DEED OF RESTRICTIONS

Section I
Homeowners Association and Its Jurisdiction
Territorial Boundaries and Jurisdiction

The territorial boundaries and jurisdiction of the ___________________________ Homeowners’

Association (hereinafter referred to as the “Association”), cover the entire area of
___________________________ (hereinafter referred to as the “Subdivision”), contained in and
evidenced by a lot plan, location, and vicinity map duly signed and certified by the licensed geodetic
engineer, and submitted to and filed with the Housing and Land Use Regulatory Board (HLURB).

Homeowners Association

Every legal owner of a house and lot in ___________________________ (hereinafter referred to

as the “Owner”) is required to be and automatically is a member of the Association and agrees to abide
by all rules and regulations promulgated by it in the interest of sanitation, security, and the general
welfare of the community. This includes the imposition of fees and dues to fund such services. The
Owner cannot withdraw his or her membership from the Association unless he or she sells or parts with
his or her interest in any land and house property within the subdivision. In these cases, the Owner’s
successor will also be bound by this condition. Any buyer of a house and lot unit of the Subdivision
therefore agrees and covenants to abide by its rules and regulations to pay the dues and assessments
duly levied and imposed by the Association. The said amount does not include whatever monthly dues
that may be agreed upon by all members of the Association.

While absolute ownership shall remain in the name of the Developer and/or its successor-in-
interest with respect to the facilities that may be put for the promotion of the general welfare, health,
safety, and morals of the members of the Association, all members of the Association is required to
observe the proper operation, maintenance, regulation, enforcement of the Association’s rules and
regulation, enforcements of the Association’s rules and regulations as well as these restrictions and shall
manage and maintain all the facilities constructed thereon, subject however to the control and
supervision of the Developer.

The Owner agrees that his or her unsatisfied obligations in favor of the Association shall
constitute a lien on the property herein sold and/or any hid interest therein, inferior only to the lien of
the _______________________________________ (hereinafter referred to as the “Developer”) on the
same. Apart from this, the members, through its authorized officers, may also agree for any sanction
that may be imposed against the delinquent members of the association.

The Association shall be formed and organized when at least fifty percent (50%) of the total
owners contained in the area established as the Association’s Interim Board of Directors shall be elected
within (60) days from the date of the formation of the Association.

The imposition and adjustment of fees, charges, dues, and assignments for water and temporary
electrical facilities shall exclusively belong to the Developer. It is also understood that the Developer
may, in due time, transfer with proper arrangement, ownership of such facilities to the Association
which shall be bound to accept the same; provided that fifty percent (50%) of the units in the particular
phase or phases of said subdivision being turned over have been sold and facilities herein and have been
substantially completed; provided further that the Association shall have duly registered in the HOME
INSURANCE AND GUARANTY CORPORATION (HIGC). Furthermore, the Owner shall faithfully comply with
all the rules and regulations, which in every instance, must be made and promulgated with all the prior
written approval of the Developer over the property of any member of the Association, sign the
standard contracts of such facilities and utilities; and in addition, the Association and/or the Developer
can take such action as is appropriate to ensure the related payment.

1
 The Developer reserves the right to promulgate additional rules and regulations relative to the
formation, function, and running of the Association.

Section II
Use of Residential Lots and Property

Residential Use. Lots shall be used exclusively for residential purposes. There shall be no business,
commercial, educational, industrial, and religious establishment of institution of any kind created and
operating within the Subdivision, such as but not limited to bakeries, any kind of repair shops, churches,
convenience, grocery or sari-sari stores, day-care centers, factories, hospitals or clinics, markets,
schools ,warehouse, massage parlor, beer or liquor house, gambling place, vulcanizing shop, etc. No
advertising, business, commercial or professional signs or billboards shall be attached to, constructed,
displayed, or erected on the lots and any structure therein. The property shall not be used for any
immoral or illegal activity, no contraband shall be maintained in the premises. No temporary building,
shack, barn, or other similar structure shall be constructed or maintained by the owner in his or her
property. However, the Developer reserves the right to tolerate the use of the property it deems proper.

One House Per Lot. Only one (1) single family house shall be constructed on a single lot. Also, individual
lots shall not be subdivided into several lots.

Road Right of Way. Owners shall not use or allow their lots to be used as a road right-of-way or access
road to any property situated outside the territorial boundaries and jurisdiction of the Association
specified above.

Evidences of Metes and Bounds. The Owner shall not alter, remove, displace, or in any way interfere
with any concrete monument (“mohon”) or other evidences of the metes and bounds of the owner/s’
lots without the prior written consent of the Association.

Allocation of Open Spaces. Every Owner must provide in his lot an open space for purposes of
landscaping and for easement of drainage, sewage, water and other public utilities as may be necessary
and desirable. The minimum easement from the building line and other appurtenances would be 2
meters on the front, 2 meters on the rear, and 2 meters on each side (for corner units). Furthermore, in
case of expansion and/or alteration, every low owner shall provide a minimum open space for their
respective lots at least 10% for corner lots and 20% for inner lots.

Should the member construct his/her building in violation of the foregoing open space
requirement, or build any unauthorized of illegal structure or improvement on his/her lot, the Developer
and/or the Association shall cause the removal or demolition of such structure or improvement at the
owner’s expense, without need of any judicial authority or order, and without incurring any civil,
criminal, and administrative liability therefore.

Explosive, Flammable, Hazardous, Noxious and Toxic Activities and Materials. Except those necessary
for normal household use, members shall not deposit, keep or store within their property explosive,
flammable, hazardous, noxious and toxic materials and supplies, such as but not limited to chemicals,
fireworks, fuel. This would also mean that the burning of garbage, rubber, and other waste materials in
any part of the subdivision is strictly prohibited.

Garbage, Rubbish, and Trash. No part of the member’s property or the Subdivision shall be used or
maintained as a dumping site for garbage, rubbish, or trash. As such, littering within the subdivision is
strictly prohibited. No accumulation of building materials, debris, metals, scraps, weeds, and other
unsightly objects shall be stored, junked, deposited, or placed on the member’s property or any parts of
the Subdivision. The Owner may provide for the necessary garbage cans or receptacles for the disposal
of the rubbish and trash. The garbage can be receptacles and must conform to the design and color
specified by the Developer of the Association.

2
Noise and Public Nuisance. Consideration must be extended and maintained for the privacy and peace
of the members in the Subdivision. Unnecessary horn tooting, annoying sounds, loud chatter, loud and
amplified music, motorcycles with very loud engines, noisy vehicle mufflers, revving of engines and
sirens are not allowed inside the Subdivision.

Domestic Animals. No domestic animals such as but not limited to cattle, pigs, goats, ducks, carabao,
horses, chicken, etc. shall be kept or maintained within the property except such pets as may be allowed
by the Association. Owners are responsible for their own pets, and must not let it roam around without
the supervision of its respective owner to prevent any untoward incidents (including accidents,
defecating or urinating in another owner’s property, etc.).

Landscaping and Planting. The Developer or Association hereby grants the Owner the option to
landscape the planting strip fronting his/her lot. Such landscaping shall be at curb level and shall be
conducive to pedestrian use. Also, the owner shall install the drainage and other facilities to prevent
water seeping into the adjacent member’s lot. However, in the event the Developer or Association finds
it necessary to make certain changes and/or boring on this area for purposes of enhancing the view, the
Owner binds himself/herself to allow the Developer or the Association or its authorized representative
free passage and entry to effect the same without cost or any liability whatsoever on the Developer or
Association.

The Owner at all times must keep the grass on his/her lot properly trimmed to reduce fire
hazard. For this purpose, the Developer or the Association is permitted to cut and trim the grass at any
time such grass grows beyond one foot from the soil and the owner is obligated to pay the cost with
interest at two percent (2%) per month.

Filling, grading, and/or landscaping of individual lots and all forms of retaining structures are
subject to the prior written approval of the Association, whose decision shall be final.

Maintenance. The Owner shall shoulder the maintenance of the lots of unoccupied units. In case,
however the owner fails or refuses to maintain, the Developer or the Association may do so and
accordingly charge a maintenance fee to the Owner plus two percent (2%) surcharge per month.

Laundry and Washing Area. The area for laundry/washing purposes should be located at the sides or
back of the property where they will be hidden from view. Clotheslines should not be placed on any part
of the property/structures except at the sides or back of the property.

Outdoor utility areas, laundry and service yards should not be placed along the façade of the
houses. The Owner should use materials consistent with the fence height restrictions and the overall
aesthetic character of the Subdivision to properly screen these areas from public view.

Section III
Common Areas
Common areas shall include open spaces, perimeter walls, physical controls and technological
security systems, roads, cul-de-sacs, curbs, sidewalks, the entire complex consisting of the Association
office, the general vicinity of the Subdivision entrance, barriers, gates, and guardhouse, and utility areas,
including but not limited to drainage and sewage systems, piping for electronic cables, power and water,
street gutters, water pumps, and water tank towers.

Authorized representatives of the Developer and/or Association, during reasonable times of the
day, will carry out and undertake tasks including but not limited to inspection, measurement,
installation of water, electricity, and telephone systems, drainage, sewage and garbage systems, roads,
barriers, gates, guardhouse, gutters, pipings, water pumps, water tank towers, utility areas, etc. and to
conduct or make necessary repair or maintenance work within the subdivision.

3
 Any form of vandalism, destruction, and alteration of the said common areas is strictly
prohibited. As such, the Developer and the Association have the right to charge the liable owner the
equivalent monetary value for said damages.

As such, the Owner, as a member of the Association , hereby irrevocably agrees to share all the
common areas constructed or located within the subdivision and hereby manifests his/her full
understanding that these amenities are not exclusive to certain buyers but to all members of the
association.

Also, the Owner fully agrees to share the cost in maintaining the common areas and/or any
related fees of said common areas.

a. Visitor Passes that grant temporary or one-time right of entry into the Subdivision may be issued
by the Association only for the following vehicles of non-members: bicycles, commercial
vehicles, hauling or delivery vans, heavy equipment, motorcycles, trailers, trucks, taxis, service
vehicles of public utility companies, and private vehicles of the members’ visitors, provided, that
there is prior approval from the member, that the drivers of the above-mentioned vehicles
surrender their driver’s licenses to the security guards at the guardhouse, and that all vehicles
granted temporary entry observe all traffic rules and regulations of the Subdivision.

Owners shall be responsible and liable to the Association for any and all acts of non-
compliance and violation by their visitors of the Association’s Restrictions, Rules, and
Regulations.

b. Public utility vehicles, including but not limited to horse-drawn carriages, passenger buses,
passenger jeepneys, passenger motorcycles or habal-habal, pushcarts, and tricycles, are
restricted from entering the Subdivision.

c. Heavy equipment and vehicles exceeding 4,500 kgs. in gross weight may be refused entry or
may be imposed toll fees, as determined solely by the Association.

d. Outsourced and part-time laborers, service providers and pedestrian visitors of the member and
public utility personnel, including but not limited to cable and line men, electricians, gardeners,
landscapers, plumbers, pool cleaners and construction workers, shall be issued visitor passes by
the Association granting them temporary or one-time right of entry into the Subdivision,
provided that there is prior approval from the member and the above-mentioned persons
surrender their government-issued I.D. to the security guards at the guardhouse.

Owners shall be responsible and liable to the Association for any and all acts of
noncompliance and violation by their outsourced and part-time laborers, services providers and
pedestrian visitors of the Association’s Restrictions, Rules and Regulations.

e. Persons other than the owners shall not loiter or wander aimlessly in the Subdivision. Owners’
employees shall avoid loitering outside their respective houses at all times.

f. To ensure proper security, a curfew shall be imposed on all full-time employees, outsourced and
part-time laborers of the member, including but not limited to domestic helpers, drivers,
gardeners, handymen, plumbers, electricians, and construction workers between 10:00 p.m. to
6:00 a.m. during which time the Subdivision security guards are instructed to check on persons
roaming around the subdivision.

g. Only authorized personnel of the Association or the utility companies shall be allowed access to
the utility areas and manholes within the Subdivision.

h. Trees and plants within or outside the lot, shall be considered common to all owners. Thus,
these can only be cut, moved, damaged, relocated, transferred with the prior written consent of

4
 the Developer or Association. All trees that need to be transplanted elsewhere within his/her
property shall be borne by the owner at his/her expense in accordance with the instruction from
the Developer or Association, and from the local authorities where the subdivision is located.

i. The perimeter walls of the Subdivision are defined as those walls that delineate the territorial
boundaries and jurisdiction of the Association specified above. Homeowners and lot owners,
lessees and bona fide occupants of houses on perimeter lots shall not tear down or reduce the
height of the Subdivision’s perimeter wall, create any opening, or install any gate or access point
to any area, lot or property outside the territorial boundaries and jurisdiction of the Developer
and/or Association.

Lots situated on the perimeter of the Subdivision are allowed a very high wall on the
side/s of the property that is/are also the Subdivision’s perimeter wall/s. Homeowners and lot
owners, lessees and bona fide occupants of houses on perimeter lots are encouraged to
increase the height of the Subdivision’s perimeter wall, as this will enhance the security and
safety of all members. Barbed or cyclone wires, broken glass, exposed steel bars, grills or spikes
on top of the Subdivision’s perimeter wall/s and any security device that will deter criminal
activity are allowed and encouraged.

j. Owners are not allowed to use any part of the sidewalk or the road networks as storage for any
of their belongings, such as but not limited to cars, motorcycles, tricycles, multicabs, equipment,
machines, etc.

Section IV
Facilities, Amenities, and Systems
The facilities, amenities, and systems in the subdivision include all structures which are not
owned by any individual owner. This includes but is not limited to the drainage, sewage, water, garbage,
electrical, and mechanical systems which serve to provide for the convenience and welfare of each
owner. This also includes structures but is not limited to offices, halls, clubhouse, playgrounds, and all
other civil structures that provide as a location which can benefit the user in multiple ways.

Any form of vandalism, destruction, and alteration of the said facilities, amenities and systems is
strictly prohibited. As such, the Developer and the Association have the right to charge the liable owner
the equivalent monetary value for said damages.

In the event that the Developer constructs or puts facilities, amenities and systems such as, but
not limited to, playground, clubhouse, halls, offices, within the subdivision where the property is
located, the Developer shall, in no case, be responsible nor liable for any accident that may occur
thereon; or for any damage or injury that may be sustained or suffered by any person while using any of
those facilities, amenities, and systems. This provision applies regardless of whoever the management
has control over the facilities, amenities, and systems at that certain point in time.

Authorized representatives of the Developer and/or Association, during reasonable times of the
day, will carry out and undertake tasks including but not limited to inspection, measurement,
installation of water, electricity, and telephone systems, drainage, sewage and garbage systems, roads,
barriers, gates, guardhouse, gutters, pipings, water pumps, water tank towers, utility areas, etc. and to
conduct or make necessary repair or maintenance work within the subdivision.

As such, the Owner, as a member of the Association , hereby irrevocably agrees to share all the
facilities, amenities, and systems constructed or located within the subdivision and hereby manifests
his/her full understanding that these facilities, amenities, and systems are not exclusive to certain
buyers but to all members of the association.

On the other hand, where the owner has bought a property located in a phase where there are
no amenities, Also, the Owner fully agrees to share the cost in maintaining the facilities, amenities, and

5
systems and/or any related fees of said facilities, amenities, and systems. The aforementioned fees
would also be included in the annual membership dues to cover the cost of maintenance. Those who
will fail to pay the maintenance fee shall not be allowed to make use of these facilities without prejudice
to other remedies provided therein.

The Developer reserves the right to promulgate additional rules and regulations relative to the
share/use of the amenities.

Section 4.1. Drainage and Water System

The Developer shall be responsible for the installation of drainage, and water system in the
subdivision and shall manage and supervise the operation of the same until the formal turnover to, and
the acceptance by the government agency (Metropolitan Cebu Water District) or the Association. The
Owner further agrees to pay such rate as the Developer or Association shall hereafter charge for the
proper upkeep and maintenance of the service. For any damage on the water mains and/or drainage,
sewage system caused by the Owner or his contractor, the same shall be repaired at the expense of the
Owner.

No Owner or person shall be allowed to tap its water supply outside the aforesaid water mains
without the expressed written permission from the Developer or Association.

The Owner shall not be allowed to install or repair the drainage or utility lines outside the
property without the expressed approval of the Developer or Association; and the Owner will not
obstruct cover or destroy any drainage or inlet thereof. Boring through concrete curb or gutter without
prior consent by the Developer is strictly prohibited. These would be done by the government agency
(MCWD) or any representative of the Developer who would also enter the common areas and water
system for repair and maintenance.

The Owner shall not install any drainage outlet outside his/her residential property without the
prior written consent and approval of the Developer or Association.

The installation and connection of booster pumps directly to the Subdivision’s water supply
pipeline is strictly prohibited. Water from the Subdivision’s pipelines must be allowed to flow freely of
its own power to cistern tanks, which is provided by the owner, inside the his or her property

Any violation hereof shall give the Developer the right to discontinue services to the Owner.

Section 4.2. Sewage and Garbage Disposal

Sewage disposal must be by means of an adequate septic tank to be constructed by the

Developer in accordance with the standards prescribed by the regulatory agency concerned. Domestic
water, except that used for watering gardens, must be disposed of through the sewage system.
However, water from the garage may be drained into any available underground storm drainage line.
Domestic water is not permitted to flow over the sidewalk. Sewage disposal will be administered by only
the authorized agency or company as may be contracted by the Developer and/or Association.

In case the Developer and/or the Association decides to operate a garbage collection system,
the Owner agrees to pay a monthly garbage fee in such amount as may be fixed by the Developer
and/or by the Association.

Section 4.3. Electrical System

The Developer shall be responsible for the installation of the necessary fixtures, posts, wirings,
electrical transformers with the aid of the Visayan Electric Company (VECO) for the individual
electrification of each owner’s house. All these would be turned over to VECO and would be managed by
VECO.

As such, owners who would cause any damage to the electrical system installed in the
subdivision would be liable to cover for any damages in monetary equivalent.

6
 Authorized representatives of VECO would also enter the common areas and electrical system
of the subdivision for repair and maintenance.

Section V
Move-in and Occupancy of House and Lot
The Owner shall be allowed to move into the property only after receipt of notice allowing him
to occupy the property. Failure or refusal of the Owner to move-in on the period/date specified in the
notice shall free the Developer from any responsibility and liability to the property including, but not
limited to pilferage, deterioration, damage, destruction, and/or effect of the property. Likewise, the
Developer is not liable in case of disconnection of water and electrical connections to the property due
to the delay of transfer on the part of the Owner.

Whenever Developer allows the Owner to move-in/occupy the house and lot prior to the formal
organization of homeowners association, the Owner voluntarily agrees to share with the Developer the
monthly cost of maintenance of the road, drainage, parks and playground, security charges, light and
water and such other expenses imposed by the Developer for the welfare, safety, security, and well-
being of the owners living inside the subdivision.

In the even the Owner occupies the premises and/or house constructed through the Developer
without securing any authority from the Developer to move-in or without executing a formal written
acceptance for the property, his/her occupancy shall be deemed an outright and unconditional
acceptance of the premises of the house. Further, said occupancy shall constitute sufficient authority for
the Developer to exercise all remedies provided in the contract.

Prior to the release of the proceeds of the loan or full payment of the purchase price of the
property and prior to the performance of all Owner’s obligation herein, legal ownership over the
property shall remain with Developer, notwithstanding any transfer of the title that may have been
made in trust to the Owner. The Owner shall not occupy, take possession of or lease the whole of any
portion of the property, nor assign, transfer, convey, mortgage or otherwise encumber or dispose of
his/her right or interest over the same without the prior approval of the Developer. Otherwise, any
instrument to effect thereof shall be deemed null and void and not binding on the Developer and the
owner shall be liable for any damage arising therefrom.

Section VI
Construction, Improvement, and Alteration
Construction and Renovation Bonds, Fees and Surcharges

For all additional construction, improvement, or alteration, owners must post a construction or
renovation bond, as mandated by and to be paid in a manner determined by the Developer and/or
Association, upon submission of plans to ensure that the Association’s Restrictions, Rules, and
Regulations are observed in the course of construction.

These bonds, along with the membership fee, monthly Association services and maintenance
dues and all association assessments and charges must first be settled prior to any construction or
renovation of new or existing properties.

Such bonds shall be returned to the member, without interest, after the completion of the
construction less whatever fees and surcharges imposed by the Developer and/or the Association,
damages and losses the owner or his/her project may have caused to the Developer and/or the
Association or any of the subdivision facilities, amenities, common areas, or to the properties of the
other owners.

7
 Prior to receiving the refund of the bond, the owner shall submit a letter of completed
construction, improvement and alteration that he/she has signed. After submitting the letter, the owner
is prohibited from causing any further alteration, construction or improvement to any part of his/her
unit. This letter will then prompt the Developer and/or the Association to commence inspection of his
unit for any possible damages incurred. Any form of alteration that the owner will undertake after
submitting the letter of completed construction, improvement and alteration shall cause him/her to
waive the full amount of the construction bond that he/she deposited to the Developer and/or
Association.

Any violation of the approved plans and specifications or the Deed of Restrictions shall
constitute sufficient bases of the automatic forfeiture of the bond, without prejudice to the rights and
remedies of the Developer and the Association under the law.

Building Plans

Building plan for all proposed new residences, renovations, building, extensions and other
auxiliary structures must be approved by the Developer and/or the Association PRIOR to application for
a building permit or the start of construction.

The Developer and/or the Association may disapprove construction or renovation if the building
plan does not conform to the Deed of Restrictions of the subdivision.

After procuring the building permit after approval by the Developer or Association, the owner is
obliged to present the originals and submit a copy of all pertinent documents with regards to the
building permit to the Developer and/or the Association.

Construction Materials, Provisions, Schedule and Work Hours

Any construction or delivery of materials and supplies shall be made only within the hours of
8:00 a.m. – 5:00 p.m. from Monday to Saturday.

Any construction commenced without the approval of, or in violation of the schedule and work
hours set by the Developers and/or Association shall immediately be suspended and the laborers and
workers making such unauthorized construction and all materials and supplies that may be delivered in
connection therewith shall be refused entry into the subdivision.

Vehicles delivering construction materials shall not exceed FOUR(4) wheels, and not pass over
the sidewalk pavement without taking the proper measures to protect said sidewalk pavement, curbs,
and street gutters, and shall not litter the roads with construction materials and supplies, e.g. sand and
gravel, in going to and from the owner’s construction site.

Any and all construction materials and supplies, such as but not limited to gravel, sand, lumber,
concrete blocks, steel bars, or excavated or excess materials shall be stored and all construction-related
activity such as the mixing of concrete material shall be performed within the member’s property, and
not on the Subdivision’s sidewalks, roads, open spaces, common areas and facilities, or on any
surrounding lots.

Failure to comply with this prohibition shall prompt the Association to suspend the construction
until the common areas and surrounding lots are cleared and, if necessary, to hire laborers to dispose of
said materials and charge the corresponding expenses and fines to the member and/or contractor at the
discretion of the Developer and/or Association.

Adequate enclosures shall be installed between the construction site and adjoining houses to
minimize dirt, dust, noise, and pollutants from spreading to neighboring areas.

Any and all losses and damages that may be incurred or suffered by the Developer and/or the
Association shall be paid for by the contractor and/or the owner, without prejudice to the rights and
remedies of the Developer and/or Association under the law.

Construction Workers

8
 For security purposes, the owner or his/her contractor shall submit a complete list of
construction workers, along with personal information and police clearance to the Association office
before said workers can be granted temporary entry into the subdivision.

A maximum of five (5) construction workers are allowed to stay in the owner’s construction site
property. These workers will be assigned a color code, which will be the color of the shirt or uniform
that will be worn at all times while inside the premises. Workers must wear an identification card (ID) at
all times. Workers are not allowed to stay overnight in the subdivision.

Construction workers shall restrict their movement to the owner’s construction site, shall not
loiter or wander aimlessly in the Subdivision, and shall strictly comply with the Association’s Rules,
Restrictions and Regulations so as not to cause any disturbance or violate the peace and privacy of other
members. Loud chatter, noise, and foul language shall not be tolerated.

The owner shall dismiss construction workers who violate the Association’s Rules, Regulations,
and Restrictions.

The member shall be responsible for the behavior, conduct, and discipline of all construction
workers and shall be liable with the contractor and the construction workers to the Developer and/or
the Association for any damages and losses arising from any and all acts that may be committed by
construction workers within the Subdivision, including but not limited to burglary, theft, and vandalism.

Encroachment

Should the member construct a structure or improvement on the wrong lot, or encroach upon
the property of another member, the encroaching owner shall, upon notification by the Developer or
the Association, immediately cease working thereon and remove such illegal structures at his/her
expense; otherwise, the Developer or the Association or its designated representative shall remove or
tear down the same at the owner’s expense, without the necessity of any court authority or order and
without incurring any criminal, civil, or administrative liability therefore.

Restriction on Alteration, Construction, and Improvement

House Frontage. In no case shall the Owner make any modification, conversion and alteration of, or
introduce any kind of improvement into the front portion of the house except if it is strictly in
accordance with the design and guidelines approved by the Developer. Specifically, the Owner obligates
himself/herself not to change the color of the paint on the exterior walls and roof of the property.

Walls and Fences. As to construction of fence:

Front: Maximum of 1.5 meter high (0.5m made of solid materials; 1m steel or PVC grills so as not to
cover the house)

Side: Maximum of 1.8 meter high (0.5m made of solid materials; 1.3m made of solid or steel grills)

Rear: Maximum of 2.5 meter high (0.5m made of solid materials; 1.3m made of solid or steel grills)

In the event of any differences in height between the sidewalks and the lot level, the differences
in height up to the lot level shall be considered as a retaining wall and the height restriction on the front
fence shall begin from the top of the retaining wall.

The owner should set back at least 18 inches from their boundary fronting the road networks
upon fence construction. Barbed or cyclone wires, broken glass and exposed steel bars or spikes are not
allowed on top of fences between the members’ lots and on the fence fronting the road. Furthermore,
the owner is not allowed to open the perimeter wall of the subdivision for egress or ingress outside the
subdivision at all times.

Extension and Expansion. The Owner is strictly prohibited from building an additional storey on his
property. Ground floor expansion may be done but only on the rear property line and a side property
line not fronting the street, provided, that the Owner shall construct a firewall on the rear and side

9
property lines affected by such expansion. The Owner shall provide within the expansion area of the
rear portion of the lot and open space having a minimum area of six (6) square meters).

Gates. Carport or pedestrian gates or gates of any kind within the member’s properties shall be
constructed in such a manner that they open inwards towards the member’s property, No gate that
opens outward towards common areas like sidewalks and roads, obstruct the free use of sidewalks or
pavements, obstruct the free flow of traffic or pose a danger to both pedestrians and vehicles shall be
installed on the members’ properties.

Structures Not Physically Contiguous to Residential Building. No structure that is not physically
contiguous to a residential building or that is unsightly, such as but not limited to water tank towers,
antennas, satellite dishes or transmitters of any make or kind, poles, or posts or any kind of structure
that supports cable, electricity, internet, or telephone lines or any other connections shall be
constructed within the member’s property before securing the permission of the Developer and/or the
Association.

Above-ground cistern tanks or rain water collection tanks will only be considered if they are
hidden from plain view and will not be seen from the front of the housing unit.

Warranty and Disclaimer

The Owner shall be held answerable for any damage the change/s shall cause. The Owner shall
be liable/responsible for any incident that may occur because of the change/s. Likewise, the owner shall
be responsible for any use of either or both electrical or water facilities beyond their respective
allowable loads/capacities as specified in the Load Schedule.

The Developer shall not guaranty the structural integrity of the house component of the
property once improvement, alteration, modification, and/or conversion thereof is made. The same is
true even if the design, plan, and/or specification used for change/s come from the Developer. As such,
any improvement, alteration, modification or conversion shall void the warranty that comes together
with the house and lot unit. An alteration proposal to be made must be structurally sufficient and
independent from the original structure.

Procedure for Application for Extension/Improvement

Before undertaking any improvement, alteration, and/or conversion in the property, the Owner
or his/her successor-in-interest shall do all of the following:

1. Secure the written conformity on the intended change/s of the property from the Association
within the subdivision of which the property is part
2. Submit to the Developer the proposed plan of improvement, alteration and/or conversion for
approval;
3. Secure a building permit from the pertinent local building official
4. Present the original and submit a photocopy of the Building Permit and all pertinent documents
to the Developer and
5. Pay the prescribed construction bond (the amount of which will be prescribed by the Developer
based on the magnitude of alteration, extension, improvement and construction).

Inspection and Enforcement

The member shall authorize the Association’s representative to enter the construction site from
time to time and with due notice to inspect and verify the works and to enforce the Subdivision’s
Restrictions, Rules and Regulations.

If the construction or renovation does not conform to the Board-approved building plan and/or
the Subdivision’s Restrictions, Rules and Regulations, the Developer and/or the Association may cause
the construction or renovation to be discontinued or suspended and oblige the member and/or his/her

10
contractor to make the necessary corrections or alterations at the owner’s expense to conform to said
Restrictions prior to the resumption of construction.

In addition, the Association may deny future approved constructions or renovations to be

undertaken by a contractor who violates any of the Subdivision’s Restrictions, Rules and Regulations
and/or deviates from the Board-approved building plan.

Section VII
Applicability, Enforcement, and Interpretation of the Deed of Restrictions

Developer’s Warranty

The Developer makes no warranty other than those provided by law, and shall not be held liable for
construction, collapse, destruction, or deterioration of the housing unit due to force majeure, fortuitous
events, cause or condition beyond the control of the Developer, or to alteration by the Owner of the
original structure of the dwelling unit, nor shall the Developer be liable for minor defects and
deterioration of the housing unit or any portion thereof due to depreciation of materials, water and
tear, exposure to the elements and/or neglect by the Owner.

Non-Compliance

In case of failure of the Owner to comply with any section and covenants, notwithstanding the
provision to the contrary and depending on the stage and type of violation of any of these restrictions,
the Developer shall have the right to exercise any and/or the following:

 Refuse entry of the pertinent construction materials and/or laborer;

 Confiscate the pertinent construction materials
 Monitor the construction and/or construction at any point
 Order the expulsion of the pertinent laborers from the subdivision
 Extra-judicially demolish the structure that is in violation to the restrictions either by the
Developer or by the person responsible for the violation at the latter’s expense.
 Ask for the restoration of the property to its original state at the Owner’s expense
 Sue and demand from the Owner the cost of suit, attorney’s fees and damages, in which
damages shall not be less than fifty (50%) of the value of the time of the violation, plus twenty
(20%) interest per annum of the amount due, to be computed from the date of violation until
full payment
 And/or rescind the contract and/or Deed covering the sale of the property, impose reasonable
charges and penalties.

Interpretation and Enforcement

Where there appears to be a conflict in the interpretation and enforcement of any of these
Restrictions, Rules and Regulations, the most stringent interpretation shall be adopted. All Restrictions,
Rules and Regulations shall likewise apply to and be binding on the successor or assigns of the owner.

Section VIII
Annexation

11
 From time to time the Developer shall have the right to acquire, develop and improve adjacent
real properties to the village for the purposes of incorporating them into the subdivision without the
necessity of seeking prior approval from the Association.

Section IX
Amendments
These restrictions may be amended from time to time by the Developer and/or the Association.
The invalidity of any provision of this Restriction shall not in any manner affect the validity or
enforceability of the other provisions.

__________________________________

BY: CONFORME:

________________________________ ________________________________

BUYER

SIGNED IN THE PRESENCE OF:

________________________________ ________________________________

Acknowledgment

Republic of the Philippines)

City of Cebu. . . . . . . . . . . . .)S.S.

Before me, a Notary Public for the City of Cebu, on the day and at the place first above-written
personally appeared the following with their respective Community Tax Receipts:

NAME CTC NO. ISSUED ON ISSUED AT

1.
2.

Known to me to be the same persons who executed and signed the foregoing instrument and they
acknowledged that the same is their free acts and deeds.

This Deed of Restrictions contains 12 pages including this page whereon this acknowledgement
is written, all pages having been signed by the parties and their instrumental witnesses.

Witness my Hand and Seal on the date and in the place first above-written.
Doc. No. ___
Page No. ___
Book No. ___ ______________________
Series of 20_ NOTARY PUBLIC

12