    • 4 hectare lot (10 acres): You are allowed a total of 21,528 sq ft. This could be four 4 BR houses, each with 5382 sq. ft.; OR eight 2 BR houses, each with 2691 sq. ft. 

    Patio and pool areas are included in the square footage.

  4. Building Location. No residence shall be located within 50 feet of property lines, nor within 100 feet of another residence. See “design criteria,” for details.
  5. Easements. All lots shall be benefited and burdened by non-exclusive easements for roadways and underground utilities, which easements shall be within the roadways as shown on the subdivision map of Mariposa Estates. The utilities and roadways within said easements shall be maintained and repaired at the direction of the Architectural Control Committee, with the costs of any repairs, maintenance and/or replacements paid by all lot owners in proportion to the number of lots owned by each owner (e.g. if one owner owns three (3) of the 35 lots, he would owe 3/35th of the costs). If any lot is subdivided, all old and new lots created shall bear an equal share of costs regardless of its size.
  6. Nuisances. No lot shall be used in whole or in part for the storage of rubbish of any character whatsoever, nor for the storage of any property or thing that will cause the lot to appear in an unclean or untidy condition or that will be obnoxious to the eyes, nor shall any substance, thing or material be kept upon any lot that will emit foul or obnoxious odors, or that will cause any noise that will or might disturb the peace, quiet, comfort, or serenity of the occupants of surrounding dwelling. Toxic substances must be safely stored in secured and sealed containers. Toxic substances may not be disposed of on the property (i.e. used car oil, carbon tetrachloride or cleaning fluid, pesticides, etc.). No poultry, livestock, horses, or animals other then those indigenous to the property may be kept upon any lot except for up to two spayed or neutered dogs or two cats. All pets shall be confined to the premises of the owner at all times. No manufactured trailer house, motor home, buses, or non-licensed vehicles are allowed to be stored on the premises.
  7. Temporary Structures. No structures of a temporary nature, such as trailer house, tent , shack, or other buildings shall be permitted on any lot at any time either temporarily or permanently. Motor homes may be allowed during the construction process for up to 3 months (permission must be given by the Architectural Control Committee; a monthly parking fee may apply). All structures shall be of a permanent nature and constructed on site. All structures must be completed before the structure shall be used as a residence. Bodegas for dry storage and portable toilet are exempt during construction.
  8. Grading, Well and Disposal Systems, Electrical. No sod, fill, sand or gravel shall be sold or removed from any lot except with the consent of the Architectural Control Committee. Excess soil from excavation shall not be stored upon any lot and will be delivered to such a point in the subdivision as may be assigned by the Architectural Control Committee. All lots shall be maintained after construction is completed. It is the responsibility of the buyer to provide dwelling with water and septic tank or disposal system to comply with standards as set forth in the design criteria and as approved by the Architectural Control Committee. Installation of individual wells and disposal systems shall conform to design criteria as to location on each lot and with relation to similar installations on adjoining lots, and to relation of a central well or water source if such is installed. See septic and well specifications document. Main electric lines will be supplied by developer; but buyer is responsible for installing transformer and connection to the house.
  9. Architectural Control Committee. The Architectural Control Committee is composed of Fulvio Cuccurullo, owner of said development and two additional members appointed by him. A majority of the committee may designate a representative to act for them. In the event of death or resignation of any member of the committee, the remaining members shall have full authority to designate successor. Neither the members of the committee nor its designated representative shall be entitled to any compensation for services performed pursuant to the covenant. The committee shall have the right and duty to plan the orderly development of the subdivision, and oversee design criteria.
  10. Procedure of the Architectural Control Committee. The Architectural Control Committee’s approval or disapproval as required in these covenants shall be in writing. All decisions by the Committee shall be subject to majority vote.
  11. Term. These covenants are to run with the land and should be binding on all parties, their successors and assignees, for a period of 10 years from the date these covenants are filed or recorded, after which said covenants shall be automatically extended for successive periods of 10 years, unless a majority of the lot owners (with one vote per lot) vote not to extend the covenants. The Architectural Control Committee has the right to make changes or amend covenants; and will consider recommendations for revisions or variances.
  12. Association. The Buyer(s) of any lot within Mariposa Estates shall sign a copy of this document to indicate acceptance and agreement to adhere to covenants within this document including design criteria. Said buyer(s) holds a membership in the Mariposa Estates Association and agrees to association terms which is attached and made a part of this document.
  13. Above Protective Covenants and Restrictions. These apply to all zoned residential lots in the development.
  14. These Protective Covenants are intended to and shall inure to the benefit of each lot and be a burden on each lot, shall run with the land, and shall be binding upon and inure to the benefit of the successors and assigns of each lot owner
  15. COVENANT AGREEMENT/ACCEPTANCE
    All buyer(s) of property or properties in Mariposa Estates, must sign a document indicating agreement to accept the stipulations outlined in the covenants, design criteria and Association terms.

    Mariposa Estates
    Design Criteria/Construction Specifications

Each lot shall be used exclusively for residential purposes, with exclusion to the following: 1. Lot F-6 for the owner, who has approximately 80 acres in northern section of the development. Owner reserves the right to use this land at his discretion or to subdivide and sell . 2. Lot 1 for owner, Fulvio Cuccurullo. Owner has the right to use this land for reception or office/administrative purposes or to sell. 3. Lot F-2 for owner (Martin) who has requested the right to build a structure for a bed and breakfast.

All structures shall be of new construction. Dwelling area (exclusive of porches, patios and garages), must be no less than 1,000 square feet and up to 500 sq. meters (5382 sq. ft.) as follows; ; subject to local environmental and zoning restrictions:

  • 1 hectare lot (2.5 acres): You are allowed a total of 5382 sq. ft. You can build one 4 BR house with 5282 total sq. ft. OR two 2 BR houses each with 2641 sq. ft.
  • 2 hectare lot (5 acres): You are allowed a total of 10,794 sq. ft. This could be two 4 BR houses, each with 5,397 sq. ft.; OR four 2 BR houses, each with 2698 sq. ft.
  • 4 hectare lot (10 acres): You are allowed a total of 21,528 sq ft. This could be four 4 BR houses, each with 5382 sq. ft.; OR eight 2 BR houses, each with 2691 sq. ft. 

Patio and pool areas are included in the square footage.

Structures are limited to two stories in height or 30 feet; whichever is lower, excluding rooftop patio area, a portion of which may have a thatched roof.

Structure must be complete before occupancy occurs, with water, septic tank and electricity properly installed and working. Windows, doors must be installed, and interior/exterior paint applied before occupancy.

Drawings of house plans, including garage, storage structure, staff housing, patios, gazebos, palapas and pool area, including proposed placement on the lot, must be submitted to the Architectural Control Committee for approval. 

No trees larger than 8” in diameter may be cut or removed without the approval of the Architectural control committee. Preservation of the environment must be a consideration when planning and during construction.

All structures must have a roof, either of concrete or thatch.

All structures shall be of new construction. 

No dwelling shall be located within 50 feet of property lines, nor within 100 feet of another residence.

No structures of a temporary nature, such as trailer house, tent, shack, or other buildings shall be permitted on any lot at any time either temporarily or permanently. A motor home may be allowed for up to 3 months (subject to approval and monthly parking fee through Architectural Control Committee. All structures shall be completed and finished on the exterior within 12 months after commencement of the excavation or construction thereof, and before the structure shall be used as a residence. Bodegas for dry storage and portable toilet facility are exempt during construction.

No sod, fill, sand or gravel shall be sold or removed from any lot except with the consent of the Architectural Control Committee. Excess soil from excavation shall not be stored upon any lot and will be delivered to such a point in the subdivision as may be assigned by the Architectural Control Committee.

All lots and structures upon the lots shall be maintained after construction is completed.

It is the responsibility of the buyer to provide dwelling with water and septic tank or disposal system to comply with standards set by the Architectural Control Committee. Installation of individual wells and disposal systems shall require the approval of the Architectural Control Committee as to location on each lot and with relation to similar installations on adjoining lots,. No septic system can be placed within 100 feet of any well. Main electric lines will be supplied by developer; but buyer is responsible for installing transformer and connection to the house

Mariposa Estates Association By-Laws
The following are By-Laws of Mariposa Estates. The Association is organized for the purpose of operating and managing Mariposa Estates, a planned community.

Owners Defined. All persons described as owners shall be members of the association. A person shall cease to be a member at such time as a person is no longer an owner.

Registration of Owners and Occupants. Each owner shall register with the Secretary of the Association, in writing, within 30 days after closing, with: name and address of the owner(s) , the mailing and/or e-mail address at which the owner desires to receive notice of any meeting of the owners, the name f the owner, if there are multiple owners of the property, who shall be authorized to cast the vote with respect to the property. The owner shall have a continuing obligation to advise the association in writing of any changes in the foregoing information.

Transfers. The interests, rights and obligations of an owner in the association may be assigned, pledged, encumbered or transferred, but only along with and as a part of the title to the owner’s property.

Voting.
a. Entitlement. Votes shall be allocated one vote per lot.

b. Authority to Cast Vote. At any meeting of the owners, an owner included in the voting register presented by the secretary, or the holder of such owner’s proxy, shall be entitled to cast the vote which is allocated to the residence owned by the owner. If there is more than one owner of a residence, only one of the owners may cast the vote. If the owners of a residence fail to agree as to who shall cast the vote, or fail to register, the vote shall not be cast.

c. Voting by Proxy. An owner may cast the vote which is allocated to the owner’s residence and be counted as present at any meeting of the owners by executing a written proxy naming another person entitled to act on that owner’s behalf, and delivering the same to the secretary before the commencement of any such meeting. All proxies granted by an owner shall remain in effect until the earliest of the following events: 1. revocation by the granting owner by a written notice or by personally attending and voting at the meeting for which the proxy is effective, 2. eleven months after the date of the proxy, unless otherwise provided in the proxy, or 3. the time at which the granting owner is no longer an owner.

d. Voting by Mail Ballot. The entire vote on any issue, except the removal of directors (see paragraph 17, below), may be determined by mailed ballots, subject to the following requirements:

a. The notice of the vote shall: 1. clearly state the proposed action; 2. indicate the number of responses needed to meet the quorum requirements; 3. state the percentage of approvals necessary to approve each matter , and 4. specify the time by which a ballot must be received by the association in order to be counted.

b. The ballot shall: 1. set forth each proposed action; 2. provide an opportunity to vote for or against each proposed action.

c. The Board of Directors shall set the time for the return of ballots, which shall not be less than 15 nor more than 30 days after the mailing, e-mailing, or faxing of the ballots to the owners. The Board of Directors shall provide notice of the results of the vote to the owners within 10 days after the expiration of the voting period.

d. Approval by written ballot under this section is valid only if the number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing the action,
e. Vote Required: . The term “majority” as used herein shall mean in excess of 50% of the votes cast at a meeting, in person, or by proxy, or voting by mail, e-mail, or fax, in accordance with the allocation of voting power. Cumulative voting shall not be permitted except in the case of lot f-6 & f-1.

5. Meetings of Owners:

a. Place. All meetings of the owners shall be held at a location on the island of Cozumel, Mexico, designated by the Board of Directors.

b. Annual Meeting. An annual meeting of the owners shall be held in each fiscal year on a date, and at a reasonable time and place, designated by the Board of Directors. At each annual meeting of the owners, 1. the persons who are to constitute the Board of Directors shall be elected; 2. a report shall be made to the owners on the activities and financial condition of the association, and; 3. any other matter which is included in the notice of the annual meeting, and is a proper subject for discussion or decision by the owners, shall be considered and acted upon at the meeting.

c. Special Meetings. Special meetings of the owners may be called by the president as needed.

d. Notice of Meetings. At least 60, but no more than 90, days in advance of any annual meeting of the Owners, the secretary shall send notice of meeting, including time, place and agenda, by mail or e-mail, or fax to the address specified by the owner.

6. Quorum/Adjournment. The presence of owners in person or by proxy, who have the authority to cast in excess of fifty percent of all the votes in the association shall be necessary to constitute a quorum at all meetings of the owner for the transaction of any business, except that of adjourning the meeting to reconvene at a subsequent time.

7. Voting Register. The secretary shall have available at the meeting a list of the lot numbers and the names the owners, the vote attributable to each property owner or the name of the person (in the case of multiple owners) authorized to cast the vote.

8. Agenda. The agenda for meetings of the owners shall be established by the Board of Directors and shall be sent to all owners along with the notice of the meeting.



9. Annual Report.
The Board of Directors shall prepare an annual report on behalf of the association to be mailed or delivered to each owner together with the notice of the annual meeting. The report shall contain at a minimum:

a. A statement of any capital expenditures.
b. A statement of the balance in any reserve or replacement fund and any point of the fund designed for any specified project by the Board of Directors.
c. A copy of the statement of revenues and expenses for the Association’s last fiscal year, and a balance sheet as of the end of said fiscal year.
d. A statement of the total past due association fees and assessments will be listed and property owners will be updated on all properties 60 days prior to the date of the meeting.

10. Board of Directors.
a. Number and Qualification. The affairs of the association shall be governed by a Board of Directors. The first Board of Directors shall consist of the persons designated by development owner, Fulvio Cuccurullo. Upon the expiration of the terms of the members of the first Board of Directors, the Board of Directors shall be composed of five (5) directors, a majority of whom shall be owners, or a duly authorized representative of the owner if the owner is a corporation, partnership, limited liability company, trust or other entity which has the capacity to hold title to property.

b. Term of Office.

i.Terms of all directors appointed by development owner shall terminate upon the earliest of: 1. voluntary surrender of control by development owner; 2. a vote by no less then 75% of the association members. Said members shall constitute not less then 75% of the total number of lots within Mariposa estates,. or 3. the date five (5) years following the date of the first conveyance of a property to an owner other than the development owners referenced in paragraph 10-a. above.

ii. Notwithstanding the provisions above (paragraph i.above.), the owners other than the development owner shall have the right to nominate and elect not less than one third of the directors at a meeting of the owners held within 60 days following the conveyance by development owner of 50% of the total number of properties authorized to be included in the common interest community.

iii. Notwithstanding the provisions contained above (paragraph 10-a-i) The first terms of office of the directors elected by the owners shall be two years for three of the directors and three years for two of the directors. The nominee or nominees receiving the greatest number of votes shall fill the longer terms. Each term of office thereafter shall be two years. The number of nominees equal to the number of vacancies, and receiving the great number of votes, shall be elected, A director appointed or elected to fill an uncompleted term shall serve until the natural termination of that term, unless removed in accordance with these by-laws. there shall be no cumulative voting for directors.

11. Nominations. Nominations for election to the Board of Directors shall be made by a nominating committee appointed by the Board of Directors, or from the floor at the annual meeting or by “write-in” if authorized by the Board.

12. Powers. The Board of Directors shall have all powers necessary for the administration of the affairs of the association (except as otherwise stated in this document), and may exercise for the association all powers and authority vested in or delegated to the association or as otherwise dictated by law . The owners of the Board of Directors shall include, without limitation the power to:

a. Adopt, amend and revoke rules and regulations not inconsistent with the governing documents, as follows: 1. regulating the use of the common areas; 2. regulating the use of the properties, and the conduct of owners and occupants, which may jeopardize the health, safety or welfare of other owners and occupants, which involves noise or other disturbing activity, or which may damage the common areas or other properties; 3. regulating or prohibiting animals; 4. regulating changes in the appearance of the common areas and conduct which may damage the property; 5. regulating the exterior appearance of the property after completion of construction, (as outlined in design criteria) 6. implementing the governing documents, and exercising the powers granted by this section; and, 7. otherwise facilitating the operation of the development.

b. adopt and amend budgets for revenues, expenditures and reserves, and levy and collect assessments or association fees for common expenses from owners;

c. hire and discharge managing agents and other employees, agents and independent contractors;

d. institute, defend, or intervene in administrative proceedings: 1. in its own name on behalf of itself or two or more owners on matters affecting the common areas or other matters affecting the development or the association, or; 2. with the consent of the owners of the affected properties on matters affecting only those properties.

Right to arbitration is reserved and will be set forth by the Board of the Association.

e. make contracts and incur liabilities.

f. regulate the use, maintenance, repair, replacement and modification of the common areas and its components.

g. cause improvements to be made as a part of the common areas

h. grant public utility easements through, over or under the common areas, and, subject to approval of the owners other than a declarant (at their expense) at a meeting duly called, grant other public or private easements, leases and licenses through, over or under the common elements as long as they are not in conflict or otherwise interfere with easements already in place.

i. impose and receive any payments, fees, or charges for the use, rental, or operation of the common areas, other than limited common areas, and for services provided to owners.

j. impose charges for late payment of assessments and, after notice and an opportunity to be heard, levy reasonable fines for violations of the governing documents and the rules and regulations

k. impose reasonable charges for the review, preparation and recordation of amendments to the declaration or by-laws, , statements of unpaid assessments, or furnishing copies of association records

l. provide for reasonable procedures governing the conduct of meetings and the election of directors

m. appoint, regulate and dissolve committees

n. exercise any other powers conferred by law or the governing documents, or which are necessary and proper for the management of the association

13. Board of Director Meetings and Notices.
a. Meetings. An annual meeting of the Board of Directors shall be held promptly following each annual meeting of the owners. At each annual meeting, the officers of the association shall be elected (as needed).

14. Quorum and voting. At least three (3) members of the Board of Directors shall be present in order to commence business at any meeting. Each director shall have one vote. A majority vote of the directors present shall be sufficient to adopt any action. Proxies shall not be permitted.

15. Action Taken Without a Meeting. The Board of Directors shall have the right to take any action in the absence of a meeting which it could take at a meeting when authorized in a writing signed by all the directors.

16. Vacancies. A vacancy in the Board of Directors shall be filled by a person elected within 15 days following the occurrence of the vacancy by a majority vote of the remaining directors, regardless of their number. Each person so elected shall serve out the term vacated.

17. Removal. A director may be removed from the Board of Directors, with or without cause, by a majority vote at any annual or special meeting of the owners; provided: 1. that the notice of the meeting at which removal is to be considered states such purpose; 2. that the director to be removed has a right to be heard at the meeting and; 3. that a new director is elected at the meeting by the owners to fill the vacant position caused by the removal. A director may also be removed by the Board of Directors if such director: 1. has more than 2 unexcused absences from board meetings and/or owners meetings during any one year period or; 2. is more than 60 days past due with respect to assessments in the director’s property. Such vacancies shall be filled by the vote of the owners as previously provided in this section.

18. Compensation. Except as authorized by a vote of the owners at a meeting thereof, the directors of the association shall receive no compensation for their services in such capacity. A director, or other owner may, upon approval by the Board of Directors, be retained by the association and reasonably compensated for goods and services furnished to the association in an individual capacity. directors may be reimbursed for out-of-pocket expenses incurred in the performance of their duties.

19. Operation of the property.
a.Assessment Procedures. The Board of Directors shall fix the amount of the annual assessment against each lot such that each lot (including new lots created by any further subdivisions) bears an equal assessment and shall advise each owner in writing of that assessment at least thirty (30) days prior to the date when the first installment is due. The annual budget shall include a general operating reserve, and an adequate reserve fund for maintenance, repair and replacement of those common elements and parts of he properties that must be maintained, repaired or replaced by the association on a periodic basis.

i. The Board of Directors shall fix the amount of the annual assessment against each property and advise the owners in writing of the assessment at least thirty (30) days prior to the date when the first installment thereof is due. Increases in assessments shall be subject to the limitations set forth within the annual budget. The failure of the Board of Directors to timely levy an annual assessment shall not relieve the owners of their obligation to continue paying assessment installments in the amount currently levied within the annual budget, as well as any increases subsequently levied.

ii. If an annual assessment proves to be insufficient, the budget and assessments thereof may be amended, or a special assessment levied, by the Board of Directors . The levy shall occur upon the date specified in the resolution which fixes the assessment.

iii. The association shall furnish copies of each budget on which the common expenses and the assessment are based to an owner, upon request of such persons.

20. Payment of Assessments. Annual assessments/association fees shall be due and payable by January 1 of each calendar year, and special assessments shall be due when designated by the Board of Directors. At this time dues are $50 per month. All owners shall be absolutely and unconditionally obligated to pay the assessments levied pursuant to the provisions within all documents related to the association by-laws. No owner or occupant shall have any right of withholding, offset or deduction against the association with respect to any assessments, or related late charges or costs of collection. Any rights or claims alleged by an owner may be pursued only by separate action.

21. Default in Payment of Assessments. If any owner does not make payment on or before the date when any assessment or association fee is due, the Board of Directors may assess, and such owner shall be obligated to pay, a late charge equal to 1/12th of the annual fee for every 15 days after the due date for each such unpaid assessment, together with all expenses, including reasonable fees incurred by the board in collecting any such unpaid assessment.

22. Foreclosure of Liens for Unpaid Assessments. The Association has the right to foreclose a lien against a property for assessments imposed by the association.

23. Records. The Board of Directors shall cause to be kept at the registered office of the association, and at such other place as the Board of Directors may determine, records of the actions of the Board of Directors, minutes of the meetings of the Board of Directors, minutes of the meetings of he Owners of the Association, names of the owners, detailed and accurate records of the receipts and expenditures of the association. All association records, including receipts and expenditures and any vouchers, authorizing payments, shall be available for examination by the owners upon reasonable notice. Separate accounts shall be maintained for each property setting forth the amount of the assessments against the property, the date when due, the amount paid and the balance remaining unpaid.

24. Enforcement of Obligations. All owners and occupant and their guests are obligated and bound to observe the provisions of the governing documents. The association may impose any or all of the charges, sanctions and remedies authorized by the governing documents to enforce and implement its rights to otherwise enable it to manage and operate the association.

25. Amendments. These By-Laws may be amended, and the amendment shall be effective, upon the satisfaction of the following conditions:

26. Approval. The amendment must be approved by at least 50% of owners who have authority to cast in excess of fifth percent (50%) of the total votes in the association, in writing or at a duly held meeting of the owners, subject to any approval rights of the owner of the development; and

27. Notice. A copy of the proposed amendment and, if a meeting is to be held, notice of such meeting, shall be mailed, e-mailed, faxed or hand delivered, to all owners authorized to cast votes; and

28. Effective Date. Recording. The amendment shall be effective on the date of approval by the required vote of the owners and need not be recorded.

29. Developer Rights. The owner of the development shall have the right to prohibit, stop or remedy any action to be, being or taken by the association, as the case may be, if such action is or may be in violation of any State Federal, or Local laws, or has or may have a detrimental effect on development or owner of the development, because of covenants and agreement under development and project agreements with any State, Federal, or Local governmental agencies. . It is provided, however, that the owner of the development shall exercise the rights provided for above only if the association shall fail to remedy an action which is or may be a violation of such agreement after notice from the owner of the development to do so. The association shall comply with the terms of the above-described agreements and shall preserve the common areas as herein provided. These developer rights as stated herein shall only be exercised by the owner of the development to the extent consistent with said agreements and as long as owner of the developer holds membership in the association.

In addition the owner of the development reserves exclusive and unconditional authority to exercise the following special declarant rights as long as he owns at least one lot, or for such short period as may be specifically indicated:

a. Complete Improvements. To complete all of the improvements indicated on the plat, or otherwise included in declarant’s development plans or allowed by the declaration, and to make alterations in the unsold lots and common areas to accommodate its sales facilities or facilities to support or service the development.

b. Relocate Boundaries and Alter Lots. To relocate boundaries between unsold lots and to otherwise alter lots owned by himself.

c. Sales Facilities. To construct, operate and maintain sales office, management office, model unit or other development, sales and rental facilities within the common areas and any lots owned by declarant from time to time, located anywhere on the property.

d. Signs. To erect and maintain signs and other sales displays offering lots for sale or space for lease, in or on any lot owned by declarant and on the common elements.

e. Easements. To have and use easements for declarant, his employees, contractors, representatives, agents and prospective purchasers through and over the common areas.

30. Control of Association. Until an association has been established as defined in this document; the developer shall maintain control of the association. The purpose is to control the operation and administration of the association, including without limitation the power to appoint and remove the members of the board, pursuant to the provisions of this document, until the earliest of: 1. voluntary surrender of control by declarant; 2. an association meeting which shall be held within 60 days after conveyance to owners other than a declarant of 75% of the total number of lots authorized to be included in the property or; 3. the date three (3) years following the date of the first conveyance of a lot to an owner other than a declarant. Notwithstanding the foregoing, the owners other than the declarant shall have the right to nominate and elect not less than one third of the directors at a meeting of the owners which shall be held within 60 days following the conveyance by declarant of 50% of the total number of lots authorized to be included in the property.

31. Miscellaneous.
a. Notices. Unless specifically provided, all notices required to be given by or to the association, the Board of Directors, the Association offices or the owners or occupant shall be in writing and shall be effective upon hand delivery, e-mail, fax or postal mail.

b.Severability. The invalidity or unenforceability of any part of these By-Laws shall not impair or effect in any manner the validity, enforceability or effect of the balance of these By-Laws.

c.Waiver. No restriction, condition, obligation or provision contained in these By-Laws shall be deemed to have been abrogated or waived by reason or any failure to enforce the same, irrespective of the number of violations or breaches thereof which may occur.

Call Sherrie or Ron for details: 406-686-9169, toll free 866-564-4427

email sherrie@mexico-villas.com