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Tagaytay Heights Subdivision

TAGAYTAY CITY

Master Deed of Restrictions

Tagaytay Heights Subdivision


Tagaytay City

January 2020
------------of any lot (the term “lot” shall be taken to mean an open lot or a house and lot, whichever is applicable) of the
real estate subdivision “Tagaytay Heights” located in Tagaytay City, Cavite, Philippines shall be subjected to the
following restrictions, easements, conditions and definitions which shall be annotated in the corresponding certificate/s
of title as property encumbrances, to wit:

DEFINITION OF TERMS

OWNER Owner of lot/s or house and lot/or any residential unit at Tagaytay Heights Subdivision
DEVELOPER Shall refer to Philippine Townships Inc.,
PURCHASER Buyer of a lot originally owned by the OWNER.
ASSOCIATION Shall refer to the Homeowner’s Association

1.0 The HOMEOWNERS’ ASSOCIATION

1.1 The OWNER of this lot or his successor-in-interest is required to be and is automatically a member of
the ASSOCIATION and must abide by the rules and regulations laid down by the DEVELOPER and/or
the ASSOCIATION is the interest of sanitation, security, aesthetics and the general welfare of the
community. It is an integral part of the development scheme of the DEVELOPER to initiate the
formation of the ASSOCIATION. The DEVELOPER intends to assign to the said ASSOCIATION
some of its right under this contract, like those pertaining to building restrictions, for more uniform and
efficient enforcement thereof. The ASSOCIATION is authorized to make assessments to meet its
expenses that will constitute as a lien of the property junior only to liens of the government for taxes and
voluntary mortgages for sufficient consideration entered into good faith. Upon becoming a member of
the ASSOCIATION, the OWNER shall pay a one-time membership fee equivalent to one (1) month of
the computed dues. The ASSOCIATION shall have the power to increase the rate of the annual
assessment by as much as fifteen percent (15%) without the vote of the members owning a majority of
the common interest in the ASSOCIATION. The ASSOCIATION may use the surplus funds for the
upgrade of the common areas. In addition to the assessments authorized above, the ASSOCIATION may
levy, in assessment year, a special assessment applicable to that year only for the purpose of defraying,
in whole or part the cost of any construction, reconstruction, repair and replacement of a capital
improvement upon the common areas, including fixtures and personal property related thereto, provided
that any such assessment shall have the vote or written assent of the members owning the majority of the
common interest of the ASSOCIATION.

1.2 The OWNER hereby agrees that the common areas, road network and open space maintenance, common
space light and water, sanitary, security and garbage collection expenses for the parks and streets shall
be part of the assessment of the ASSOCIATION dues.

1.3While absolute ownership of the facilities and utilities for water supply, street lighting, maintenance of
the roads, drainage and such other facilities that may be put up for the promotion of the general welfare,
health, safety and morals of the members shall continue to remain in the name of the DEVELOPER, the
ASSOCIATION on the other hand shall conduct the affairs and activities related to the proper operation,
maintenance, beautification of housing units, regulation and enforcement of the ASSOCIATION’s rules
and regulations as well as these restrictions. The ASSOCIATION shall manage and maintain the
facilities before mentioned subject however to the control and supervision of the DEVELOPER, it being
expressly stipulated that the imposition and adjustment of such fees, charges and dues and assessments
for water and other utilities shall exclusively belong to the DEVELOPER and it being clearly understood
that the DEVELOPER, may in due time transfer
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after proper arrangements, ownership of such facilities to the ASSOCIATION that shall be bound to
accept the same provided that forty (40%) percent of the lots in the particular phase or phases of said
subdivision being turned over have been sold and the facilities therein have been substantially completed
provided further that the ASSOCIATION shall have been duly registered with the Housing and Land
Use Regulatory Board (HLURB). In the last instance, a lien shall established in favor of the
ASSOCIATION and/or the DEVELOPER over the property or properties of any member of the
ASSOCIATION, delinquent in the payment of such fees, charges, dues and assessments and in addition,
the ASSOCIATION and/or the DEVELOPER can take such actions as is appropriate to insure payment
therefore.

1.4 Membership in the ASSOCIATION shall not be transferred, pledged or alienated in any way, except
upon the sale or encumbrance of the lot to which it is appurtenant and then only to the purchaser in case
of sale or mortgage, in case of an encumbrance on said unit. Any attempt to make a prohibited transfer
of membership registered in his name to the purchaser of his lot, the ASSOCIATION shall have the right
to record the transfer upon its book and issue a new Certificate of Membership and thereupon the old
Certificate of Membership outstanding in the name of the previous OWNER shall be cancelled and
declared null and void. Each OWNER shall be required to advise the ASSOCIATION of the sale of his
lot and residential unit to another party within fifteen (15) days from the date of execution of the
agreement covering such sale or lease.

1.5 In the event an lot OWNER shall fail to make prompt payment of any assessment, such lot OWNER
shall be obligated to pay interest at a legal rate to be fixed by the ASSOCIATION on such unpaid
assessment, computed from the date thereof, together with all the expenses, including without limitation,
attorney’s fees paid or incurred by the ASSOCIATION, its agents, in any proceeding to collect such
unpaid assessments or in any action to foreclose the lien on such lot arising from unpaid assessments.
The ASSOCIATION or any offer, agent, attorney designated by the ASSOCIATION shall have the right
and obligation to institute all proceeding or actions deemed necessary or desirable to recover such
unpaid assessments together with interest thereon computed as aforesaid and the expenses of any such
proceeding.

2.0 USE AND OCCUPANCY OF LOTS

2.1 Residential Lot Limitations

Individual lots shall not be subdivided, however two (2) lots may be consolidated in to one (1). Three (3)
or more lots may be consolidated and subdivided into a lesser number of lots, provided that none of the
resulting lots shall be smaller in area than the smallest lot before consolidation and provided further that
construction on these lots shall be subjected to the easements provisions (refer to Section 2.5 & 3.5) and
coverage/plot ratio (refer to Section 3.4).

2.2 Use of Lots

Lots shall be used exclusively for residential purposes only. Lots shall not be used as access or right-of-
way to any adjacent land outside the subdivision or for any purpose unless approved by the
DEVELOPER or its corporate successors or assigns.

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The OWNER agrees and binds himself not to construct or maintain or cause to be constructed or
maintained in the premises hotels, motels, salons, bar or any establishment of ill-repute, or use the same
of any immoral or illegal trade or activity and any use which will disturb the peace, or be a nuisance in
the neighborhood.

Lots shall not be devoted to any of the following purposes: chapel, churches, similar places of worship
or any congregational gatherings, nor shall any structure be built on any lot for such purpose.

No residential lot shall be used in pursuit of any commercial purpose. No machinery, appliance or
structure shall be placed, maintained or operated on any lot, the purpose of which is to carry or facilitate
the carrying of commercial business of any kind.

2.3 Sign Boards

Commercial or advertising signs shall not be placed, constructed or erected on the lots.

2.4 Pets and Animals

No cattle, chicken/rooster, pig, sheep, goat, horse, snake, goose or other animals shall be maintained on
the lots, except for domestic pets in non-commercial quantities may be kept.

2.5 Setbacks and Easements

Every lot OWNER must provide, within his lot, an open space for purposes of landscaping and easement
for drainage, sewage, water and other public utilities as may be deemed necessary and desirable. Such
open space shall consist of the following:

5.0 m - fronting a street


2.0 m - along the sides and rear not fronting the nature park
2.0 m - along the sides and rear fronting the nature park

The OWNER, his lessee or representative shall permit access to authorized representative/s of the
DEVELOPER, or its corporate successors, the ASSOCIATION or public utility entities concerned for
the purposes of which the easement is created.

2.6 Sanitation, Grass and Garbage

The OWNER and/or lessee shall at all times keep the grass cut and trimmed. If the OWNER/Lessee fails
to comply after five (5) days from written notice, the DEVELOPER and/or ASSOCIATION may have
the grass trimmed at any time the grass grows beyond two (2) feet from the soil and keep the lot clean at
the expense of the OWNER/Lessee. For this purpose, the ASSOCIATION, the DEVELOPER or its
authorized representative or such party it may so authorize, shall have the authority to enter into the lot.
For maintenance of vacant lots, the OWNER is obligated to pay the cost therefore with interest at one
(1%) percent per month. This amount shall be incorporated into the OWNER’s monthly account.

No part of the property shall be used or maintained as dumping for rubbish, garbage and other materials
or aggregates. Building of fires in the open space or in the household premises it strictly prohibited.

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Trash receptacles of each unit should not be placed outside the property. These must be kept inside the
property and should be placed outside only during scheduled collections for disposal.

2.7 Planting of Trees

No existing tree, whether found within or outside the lot, shall be cut, moved or damaged, nor shall it be
relocated or transferred without written approval of the DEVELOPER, or its corporate successors. No
trees other than those planted by the DEVELOPER shall be allowed on the planting strip of the
sidewalk.

Should any tree in the lot be cut, damaged, removed or relocated, the OWNER agrees to plant or
turnover five (5) other trees belonging to the same family on his lot or an area designated by the
DEVELOPER within three (3) months of the removal, relocation, and/or damage. The DEVELOPER
reserves the right to approve the species of trees to be planted.

When all the residential lots in the subdivision shall have been sold, and all the streets, lanes and open
spaces have been disposed of to the ASSOCIATION or to the proper government entity concerned, such
approval shall be secured from the ASSOCIATION of the entire subdivision.

2.8 Laundry and Washing Area

No clothing, laundry or wash shall be aired or dried on any portion of the residential property in an area
exposed to view from the roads and nature park. The OWNER agrees to provide an enclosed area for
laundry/washing purposes located at the rear or side of the property, specifically in locations that are
hidden from view.

2.9 Barbecue Pits

No barbecue pits or any permanent structure shall be allowed to abut the fence or on any boundary line.

Any violation of this section on the use of the lot/s shall give the DEVELOPER the right to rescind the Contract
to Sell executed by an between the DEVELOPER and the OWNER over the lot/s or if the OWNER has fully
paid the purchase price for the lot/s and/or under the same terms and considerations as it was acquired by the
OWNER.

BUILDING AND ARCHITECTURE

3.1 The objective of the architectural guideline at TAGAYTAY HEIGHTS is to establish a consistent
standard of high quality for the design and construction of buildings in this unique community.
The architectural goal of the built environment is to create drama while harmonizing with and
emphasizing the natural environment.
The purpose of these guidelines is to ensure that at TAGAYTAY HEIGHTS, quality and design
excellence will be attained while not one residence will stand so apart in its design or construction as to
detract from the visual harmony of the community.

3.2 Site Grading – Filling and Cutting

The original finished grade of the lot as turned over is intended, as much as practicable, to be the final
grade or slope of the lot. As such, materially altering the grade and condition of the lot is prohibited,
however, in the event grading is inevitable, the result between cut and fill within a lot should balance.
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Filling of the lot for landscaping, construction and other purposes is allowed provided:

3.2.1 Such sill shall not result in obstructed views, and other/or potential damage to the area as
originally planned by the DEVELOPER and/or constitute an aggravation or nuisance to
adjoining properties;

3.2.2 Filling does not exceed one (1) meter above the original ground level within the designated
setback on the sides and the rear of the lot, and one (1) meter above the original ground level of
the designated setback in front of the lot adjoining a street;

3.2.3 Drainage and other facilities are installed to prevent the water from flowing or seeping into the
adjacent lots;

3.2.4 Structurally designed retaining walls or slope protection measures to be constructed by the
OWNER.

Cutting shall be limited to the extent that it shall not in any way affect or weaken the structural stability
of any adjacent lot and/or structure. Cutting of the lots is allowed provided:

3.2.5 Cutting of upslope lots is done for purposes of establishing a building area and/or providing a
driveway leading to the garbage or carport;

3.2.6 Cutting of downslope lots shall be conducted for structural purposes only;

3.2.7 Property designed slope protection measures should be provided by the OWNER to protect
adjacent lots and structure;

3.2.8 The proper adequate structural design of slope protection shall be the sole responsibility of the
OWNER.

All forms of filling and cutting are subject to prior approval by the DEVELOPER or its corporate
successors or assigns.

3.3 Building Height

Building shall not higher than eight (8.00) meters measured vertically from the top of the sidewalk to the
highest projection of the building proper.

The building height Structures to be built on lots sloping down to the rear of the property must have a
maximum heights of 8.0 meters measured from the top of the sidewalk fronting the property to the roof
apex.

Structures on lots elevated from the sidewalk must have a maximum height of 8.0 meter measured from
the original construction line on the center to the roof apex.

For lots with two (2) frontages, as in the case of through or corner lots, the side on which the driveway
entrance is permitted shall be the basis for determining whether a lot slopes to the rear or is elevated
from the sidewalk.

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To avoid further disputes on such cases, the OWNER agrees that the DDEVELOPER or its successors or
assigns shall have the final say on matters related to building height.

3.4 Building Footprint/Plot and Coverage Ratio

The maximum building footprint in relation to the lot area should be consistent with the restrictions of
the Presidential Commission on Taal-Tagaytay (PCTT). Building footprints shall not exceed seventy
(70%) percent of the lot area. A minimum of thirty (30%) percent based on the gross lot area should be
provided as green space for every lot. The green space is the exclusive area for softscaping which
excludes decks, walkways, pool/s, driveways, slope protection and other outdoor paved areas.

3.5 Building Setback

All buildings, including garage, servant’s quarter, and/or parts thereof, except as hereinafter provided
must be constructed at a distance of not less than five (5) meters from the lot boundary fronting a street,
and two (2) meters from the other boundaries not fronting a street. The setback shall be measured from
the property line to the nearest finished wall or column or any projection from said wall or column.
Outside edges of roofs and/or eaves, including porte-cochere or canopy of the building must be at least
four (4) meters from the property line fronting a street and one (1) meter from the property line not
fronting a street.
For residential lots along the designated nature parks, all building must be constructed at a distance of
not less than five (5) meters from the lot boundary fronting a street, three (3) meters from the side/s
facing the nature park and two (2) meters from other lot boundaries not fronting a street.

3.6 Auxiliary Structures

The plans and specifications of the building and any other structure, including the swimming pool,
decks, underground water reservoir, pergola or trellis or any subsequent additions thereto, constructed
within the property, shall comply with all existing laws, ordinances and/or regulations governing the
establishment of residence and must be subject to the approval of the plans thereof by the DEVELOPER
and the ASSOCIATION.

3.7 Building Plans

All house and building plans and specifications, whether original, revised, amendatory or additional
including the corresponding location and landscaping plans, must first be expressly approved by the
DEVELOPER and or the ASSOCIATION thirty (30) days prior to commencement of construction.
The DEVELOPER and/or the ASSOCIATION has the right to refuse entry of materials in the
subdivision to order stoppage/suspension of the construction works, or if construction has been
completed to order removal of the structures at the expense of the OWNER without the necessity of
court order and without any criminal and/or civil liability whatsoever on the part of the company, its
officers and employees, if plans and specifications do not conform with the parameters set by the
DEVELOPER and/or the ASSOCIATION, if construction is not in accordance with the approved plans,
if construction commences prior to approval by the DEVELOPER and/or the ASSOCIATION.

3.8 Construction Deposit


No house plan shall be approved unless the OWNER pays a construction deposit and has complied with
all the necessary requirements. The amount of the deposit shall be determined by

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the DEVELOPER and or the ASSOCIATION at the time of construction and shall be subject to review from
time to time. Said deposit shall be refunded by the OWNER after completion of construction minus whatever
damage the OWNER may have caused to any of the subdivision facilities and after the DEVELOPER and or
the ASSOCIATION has been satisfied that all the restrictions embodied herein have been complied by the
OWNER. In case of violation hereof, the construction deposit shall be forfeited without prejudice to such
other legal action the OWNER or the DEVELOPER and/or the ASSOCIATION may pursue.

3.9 Commencement of Construction

Construction of any structure on the lot/s may commence only after the OWNER has paid one hundred
(100%) percent of the total contract price of the lot/s to the DEVELOPER.

3.10 Alterations and improvements on Villas and Townhouses (optional if there are units design and built by the
DEVELOPER).

Statement of Principle: It is the Developer’s vision that the beauty of the TAGAYTAY HEIGHT development lies in the
consistency of architectural design/lines of all the residential units.

Therefore any significant alteration or addition which may change this uniform architectural treatment shall
not be allowed.

The addition of levels or stories to the original and existing Villa and Lot is prohibited. Furthermore, no other
building expansions or extensions can be planned within a lot area. This applies particularly, but not only, to
the end-units of the various townhouse clusters and the single-detached units where open spaces were made
available for landscaping in support of the predominant architectural scheme.

No alteration of the exterior elevation or exterior appearance will be allowed without prior written approval
of the DEVELOPER or the ASSOCIATION. Elements of the “exterior elevation” includes, but are not
limited the following: fence, roofing, exterior wall, doors and windows, exterior lighting, carport façade,
overall exterior color scheme.

No alteration or improvement on the house structure and its appurtenance shall be made without prior written
approval of the DEVELOPER or the ASSOCIATION. Structural elements as defined herein shall consist
principally of column/posts as well as the common wall segregating two (2) units. Internal alterations and
improvement shall cover, but shall not be limited to, architectural, plumbing, electrical and mechanical
components

3.11 Construction on a Wrong Lot

In the event the OWNER constructs his house on the wrong lot, the OWNER shall immediately remove said
construction at his expense, otherwise, the developer shall immediately remove the same at the OWNER’s
expense without the necessity of a court order and without incurring any criminal and/or civil liability
whatsoever on the part of the corporation or its officers and employees.

3.12 Unfinished Structure/Construction

In the event any structure or building shall remain unfinished and not ready for occupancy in accordance with
the approved plans within one (1) year from the date of commencement of construction, the OWNER shall be
given due notice by PHILTOWN and/or the ASSOCIATION to either finish or dismantle the said structure or
building within a six (6) month period. Failure on the part of the OWNER to comply with such obligation to
either completely finish or dismantle the structure/building within the set period, the DEVELOPER and/or the
ASSOCIATION can cause its demolition at the expense of the OWNER.

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3.13 Temporary Structures

No temporary building, shack, barn or other structures shall be erected. Adjacent lots may be used for
dumping of materials and stock pile for construction provided that said lots are immediately cleaned
after construction of the OWNER’s house. In case of failure of the OWNER to do so, the DEVELOPER
shall do the same but the cost thereof shall be deducted from the OWNER’s construction deposit.

3.14 No soil, stones or gravel shall be taken from this parcel or from any other lot belonging to the
DEVELOPER.

3.15 Wall/Fence

Walls or fences on the perimeter of the lots shall follow the design guidelines provided by the
DEVELOPER or its corporate successors prior to construction except that no restrictions as to height
applies to fence made of live vegetation. OWNERS, whose lots are along the perimeter of the
subdivision are not allowed to make any opening to the other side of the subdivision. The foregoing
restrictions, requirements and conditions are required to be observed by the OWNER or his/her
successor.

Special fences built by the DEVELOPER for security or aesthetic purposes shall not be removed, altered
or dismantled.

The design, construction and architectural treatment of walls or fences are subject to prior approval by
the DEVELOPER or its corporate successor.

3.16 Road Embankment

Road embankment or slope protection located inside lots shall not be removed without providing
necessary road erosion control such as natural rip-rap wall, the cost of which shall be for the account of
the OWNER. All erosion control structures shall have to be approved by the DEVELOPER and/or its
corporate successor.

4.0 UTILITIES/FACILITIES

4.1 The OWNER should first verify with the DEVELOPER the actual location of underground utilities prior
to planning and should secure all the necessary permits before tapping any utility lines.

4.2 Wells

No wells may be dug on any lot without prior written approval of the DEVELOPER or the
ASSOCIATION and the government entities concerned.

4.3 Booster Pumps

Booster Pumps shall not be allowed to tap from the water main. No booster pump shall be allowed in the
individual internal plumbing system without a reservoir of adequate capacity between the water main
and said booster pump, and provided further that installation of said booster pump system shall have
prior written approval of the DEVELOPER and/or the ASSOCIATION.

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4.4 Water Supply/Water Reservoir

The DEVELOPER represents to the OWNER that the water system shall adequately serve their
requirements. However, in order to efficiently distribute the water during very high demand periods, the
OWNER may install an underground system or reservoir, capacity of which shall not exceed two (2)
cubic meters.
Overhead tanks shall be allowed upon the approval.

4.5 Drainage/Sewage Disposal

Septic tanks should follow the design specified by the DEVELOPER as illustrated in Annex 1 of this
restriction
All drainage line shall be connected to the subdivision drainage system. No installation of any drainage
line shall be allowed outside the property without the written approval of the DEVELOPER or its
corporate successor.

4.6 Boring or Cutting

Boring or cutting through the concrete curb and gutter is not allowed.

4.7 Antennae (optional)

In keeping with the DEVELOPER’s vision to ensure beauty of the subdivision no individual exposed
aerial television antennae will be allowed throughout the entire subdivision.
The following will not be allowed without expressed written approval from the developer or the
ASSOCIATION: satellite/parbular dishes, radio masts, professional/commercial base antennae.

5.0 USE OF STREETS

5.1 Institutions Right-of-way.

Medical clinics, educational, charitable, religious, civic or government institutions, that may be
established or located within special areas designated for such purpose shall be allowed to use the streets
in the subdivision, leading to and from their respective places, for their patients, students, teachers,
members, employees and guests. Said institutions may be assessed by the DEVELOPER or the
ASSOCIATION for the maintenance of the streets and other services provided by the DEVELOPER or
the ASSOCIATION and such assessment may be increased, provided that the increase in the assessment
on regular members of the ASSOCIATION during the same period.
In case of disagreements, the question shall be submitted to arbitration by three (3) disinterested real
estate brokers or realtors, one (1) will be chosen by each party and the third to be chosen by the two (2)
arbitrators. The fees and expenses or arbitration shall be divided equally between each party.

5.2 Vehicular/Pedestrian Entrance

No vehicular entrances or exist shall be allowed along the curves at the streets intersections. No
vehicular or pedestrian entrance or exit shall be allowed on lot boundaries adjoining the subdivision
perimeter and golf course.

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5.3 Concrete Mixing

OWNER shall not be allowed to mix concrete directly on the subdivision’s paved roads or sidewalks.
Materials for concrete mixing such as gravel, sand, cement and other construction materials and
equipment shall not be placed along the roads as to cause obstruction or clogging of the drainage system,
or damage to the sidewalk, curbs and gutter and road paving.

5.4 Motor Vehicles and Car Repairs

No motor vehicle of any kind (two-, three-, or four-wheeler) is allowed to enter the sidewalk or in any
way use the alleys and pathways for parking, provided further that during times of extreme emergencies
such as earthquakes, fires, these alleys may be utilized to facilitate emergency passage.

It is understood however, that under no circumstance may a eight-, or ten-wheeler vehicle or any
commercial type truck be allowed to enter or park overnight around the subdivision roads and parkways.
Only a six wheeler/ELF maybe allowed to enter but only for 3 hours to load/unload materials.

The DEVELOPER and/or the ASSOCIATION shall prohibit major vehicle repairs/maintenance work to
be done on the streets of, or anywhere within the subdivision and in the OWNER’s carports/garage areas
especially if these said repairs would involve the possible spillage of oil and other fluids.

5.5 Subdivision Expansion Plans

The DEVELOPER reserves the right to expand the property, and as such, utilize any roadway, utilities,
and facilities in the course of its expansion. As an option of the DEVELOPER, the expanded property
may or may not be considered to be covered by the same ASSOCIATION or entity handling the original
property and may be sold, developed or alienated separately from this.

5.6 DEVELOPER Right-of-Way

The ASSOCIATION has been authorized by the DEVELOPER to construct and maintain community
facilities for purposes of recreation within the residential enclave for the exclusive benefit of its
members and guests. To enable the ASSOCIATION to achieve the purposes for which it was
established, it is understood the ASSOCIATION, its members and guests shall have the right to use all
roads and pathways subject only to reasonable rules and regulations as may be laid down by the
ASSOCIATION on such and which are applicable to the ASSOCIATION members in general.

6.0 TRANSFERS OF LOTS

6.1 Right of First Refusal

Should the OWNER desire to sell, assign or otherwise convey his rights or interests over the lot/s, the
OWNER shall first offer (herein referred to as the “Offer”) the lot/s to the DEVELOPER through its
duly authorized representatives. The Offer shall be in writing and shall specify the price, terms and
conditions of the Offer. The DEVELOPER shall communicate in writing its decision on the Offer within
fifteen (15) days from receipt of the Offer (herein referred to as “Offer Period”).

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Should the DEVELOPER signify in writing its intent to purchase the lot/s, a Deed of Absolute Sale shall
thereafter be executed upon terms and conditions to be mutually agreed upon by the parties. Should the
DEVELOPER fail to respond in writing its decision within the Offer Period or should the DEVELOPER
decide not to accept the Offer, the OWNER shall have the right to offer the lot/s to third persons within a
period of ninety (90) days (herein referred to the “Selling Period”), provided that any such sale,
assignment or transfer made under terms and conditions more favorable than those made in the Offer
shall be null and void. After the lapse of the Selling Period, any subsequent sale, transfer or disposition
of the lot/s must comply anew with the preferential right set forth under this section.

Any sale or conveyance made by the OWNER to a third party under the foregoing provision shall be
subject to a transfer fee not exceeding Fifty Thousand Pesos (Php 50,000.00) if the title of the lot/s has
not yet been transferred to the PURCHASER at the time of the said sale or conveyance.

The preferential right of the DEVELOPER under this section shall terminate upon turnover of the
subdivision to the ASSOCIATION.

6.2 Five (5) Year House Construction

The OWNER must complete one hundred (100%) percent construction of a single residential house on
the lot (s) within the period of FIVE years from the time the lot (s) within is turned over to the OWNER
by the developer and or the ASSOCIATION.

A minimum of PhP 5M (Five Million Pesos) cost of residential house must be built.

This amendment had been discussed and approved by the officers and directors of THHAI on 3 April
2018.

7.0 ADMINISTRATIVE GUIDELINES

7.1 Construction Guidelines

Should any construction activity commence without the necessary permits and/or consent of the
ASSOCIATION, the latter may have the Prerogative to:

7.1.1 Refuse issuance of I.D.s to workers;


7.1.2 Stop the ingress and egress, through the security Department of any delivery of materials at the
subdivision entry points;
7.1.3 Stop all activities related to construction of repair of alteration of and additional to the property.

The OWNER hereby agrees that any construction-related activity shall be subject to the
complete set of Construction Guidelines formulated by the DEVELOPER and/or the ASSOCIATION.

7.2 Submission of Plans

For all new residences, additional and auxiliary structures which are semi or fully enclosed, shall require
the ASSOCIATION’s approval and plans of which shall be submitted in triplicate.

7.3 Charges and Fees (figures subject to review)

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7.3.1 New Construction

Php 150, 000.00 (One Hundred Fifty Thousand Pesos) construction Deposit (refundable)
Php 50, 000.00 (Fifty Thousand Pesos) Administrative Fee
In cases where the construction is to be secured or for practical reasons, a MAXIMUM of four
(4) people per project may be allowed. Any number of persons EXCEEDING the maximum
limit and without shall be subject to a penalty and fine of PhP1, 000.00 (One thousand) per
worker. This amendment had been discussed and approved by officers and directors of THHAI
on 3 April 2018

7.4.5 Construction Workers’ I.D.’s – Only 20pcs of ID’s are free for every Construction Project.

All workers must secure their I.D.’s prior to any construction activity. Penalties and fines may
be imposed on workers who use I.D.’s assigned to previous construction or a construction other
than the assigned construction site or residence. Workers with expired I.D. have or found
without the same shall be charged with illegal entry and shall be dealt with accordingly.

7.4.6 Delivery of Materials

Toll free deliveries of materials shall be allowed from Monday to Friday, between the hours of
8 A.M. to 5 P.M. No deliveries shall be allowed outside this period.

7.4.7 Fencing of Construction Area

All construction areas shall be fenced off with G.I. sheets painted dark green to maintain the
cleanliness and upkeep of the area. Height of the fence is two (2) meters from the ground level.

7.5 Fines and Penalties

DEVELOPER to determine the amount.

The DEVELOPER and/or the ASSOCIATION reserve the right to periodically review and amend these lines and
penalties as deemed necessary and to add or amend these administrative guidelines.

8.0 PERIOD OF RESTRICTION

All the restrictions, easements, reservations and conditions enumerated herein shall be valid and binding and
shall run for a period of fifty (50) years extended for successive periods of ten (10) years, unless the member of
the ASSOCIATION holding a majority of the votes therein shall decide before the expiry of the period, not to
extend the term. Such restrictions may be added but not diminished, amended or changed by the
ASSOCIATION or by any governing body of the village, provided that the use and occupancy of the lot for
residential purposes by a single family only shall not be charged unless these lots are designated for any purpose
the DEVELOPER has set aside for.

OUTLINE DEED RESTRICTIONS 12


TAGAYTAY HEIGHTS

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