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Our Mission Statement:

―To provide a significant and educational experience for all, while


serving as a role model for self-sustaining environments and the
preservation of natural habitats worldwide.‖

AMENDED AND RESTATED


ECO GUIDELINES
of Pleasure Island Limited
a Belize Corporation
IT IS INTENDED THAT ALL PURCHASERS OF LOTS AND ALL IMPROVEMENTS ERECTED
OR TO BE ERECTED THEREON (THE “IMPROVEMENTS”), ALL RIGHTS AND
APPURTENANTS BELONGING THERETO, AND ALL OTHER PROPERTY (REAL,
PERSONAL AND MIXED) NOW OR HEREAFTER SITUATED ON OR WITHIN THE LOTS
LOCATED ON LONG CAYE AT THE LIGHTHOUSE REEF ATOLL SHALL PURCHASE THE
LOTS AND THE IMPROVEMENTS SUBJECT TO AND BE BOUND BY THESE ECO-
GUIDELINES EFFECTING SAID LOTS AND THE IMPROVEMENTS AT LONG CAYE AT
LIGHTHOUSE REEF NOW AND FOREVER MORE.

PLEASURE ISLAND LIMITED’S


COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, RULES,
REGULATIONS AND AGREEMENTS GOVERNING AND REGULATING
THE LONG CAYE PRESERVE AT THE LIGHTHOUSE REEF ATOLL
(“LONG CAYE”), BELIZE, C.A. (“ECO-GUIDELINES”)

©2003, 2004, 2010 Pleasure Island Limited. All rights reserved. Reproduction in whole or in
part is expressly forbidden.
TABLE OF CONTENTS

Introduction
Article I Definitions
Article II Property Rights
2.1 Common Area
2.2 Wetlands
2.3 No Partition
2.4 Exclusive Common Areas
2.5 Private Walkways and Pathways
Article III Membership and Voting Rights
3.1 Membership
3.2 Voting
3.3 Voting Delegates
3.4
Article IV Rights and Obligations of the Association
Common Area
4.1 Personal Property and Real Property for Common Use
4.2 Enforcement
4.3 Implied Rights; Board Authority
4.4 Indemnification
4.5 Dedication of or Grant of Easements on Common Areas
4.6 Security
4.7 Governmental Interests
4.10 Provisions of Service
Article V Maintenance
5.1 Association’s Responsibility
5.2 Owner’s Responsiblility
5.3 Standard of Performance
5.4 Cost Sharing Agreements
Article VI Annexation and Withdrawal of Property
6.1 Annexation by Declarant
6.2 Annexation by Membership
6.3 Withrdrawal of Property
6.4 Additional Covenants and Easements
6.5 Amendment
Article VII Establishment of the Environmental Review Board
7.1 General
7.2 Architectural Review
7.3 Guidelines and Procedures
7.4 Specific Guidelines and Restrictions
Article VIII Assessments
8.1 Creation of Assessments
8.2 Computation of General Assessments
8.3 Computation of Neighborhood Assessments
8.4 Special Assessments
8.5 Benefited Assessments
8.6 Capital Improvements Assessment
8.7 Lien for Assessments
8.8 Date of Commencement of Assessments
8.9 Failure to Assess
8.10 Exempt Property
8.11 Reserve Funds
8.12 Capitalization of Association
8.13 Annual Financial Reports and Budgets
8.14 Association Funds
8.15 Estoppel Certificate
8.16 Subordination to Lien Mortgage
Article IX Use Restrictions
9.1 General
9.2 Rules and Regulations
9.3 Occupants Bound
9.4 Leasing
9.5 Residential Use
9.6 Occupancy of Unfinished Lots
9.7 Vehicles
9.8 Use of Common Area
9.9 Animals and Pets
9.10 Nuisance
9.11 Storage of Materials, Garbage, Dumping, Sanitary Structures, Etc.
9.12 Combustible Liquids
9.13 Subdivision of Unit
9.14 Drainage
9.15 Irrigation
9.16 Ponds, Creeks and Lagoons
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9.17 Wetlands
9.18 Use and Preservation of the Lakes, Ponds, Bays and Lagoons (Wetlands)
9.19 Notice and Disclaimers as to Water Bodies
9.20 Conservation Area
9.21 No Clothes Drying Areas
9.22 Power Transformers and Other Utility Service
9.23 Renewable Resource Devices
9.24 Gatehouse Procedures
9.25 Garages
9.26 Helicopter and Aircraft Pads
9.27 Antennas and Utility Lines
9.28 Firearms
9.29 Signs
9.30 Laws and Ordinances
Article X Easements
10.1 Easements of Encroachment
10.2 Easements for Utilities, Etc.
10.3 Easements to Serve Additional Property
10.4 Easement for Entry
10.5 Easements for Maintenance and Enforcement
10.6 Easements for Use of Wetlands
10.7 Lateral Support
10.8 Easement for Special Events
10.9 Drainage Swale Easement
10.10 Rights to Storm Water Runoff, Effluent and Water Reclamation
10.11 Easement for Improvements
10.12 Liability for Use of Easements
10.13 Non-Merger
10.14 Grants
Article XI Mortgage Provisions
11.1 Notices of Action
11.2 No Priority
11.3 Notice to Association
11.4 Failure of Mortgagor to Respond
11.5 Construction of Article XI
Article XII Declarant’s Rights
12.1 Transfer or Assignment
12.2 Development and Sales
12.3 Improvements to Properties
12.4 Additional Covenants
12.5 Community Systems
12.6 Amendments
Article XIII General Provisions
13.1 Term
13.2 Termination
13.3 Amendment
13.4 Severability
13.5 Dispute Resolution
13.6 Litigation
13.7 Cumulative Effect; Conflict
13.8 Use of the Words ―Long Caye‖
13.9 Compliance
13.10 Notice of Sale or Transfer of Title
13.11 Exhibits
13.12 Right of First Refusal
13.13 Liability for Use of Easements
13.14 Remedies for Violation

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I. INTRODUCTION
Declarant is the owner of the real property described on Exhibit ―A‖ (Masterplan), which is attached hereto
and incorporated herein by this reference. These Eco-Guidelines impose upon the Properties mutually beneficial
restrictions under a general plan of improvement for the benefit of the owners of each portion of the Properties, all of
whom share our appreciation of nature and our concerns to maintain these important natural habitats, and establishes a
flexible and reasonable procedure for the overall development, administration, maintenance and preservation of the
Properties. In furtherance of such plan, these Eco-Guidelines provide for the creation of the Island of Long Caye
Property Community Association, Ltd. to own, operate and maintain the Common Areas, which include the
boardwalks, which will be strategically located on the Island to elevate the human travel path to ensure the lowest
possible impact on the existing plant and animal life.
Declarant hereby declares that all of the property described on Exhibit ―A‖ shall be held, sold, used and
conveyed subject to the following easements, restrictions, covenants, and conditions, which shall run with the title to
the real property subjected to these Eco-Guidelines. These Eco-Guidelines shall be binding upon and inure to the
benefit of all parties having any right, title or interest in any portion of the Properties, their heirs, successors,
successors-in-title, and assigns.
Although the Design Guidelines shall more specifically delineate the materials and methods to be used when
constructing Improvements on the Lots, Declarant hereby declares that all dwellings are to be unobtrusive, site adaptive
in design and must be of stilt construction to further ensure that the water flow of the Caye is minimally disturbed and
to accommodate water lens (water table) and tidal changes. Virtually all lakes, ponds, lagoons, creeks and other
wetlands on Long Caye are to remain in their ―as is‖, ―where is‖ condition, unless Declarant and/or ERB determines
that certain drainage and/or filling may be necessary (for pest reduction or ecologically sound and defensible property
improvement reasons). Creeks and lagoons swell and the water lens (water table) of Long Caye rises creating new
habitats. The diverse flora and fauna of the Caye is dependent upon the essential replenishment of the fresh water
supply provided by the seasonal rainfall. These Eco-Guidelines have been established to provide policies and
procedures so we can co-exist with and have minimal impact upon the natural habitats. These Eco-Guidelines, which
must be complied with by each of the Lot Owners and each of their invitees, visitors, guests, and tenants will more
likely than not help maintain the natural condition and value of the Properties on Long Caye and make the community a
harmonious and aesthetically pleasing Preserve.

ARTICTLE I: DEFINITIONS
The terms in these Eco-Guidelines and the exhibits attached hereto shall generally be given their natural,
commonly accepted definitions except as otherwise specified herein or the context requires such a contrary
construction. Capitalized terms shall be defined as set forth below.
1.1 ―Additional Property‖. All of that certain real property which is more particularly described on Exhibit
―B‖, which is attached hereto and incorporated herein by this reference, and which real property is subject to
annexation in accordance with the terms of these Eco-Guidelines.
1.2 “ERB”. The Environmental Review Board, as described in Section 7.2 of Article VII.
1.3 “Area of Common Responsibility”: The Common Area, together with those areas within Long Caye, if
any, which by the terms of these Eco-Guidelines, any Supplemental Eco-Guidelines, or by contract or agreement with
any Neighborhood or D.O.E. become the responsibility of the Association. The office of any property manager
employed by or contracting with the Association, if located on the Properties, or any public rights-of-way within or
adjacent to the Properties, may be part of the Area of Common Responsibility.
1.4 ―Articles of Association‖ or ―Articles‖: The Articles of Association of The Island of Long Caye
Community Association Limited, as they may be amended from time to time, as filed or to be filed with the applicable
governmental agency of Belize.
1.5 ―Association‖: The Long Caye Community Association Ltd., a Belize corporation, its successors or
assigns.
1.6 ―Benefited or Special Assessment‖: Assessments levied against Lots receiving benefits, items, or
services not provided to all Lots within a Neighborhood or within the Properties, as more particularly described in
Article VII of these Eco-Guidelines.
1.7 ―Benefited Expenses‖: The actual and estimated expenses of the Association that are incurred upon the
request of the Owner of a Lot for specific items or services relating to the Lot, or that are incurred by the Association
pursuant to these Eco-Guidelines or the Memorandum for providing specific items or services relating to or benefiting
one or more, but less than all, Lot or Lots.
1.8 ―Board of Directors‖ or ―Board‖: The body responsible for administration of the Association, selected
as provided in the Memorandum and serving as the board of directors under Belize corporate law.
1.9 ―Builder‖. Any Person who purchases one (1) or more Lots for the purpose of constructing
improvements for later sale to consumers or who purchases one (1) or more parcels of land within the Properties for
further subdivision, development, and/or resale in the ordinary course of such Person’s business. Any Person occupying
or leasing a Lot for residential purposes shall cease to be considered a Builder with respect to such Lot immediately
upon occupancy of the dwelling or structure on the Lot for residential purposes, notwithstanding that such Person
originally purchased the Lot for the purpose of constructing Improvements for later sale to consumers. All Builders
must have ERB Approval prior to commencement of building activity.
1.10 ―Capital Improvement Assessment‖. Assessments levied in accordance with Article VIII, Section
8.6.
1.11 ―Common Area‖. All real and personal property, including easements and licenses, which the
Association owns, leases or holds possessory or use rights in for the common use and enjoyment of the Owners.
1.12 ―Common Expenses‖. The actual and estimated expenses incurred, or anticipated to be incurred,
by the Association for the general benefit of all Owners, including, without limitation, any reasonable reserve, as the
Board may find necessary and appropriate pursuant to the Governing Documents. Common Expenses shall not include
any expenses incurred during the term of the Class ―B‖ membership for initial development, original construction,
installation of infrastructure, original capital improvements, or other original construction costs unless approved by

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Members holding a Majority of the total Class ―A‖ votes or Voting Delegates representing a Majority of the Class ―A‖
votes of the Association.
1.13 ―Community-Wide Standard‖. The standard of conduct, maintenance, or other activity generally
prevailing throughout the Properties. Such standard shall initially be established by the Declarant and may be more
specifically determined by the Board of Directors and the Environmental Review Board (the ―E.R.B.‖).
1.14 ―Cost Sharing Agreement‖. Any agreement, contract or covenant between the Association and an
owner or operator of property adjacent to, in the vicinity of, or within the Properties for the allocation of expenses for
amenities and/or services that benefit both the Association and the owner or operator of such property.
1.15 ―Days‖: Calendar days; provided however, if the time period by which any action required
hereunder must be performed expires on a Saturday, Sunday or legal holiday, then such time period shall be
automatically extended to the close of business on the next regular business day.
1.16 ―Declarant‖. Pleasure Island Limited, a Belize corporation, or any successor, successor-in-title, or
assign who takes title to any portion of the Properties described on Exhibits ‖A‖ and/or ―B‖ for the purpose of
development and/or sale and who is designated as the Declarant in a recorded instrument executed by the immediately
preceding Declarant; provided however, there shall be only one (1) ―Declarant‖ hereunder at any time.
1.17 ―Design Guidelines‖. The design, architectural and construction guidelines and application and
review procedures applicable to all or any portion of the Properties promulgated and administered pursuant to Article
VII.
1.18 ―Development Period‖: The period of time during which the Declarant owns any property which
is subject to this Declaration or any Additional Property or has the unilateral right to subject Additional Property to this
Declaration pursuant to Section 6.1 of Article VI. The Declarant may, but shall not be obligated to, unilaterally
relinquish its rights under this Declaration and terminate the Development Period by recording a written instrument in
the Public Records.
1.19 ―General Assessment‖. Assessments levied on all Lots subject to assessment under Article VIII to
fund Common Expenses for the general benefit of all Lots, as more particularly described in Sections 8.2 of Article
VIII of these Eco-Guidelines.
1.20 ―Governing Documents‖: These Eco-Guidelines, Memorandum, Articles of Association, all
Supplemental Declarations, all Design Guidelines, the rules of the Association, any Cost Sharing Agreement and all
additional covenants governing any portion of the Properties or any of the above, as each may be amended and
supplemented at any time and from time to time.
1.21 ―Improvements‖: All structures or artificially created conditions and appurtenances thereto of
every type and kind located on the Properties including, without limitations, buildings, out-buildings, walkways,
lighting fixtures, light bulbs, roads, golf cart parking areas, , screening, stairs, decks, pools, landscaping, , windbreaks,
planting, planted trees and shrubs, poles, signs and exterior air-conditioning and water softener fixtures or equipment, if
any, bridges, and guard bases.
1.22 ―Lot‖. A portion of the Properties, whether improved or unimproved, which may be independently
owned and conveyed, and which is intended for development, use and occupancy as a residence for a single family.
The term shall refer to the land, if any, which is part of the Lot, as well as any Improvements thereon. The term shall
include within its meaning, by way of illustration, but not limitation, single-family detached houses on separately
platted lots, as well as vacant land intended for development as such, but shall not include Common Area or property
dedicated to the public.
In the case of an unplatted, unregistered or unrecorded parcel of land, the parcel shall be deemed to be a single
Lot until such time as a subdivision plat or master plan is filed with respect to all or a portion of the parcel. Thereafter,
the portion encompassed by such plat or master plan shall contain the number of Lots determined as set forth in the
preceding paragraph and any portion not encompassed by such plat or master plan, as the case may be, shall continue to
be treated in accordance with this Section 1.29 of Article I.
1.23 ―Majority‖: Those votes, Owners, Members, Voting Delegates, Voting Group, or other group, as
the context may indicate, totaling more than fifty percent (50%) of the total eligible number.
1.24 ―Member‖. A Person subject to membership in the Association pursuant to Article III.
1.25 ―Memorandum of Association‖. or ―Memorandum‖: The Memorandum of Association of The
Island of Long Caye Community Association Limited, as it may be amended from time to time, as filed or to be filed
with the applicable governmental agency of Belize.
1.26 ―Mortgage‖. A mortgage, a deed of trust, a Charge, a deed to secure debt, or any other form of
security instrument affecting title to any Lot.
1.27 ―Mortgagee/Chargee‖: A beneficiary or holder of a Mortgage or Charge.
1.28 “Owner”. One (1) or more Persons or legal entity(ies) holding the record title to any Lot, including
the Declarant and any Builders, but excluding in all cases any party holding an interest merely as security for the
performance of an obligation. If a Lot is sold under a recorded contract of sale, and the contract specifically so
provides, the purchaser (rather than the fee owner) will be considered the Owner. If more than one (1) Person owns a
Lot, all such Persons shall be jointly and severally obligated to perform the responsibilities of such Owner.
1.29 “Person”. A natural person, a corporation, a partnership, a limited liability company, a fiduciary
acting on behalf of another person or any other legal entity.
1.30 “Property or Properties”: The real property described on Exhibit ‖A‖ as such exhibit may be
amended or supplemented from time to time at any time to reflect any additions or removal of property.
1.31 “Public Records”. The Official Records of any department, agency, division or other appropriate
Belize governmental agency.
1.32 ―Users‖ A ―User‖ is anyone including but not limited to; Owners, Builers, Contractors, Visitors
and Guests, who occupy any portion of the Caye, including but not limited to; Parcels/Lots (residential and
commercial), common areas, Preserve, roads and trails, wetlands etc…

1.33 “Special Assessment”. Assessments levied in accordance with Section 4 of Article VIII.

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1.34 “Supplemental Declaration”. An instrument filed in the Public Records, which subjects
Additional Property to this Declaration and/or imposes, expressly or by reference, additional restrictions and
obligations on the land described in such instrument.
1.35 “Voting Delegate” The representative selected by the Members of each Neighborhood to be
responsible for casting all votes attributable to Lots in the Neighborhood for election of directors, amending these Eco-
Guidelines or the Memorandum, and all other matters provided for in these Eco-Guidelines and in the Memorandum.
Each Neighborhood shall certify to the Association the name of the Voting Delegate from that Neighborhood. In the
event a dispute arises in the Neighborhood as to who constitutes the Voting Delegate, the vote which would have been
cast by that Voting Delegate will be suspended until that Neighborhood clarifies the identity of the Voting Delegate by
certifying to the Association the name of the Voting Delegate. The term ―Voting Delegate‖ shall also refer to any
alternate Voting Delegate acting in the absence of a Voting Delegate and any Owner personally casting the vote for his
or her Lot pursuant to Article III.
1.36 “Wetland Area,” “Wetland” or “Wetlands”.- The general, all-encompassing term referring to
any pond, lake, lagoon, stream, creek, standing water, or other body of water referenced anywhere else in document,
and this definitions section.
1.37 ―Wetland Use Restrictions‖: Use restrictions, rules and procedures for any Wetland Area, Wetland
or Wetlands promulgated by the Association.
1.38 ―Wetland Owner‖: Each Owner of a Lot which includes any portion of any Wetland Area,
Wetland or Wetlands, referenced in this document and this definitions section.

ARTICLE II: PROPERTY RIGHTS


2.1 Common Area. Every Owner shall have a right and non-exclusive easement of use, access, and
enjoyment in and to the Common Area, which is appurtenant to and shall pass with title to each Lot, subject to:
 These Eco-Guidelines and all other Governing Documents, as amended from time to time;
 Any restrictions or limitations contained in any deed conveying such property to the Association; The
right of the Board to adopt, amend and repeal rules regulating the use and enjoyment of the Common
Area, including rules limiting the number of guests who may use the Common Area and fees for the use
of any facility situated upon the Common Area; The right of the Board to suspend the right of an Owner
to use any facilities within the Common Area.
 The right of the Board to permit the use of any facilities situated on the Common Area by persons other
than Owners, their families, lessees and guests; the Board may, but shall not be required to, establish
reasonable fees for the use of such facilities and rules regulating the use and enjoyment of these facilities;
 The right of the Association, acting through the Board, to mortgage, charge, pledge, or hypothecate any or
all of its real or personal property as security for money borrowed or debts incurred; and
 The right of the Association, acting through the Board, to dedicate or transfer all or any portion of the
Common Area, subject to any approval requirements set forth in the Governing Documents.
Any Owner may extend his or her right of use and enjoyment to the members of his or her family, lessees, and
social invitees, as applicable, subject to reasonable regulation by the Board. An Owner who leases his or her Dwelling
in accordance with and any rules promulgated by the Board shall be deemed to have assigned all such use rights to the
lessee of such Dwelling; provided however, the Owner shall remain responsible for payment of all assessments and
other charges. Fees are not charged for general usage and enjoyment of the Common Areas. If fees are charged for
access to Common Areas, they shall be reasonable and customary and shall be charged only to ensure that the
Association is compensated for any wear and tear that occurs because of the usage of the common area. Neither the
Declarant, nor the Association may use public/open spaces or collateral or to mortgage them.
2.2 Wetlands.
(a) Access to and use of the Wetlands is strictly subject to the Restrictions herein. No Member or other
Person gains any right to access the Wetlands from the Properties, if ever, other than by ownership or occupancy of a
Lot, which includes a portion of the Wetlands. Each Owner of a Lot acknowledges and agrees to strictly abide by any
and all such Use Restrictions. Any Person, including any Owner, using the Wetlands, notwithstanding the outright
prohibition to use the Wetlands or any portion thereof, for any purpose shall exclusively assume the risk of such use.
Under no circumstance shall the Declarant, the Association, any Builder, or any Person acting on their behalf, be held
liable in any way, except for their own acts of negligence or carelessness, for any damages whatsoever. Users of
wetlands assume any liability for use of such wetlands, both for themselves as well as by any occupant or their
respective invitees or licensees.
(b) The Owners acknowledge that no rights or easements for access to the Wetlands exist over, across or
through any Lot adjacent to the wetlands except to the Owner of such Lot. No swimming, water skiing, jet skiing, or
any motorized craft/vessel/vehicle shall be permitted in/on the Wetlands.
2.3 No Partition. Except as permitted in these Eco-Guidelines, there shall be no judicial partition of the
Common Area. No Person shall seek any judicial partition unless the portion of the Common Area that is the subject of
such partition action has been withdrawn from the provisions of these Eco-Guidelines. This Section 3 of Article 2 shall
not prohibit the Board from acquiring and disposing of real property, which may or may not be subject to these Eco-
Guidelines.
2.5 Private Walkways and Pathways: Every Owner shall have a right and nonexclusive easement of
use, access and enjoyment in and to and over and across any private walkway and pathways within the Properties
(―Private Streets‖), whether or not such Private Streets are Common Area, for the purpose of ingress and egress to
public rights-of-way. The rights and nonexclusive easements granted herein are appurtenant to the title to each Lot,
subject to:
(a) These Eco-Guidelines and all other Governing Documents;
(b) The right of the Declarant, so long as the Declarant owns the Private Streets, to adopt, amend and
repeal rules regulating the use and enjoyment of the Private Streets, provided that the Declarant shall not by the
adoption of any rule or regulation bar access of the Owners across the Private Streets;
(c) The right of the Declarant to dedicate all or any part of the Private Streets;

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(d) The right of the Declarant to mortgage, charge, pledge, or hypothecate any or all of the Private Streets
as security for money borrowed or debts incurred, provided that the Declarant shall not subject the Private
Streets to any security instrument without obtaining the agreement of the lender to subordinate its interest in
the Private Streets to the easements for the Owners contained in this Section 5(d) of Article 2; and,
(e) The rights of the Declarant to maintain the Private Streets.
Any Owner may extend his or her right of use and enjoyment to the members of his or her family, lessees, and social
invitees, as applicable.

ARTICLE III: MEMBERSHIP AND VOTING RIGHTS


3.1 Membership. Every Owner and Declarant shall be a Member of the Association. There shall be
only one (1) membership per Lot. If more than one (1) Person owns a Lot, all co-Owners shall share the privileges of
such membership, subject to reasonable Board regulation and the restrictions on voting set forth in these Eco-
Guidelines in Section 2 of Article 3, and in the Memorandum. Any officer, director, member, manager, partner or
trustee of such Owner, or by any individual designated from time to time by the Owner in a written instrument
delivered to the secretary of the Association may exercise the membership rights of an Owner, which is not a natural
person. Membership in the Association shall not be assignable by an Owner, except to the successor-in-interest of the
Owner, and every such membership (other than that of Declarant) shall be appurtenant to and may not be separated
from the fee ownership of a Lot.
3.2 Voting. The Association shall have two (2) classes of membership, Class ―A‖ and Class ―B‖.
(a) Class “A”: Class ―A‖ Members shall be all Owners, including any and all Builders, except the
Class ―B‖ Member for so long as there exists a Class ―B‖ Member. Class ―A‖ Members shall be entitled to one (1)
equal vote for each Lot in which they hold the interest required for membership; provided however, there shall be only
one (1) vote per Lot and no vote shall be exercised for any property which is exempt from assessment. When there is
more than one (1) Owner of a Lot, the vote for such Lot shall be exercised as the co-Owners determine among
themselves and advise the secretary of the Association in writing prior to the vote being taken. (Fractional votes shall
not be allowed, and the vote for each Lot shall be exercised, if at all, as a whole.) Absent such advice, the Lot’s vote
shall be suspended, if more than one (1) Person seeks to exercise it. All Co-Owners (including, without limitation, any
non-voting Co-Owners) shall be jointly and severally responsible for all obligations imposed upon the jointly owned
Lots and said Co-Owners shall be entitled to all benefits of ownership, except as expressly otherwise provided herein.
(b) Class “B”. The sole Class ―B‖ Member shall be the Declarant. The rights of the Class ―B‖ Member,
including the right to approve, or withhold approval of, actions proposed under these Eco-Guidelines, the
Memorandum and the Articles, are specified in the relevant sections of these Eco-Guidelines, the Memorandum and the
Articles. The Class ―B‖ Member may appoint a Majority of the members of the Board of Directors until termination of
the Class ―B‖ membership.
The Class ―B‖ membership shall terminate when the earlier of the following events occurs:
Three (3) months after ninety percent (90%) of the total number of Lots permitted by the D.O.E. for the property
described on Exhibits ―A‖ and ―B‖ have been sold and have been conveyed to Persons other than Builders, contractors,
or others who purchase a Lot for the purpose of constructing improvements thereon for resale; or
December 31, 2014; or
When, in its discretion, the Declarant so determines and voluntarily relinquishes such right as evidenced by
recording a written instrument in the Public Records.
Subsequent to the termination of the Class ―B‖ membership, Declarant shall be entitled to elect at least one (1)
member of the Board as long as Declarant holds for sale in the ordinary course of business at least five percent (5%) of
the Lots on Long Caye. After Declarant relinquishes control of the Association, Declarant may exercise the right to
vote with regard to Lots owned by Declarant in the same manner as any other Member, except for purposes of
reacquiring control of the Association or selecting the Majority of the members of the Board of Directors, and the
Declarant shall be a Class ―A‖ Member entitled to Class ―A‖ votes for any Lot which it owns.
3.4 Voting Delegates. No Person shall be eligible to serve as a Voting Delegate or an alternate Voting
Delegate if any assessment for such Person’s Lot is delinquent regardless of the reason.

ARTICLE IV: RIGHTS AND OBLIGATIONS OF THE ASSOCIATION


4.1 Common Area. The Association, subject to the rights of the Owners set forth in these Eco-
Guidelines, shall be responsible for the exclusive management and control of the Common Area and all Improvements
thereon (including, without limitation, furnishings, fixtures and equipment related thereto and common landscaped
areas), and shall keep it in a good, clean, attractive, and sanitary condition, order, and repair, pursuant to the terms and
conditions of these Eco-Guidelines and consistent with the Community -Wide Standard, set forth by the Eco-
Guidelines.
4.2 Personal Property and Real Property for Common Use. The Association may acquire, hold, and
dispose of tangible and intangible personal property and real property. The Declarant and its designees, with the
Declarant’s prior written consent, may convey to the Association improved or unimproved real estate, or interests in
real estate located within the Properties, personal property and leasehold and other property interests. The Association
shall have the right to accept or refuse such Properties to serve the best interests of the Association. When accepted,
such property shall be accepted by the Association and thereafter shall be maintained by the Association at its expense
for the benefit of its Members, subject to any restrictions set forth in the deed or other instrument transferring such
property to the Association. Declarant shall not be required to make any improvements or repairs whatsoever to
property to be conveyed and accepted pursuant to this Article 5, Section 2, including, without limitation, dredging or
otherwise removing silt from any wetland area or lot or other body of water that may be conveyed. Upon written
request of Declarant, the Association shall re-convey to Declarant any portions of the Properties originally conveyed by
Declarant to the Association for no consideration, to the extent conveyed by Declarant in error or needed by Declarant
to make adjustments in property lines.
4.3 Enforcement. The Board or any committee established by the Board, with the Board’s approval,
may impose sanctions for violation of the Governing Documents after compliance with the notice and hearing
procedures set forth in of the Memorandum. Such sanctions may include, without limitation:
(a) imposing monetary fines which shall constitute a lien upon the Lot of the violator (In the event that
any occupant, guest or invitee of a Lot violates the Governing Documents and a fine is imposed, the fine shall first be

6
assessed against the occupant, although a copy of the initial notice may be sent to Owner, provided, however, if the fine
is not paid by the occupant within the time period set by the Board, the Owner shall pay the fine and any and all
charges and interest that has accrued thereon upon delivery of either a first or second notice from the Board.);
(b) filing notices of violations in the Public Records providing record notice of any violation of the
Governing Documents;
(c) suspending an Owner’s right to vote;
(d) suspending any person’s right to use any facilities within the Common Area; provided however,
nothing herein shall authorize the Board to limit ingress to or egress from a Lot; and
(e) suspending any services provided by the Association to an Owner or the Owner’s Lot if the Owner is
more than thirty (30) Days delinquent in paying any assessment or other charge owed to the Association.
In the event that any occupant, guest or invitee of a Lot violates the Governing Documents, the Board or any committee
established by the Board, with the Board’s approval, may sanction such occupant, guest or invitee and/or the Owner of
the Lot, which the violator is occupying or visiting.
In addition, the Board, or the covenants committee, if established, may elect to enforce any provision of the Governing
Documents by exercising self-help (specifically including, but not limited to, the filing of liens in the Public Records
for non-payment of assessments and other charges, the removal of pets that are in violation of pet rules, or the
correction of any maintenance, construction or other violation of the Governing Documents) without the necessity of
compliance with the procedures set forth in the Memorandum. The Association may levy a Specific Assessment to
cover all costs and other charges and fees incurred in bringing a Lot into compliance with the Governing Documents.
The Association may also elect to enforce any provisions of the Governing Documents by suit at law or in
equity to enjoin any violation or to recover monetary damages or both without the necessity of compliance with the
procedures set forth in the Memorandum.
All remedies set forth in these Eco-Guidelines and the Memorandum shall be cumulative of any remedies
available at law or in equity. In any action or remedy taken by the Association to enforce the provisions of the
Governing Documents, if the Association prevails, it shall be entitled to recover all costs, including, without limitation,
attorneys’ fees and disbursements and court costs, reasonably incurred in such action, whether suit is filed or not and
throughout appeals.
The Association shall not be obligated to take action to enforce any covenant, restriction, or rule which the
Board in the exercise of its business judgment determines is, or is likely to be construed as, inconsistent with applicable
law, or in any case in which the Board reasonably determines that the Association’s position is not strong enough to
justify taking enforcement action. Any such determination shall not be construed as a waiver of the right of the
Association to enforce such provision under any circumstances or prevent the Association from enforcing any other
covenant, restriction or rule.
The Association, by contract or other agreement, may enforce Belize District or Federal ordinances, if
applicable, and permit local and other governments to enforce ordinances on the Properties for the benefit of the
Association and its Members.
4.4 Implied Rights; Board Authority. The Association or Declarant may exercise any right or privilege
given to it expressly by these Eco-Guidelines or the Memorandum, or reasonably implied from or reasonably necessary
to effectuate any such right or privilege. Except as otherwise specifically provided in these Eco-Guidelines, the
Memorandum, the Articles, or by law, all rights and powers of the Association may be exercised by the Board without
a vote of the membership.
4.5 Indemnification. The Association shall release, defend, indemnify and hold every officer and
director of the Declarant and Association, ERB members, and committee members of the Association harmless from
and against all damages, liabilities, and expenses, including attorneys’ fees and disbursements incurred in connection
with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board
of Directors) to which he or she may be a party by reason of being or having been an officer, director, ERB member or
committee member, except that such obligation to indemnify shall be limited to those actions for which liability is
limited under this Article 4, Section 5, the Articles of Incorporation and Belize law.
Said officers, directors, ERB members and committee members shall not be liable for any mistake of
judgment, negligent or otherwise, except for their own individual willful misfeasance, willful malfeasance, willful
misconduct, or willful bad faith. Said officers, directors, ERB members, and committee members shall have no
personal liability with respect to any contract or other commitment made or action taken in good faith on behalf of the
Association (except to the extent that such officers, directors, ERB members or committee members may also be
Members of the Association). The Association shall release, defend, indemnify and forever hold each such officer,
director, ERB member and committee member harmless from and against any and all liability to others on account of
any such contract, commitment or action. This right to indemnification shall not be exclusive of any other rights to
which any present or former officer, director, ERB member or committee member may be entitled. The Association
shall, as a Common Expense, maintain adequate general liability and officers’ and directors’ liability insurance to fund
this obligation, if such insurance is reasonably available.
Each Lot Owner acknowledges that their parcel has been purchased ―as is‖ including water table and tidal
changes, including, but not limited to, a constant presence of water on all or a portion of the Lot(s). Purchaser agrees to
release, defend, indemnify and hold Declarant, its officers, directors and employees harmless from and against any and
all claims, demands, damages, costs and expenses of whatsoever nature or kind, including attorney's fees and costs,
arising from any matter relating to the development of Long Caye at Lighthouse Reef by Pleasure Island Limited,
including, without limitation, water level fluctuations of all Wetlands and other causes out of the control of Declarant.
4.7 Dedication of or Grant of Easements on Common Area. The Association may dedicate or grant
easements across portions of the Common Area to Belize or to any other local governmental or quasi-governmental
entity.
4.8 Security. Each Owner and occupant of a Lot, and their respective guests and invitees, shall be
responsible for their own personal safety and the security of their (personal, real and mixed) property in the Properties.
The Association may, but shall not be obligated to, maintain or support certain activities within the Properties designed
to make the Properties safer than they otherwise might be. NEITHER THE ASSOCIATION, THE DECLARANT,
NOR ANY SUCCESSOR DECLARANT SHALL IN ANY WAY BE CONSIDERED INSURERS OR
GUARANTORS OF SECURITY WITHIN THE PROPERTIES, HOWEVER, AND NEITHER THE ASSOCIATION,
THE DECLARANT, NOR ANY SUCCESSOR DECLARANT SHALL BE HELD LIABLE FOR ANY LOSS OR

7
DAMAGE BY REASON OR FAILURE TO PROVIDE ADEQUATE SECURITY OR INEFFECTIVENESS OF
SECURITY MEASURES UNDERTAKEN. ALL OWNERS AND OCCUPANTS OF ANY LOT, TENANTS,
GUESTS AND INVITEES OF ANY OWNER OR OCCUPANT, AS APPLICABLE, ACKNOWLEDGE THAT THE
ASSOCIATION AND ITS BOARD OF DIRECTORS, DECLARANT, OR ANY SUCCESSOR DECLARANT AND
THE ERB DO NOT REPRESENT OR WARRANT THAT ANY FIRE PROTECTION SYSTEM, BURGLAR
ALARM SYSTEM OR OTHER SECURITY SYSTEM OR MEASURE, INCLUDING ANY MECHANISM OR
SYSTEM FOR LIMITING ACCESS TO THE PROPERTIES MAY NOT BE COMPROMISED OR
CIRCUMVENTED, THAT ANY FIRE PROTECTION OR BURGLAR ALARM SYSTEMS OR OTHER
SECURITY SYSTEMS OR MEASURES WILL PREVENT LOSS BY FIRE, SMOKE, BURGLARY, THEFT,
HOLD-UP, OR OTHERWISE, NOR THAT FIRE PROTECTION OR BURGLAR ALARM SYSTEMS OR OTHER
SECURITY SYSTEMS OR MEASURES WILL IN ALL CASES PROVIDE THE DETECTION OR PROTECTION
FOR WHICH THE SYSTEM IS DESIGNED OR INTENDED. EACH OWNER AND OCCUPANT OF ANY LOT,
AND EACH TENANT, GUEST AND INVITEE OF AN OWNER OR OCCUPANT, AS APPLICABLE,
ACKNOWLEDGES AND UNDERSTANDS THAT THE ASSOCIATION, ITS BOARD OF DIRECTORS AND
COMMITTEES, DECLARANT, AND ALL SUCCESSOR DECLARANTS ARE NOT INSURERS AND THAT
EACH OWNER AND OCCUPANT OF ANY LOT AND EACH TENANT, GUEST AND INVITEE OF ANY
OWNER OR OCCUPANT ASSUMES ALL RISKS FOR LOSS OR DAMAGE TO PERSONS, TO
IMPROVEMENTS AND LOTS AND TO THE CONTENTS OF IMPROVEMENTS AND ACCESSORY
STRUCTURES AND FURTHER ACKNOWLEDGES THAT THE ASSOCIATION, ITS BOARD OF DIRECTORS
AND COMMITTEES, DECLARANT, AND ALL SUCCESSOR DECLARANTS HAVE MADE NO
REPRESENTATIONS OR WARRANTIES NOR HAS ANY OWNER, OCCUPANT, TENANT, GUEST OR
INVITEE RELIED UPON ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE,
RELATIVE TO ANY FIRE AND/OR BURGLAR ALARM SYSTEMS OR OTHER SECURITY SYSTEMS
RECOMMENDED OR INSTALLED OR ANY SECURITY MEASURES UNDERTAKEN WITHIN THE
PROPERTIES.
Each Owner acknowledges, understands and covenants to inform its tenants and all occupants, guests and invitees of its
Lot that the Association, its Board of Directors and committees, Declarant, and any successor Declarant are not insurers
and that each Person using the Properties assumes all risks of personal injury and loss or damage to real, personal or
mixed property, including Dwellings, Improvements and the contents thereof, resulting from acts of third parties.
4.9 Governmental Interests. During the Development Period, the Association shall permit the
Declarant authority to designate sites within the Properties, which may include Common Area owned by the
Association, for fire, police and/or other security measures, if provided, water, water management facilities, parks and
other public facilities.
4.10 PROVISION OF SERVICES. THE ASSOCIATION MAY PROVIDE SERVICES AND
FACILITIES FOR THE MEMBERS OF THE ASSOCIATION AND THEIR GUESTS, LESSEES AND
INVITEES. THE ASSOCIATION SHALL BE AUTHORIZED TO ENTER INTO CONTRACTS OR OTHER
SIMILAR AGREEMENTS WITH OTHER ENTITIES, INCLUDING DECLARANT, TO PROVIDE SUCH
SERVICES AND FACILITIES. THE COSTS OF SUCH SERVICES AND FACILITIES PROVIDED BY THE
ASSOCIATION MAY BE FUNDED BY THE ASSOCIATION AS A COMMON EXPENSE. IN ADDITION,
THE BOARD SHALL BE AUTHORIZED TO CHARGE USE AND CONSUMPTION FEES FOR SERVICES
AND FACILITIES THROUGH BENEFITED ASSESSMENTS OR BY REQUIRING PAYMENT AT THE
TIME THE SERVICE OR FACILITY IS PROVIDED. AS AN ALTERNATIVE, THE ASSOCIATION MAY
ARRANGE FOR THE COSTS OF THE SERVICES AND FACILITIES TO BE BILLED DIRECTLY TO
OWNERS BY THE PROVIDER(S) OF SUCH SERVICES AND FACILITIES. THE BOARD, WITHOUT
THE CONSENT OF THE CLASS “A” MEMBERS OF THE ASSOCIATION, SHALL BE PERMITTED TO
MODIFY OR CANCEL EXISTING SERVICES OR FACILITIES PROVIDED, IF ANY, OR TO PROVIDE
ADDITIONAL SERVICES AND FACILITIES. NOTHING CONTAINED HEREIN CAN BE RELIED UPON
AS A REPRESENTATION AS TO THE SERVICES AND FACILITIES, IF ANY, WHICH WILL BE
PROVIDED BY THE ASSOCIATION.

ARTICLE V: MAINTENANCE
5.1 Association’s Responsibility.
(a) The Association shall maintain and keep in good condition, order and repair the Area of Common
Responsibility, which may include, but need not be limited to:
(i) all Common Area and all Improvements thereon, all in accordance with the
provision of these Eco-Guidelines, to assume such maintenance obligations of Owners as it may elect
at any time and from time to time.
(ii) all landscaping and other flora, , wetlands, bridges, structures and Improvements,
including, but not limited to, any entry features, (i.e. elevated pathways) (including cleaning and
periodic bolstering of nails, screws and bolts), and walkways situated upon the Common Area;
(iii) all furnishings, fixtures, equipment and other personal property of the Association;
(iv) any landscaping and other flora, buffers, entry features, fencing, structures and
Improvements within public rights-of-way within or abutting the Properties or upon such other public
land adjacent to the Properties as deemed necessary in the discretion of the Board or as otherwise
required by a governmental or quasi-governmental agency;
(v) such additional portions of any property included within the Area of Common
Responsibility as may be dictated by these Eco-Guidelines, any Supplemental Declaration, any Cost
Sharing Agreement or any contract or agreement for maintenance thereof entered into by the
Association;
(vi) all Wetlands located within the Properties, which serve as part of the drainage for
the Properties, including any retaining walls, bulkheads or dams (earthen or otherwise) retaining
water therein, and any fountains, lighting, pumps, conduits, and similar equipment installed therein or
used in connection therewith;

8
(vii) such other action that the Board shall deem advisable with respect to the Properties
as may be permitted hereunder or under law.
The Association may, as a Common Expense, maintain other property and improvements which it does not own,
including, without limitation, property dedicated to the public, or provide maintenance or services related to such
property over and above the level being provided by the property owner, if the Board of Directors determines that such
maintenance is necessary or desirable to maintain the Community-Wide Standard.
(c) The Association may be relieved of all or any portion of its maintenance responsibilities herein to the
extent that (i) such maintenance responsibility is otherwise assumed by or assigned to an Owner or (ii) such property is
dedicated to any local or national government or quasi-governmental entity; provided however, that in connection with
such assumption, assignment or dedication, the Association may reserve or assume the right or obligation to continue to
perform all or any portion of its maintenance responsibilities, if the Board determines that such maintenance is
necessary or desirable to maintain the Community-Wide Standard.
Except as provided above, the Area of Common Responsibility shall not be reduced by amendment of this
Declaration or any other means during the Development Period except with the written consent of the Declarant.
(d) Except as otherwise specifically provided herein, all costs associated with maintenance, repair and
replacement of the Area of Common Responsibility shall be a Common Expense to be allocated among all Lots as part
of the General Assessment, without prejudice to the right of the Association to seek reimbursement from the owner(s)
of, or other Persons responsible for, certain portions of the Area of Common Responsibility pursuant to the Governing
Documents, any recorded covenants, or any agreements with the owner(s) thereof. Notwithstanding the foregoing, the
Board may, within its sole discretion, allocate the expense of maintenance, repair, and replacement, which benefits one
(1) or more, but less than all Lots, as a Special Assessment in accordance with the benefit so received by such Lots,
pursuant to Section 4 of Article 8.
5.2 Owner’s Responsibility.
(a) General. Each Owner shall maintain his or her Lot, and all structures, composing toilets and bins,
any portion of the Wetlands, as applicable, landscaping and other flora, and other improvements comprising the Lot in
a manner consistent with the Community-Wide Standard and all Governing Documents, unless such maintenance
responsibility is otherwise assumed by or assigned to the Association.
(b) Enforcement of Maintenance of Responsibilities. In addition to any other enforcement rights, if an
Owner fails properly to perform his or her maintenance responsibility, the Association may perform such maintenance
responsibilities and assess all costs incurred by the Association plus an administrative charge equal to ten percent
(10%) of such costs against the Lot and the Owner in accordance with this Declaration. The Association shall afford
the Owner reasonable notice and an opportunity to cure the problem prior to entry, except when entry is required due to
an emergency situation.
5.3 Standard of Performance. Unless otherwise specifically provided herein or in other instruments
creating and assigning such maintenance responsibility, responsibility for maintenance shall include responsibility for
repair and replacement, as necessary. All maintenance shall be performed in a manner consistent with the
Community-Wide Standard and all Governing Documents. Neither the Association nor any Owner shall be liable for
any damage or injury occurring on, or arising out of the condition of, property which such Person does not own except
to the extent that it has been negligent in the performance of its maintenance responsibilities.
5.4 Cost Sharing Agreements. Adjacent to or in the vicinity of the Properties, there may be certain
residential, nonresidential or recreational areas, including, without limitation, retail, commercial, or business areas,
which are not subject to this Declaration, and which are neither Lots nor Common Area as defined in this Declaration
(hereinafter ―Adjacent Properties‖). The owners of such Adjacent Properties shall not be Members of the Association,
shall not be entitled to vote, and shall not be subject to assessment under this Declaration.
The Association may enter into Cost Sharing Agreements with the owners or operators of portions of the Adjacent
Properties:
(a) to obligate the owners or operators of such Adjacent Properties to share in certain costs associated
with the maintenance, repair, replacement and insuring of portions of the Area of Common Responsibility, if any,
which is used by or benefit jointly the owners or operators of such Adjacent Properties and the owners within the
Properties;
(b) to permit use of any recreational and other facilities located on such Adjacent Properties by the
Owners of all Lots;
(c) to obligate the Association to share in certain costs associated with the maintenance, repair,
replacement and insuring of portions of such Adjacent Properties, if any, which are used by or benefit jointly the
owners or operators of such Adjacent Properties and the Owners within the Properties; and/or
(d) to establish rules and regulations regarding the use of the areas that benefits jointly the owners or
operators of such Adjacent Properties and the Owners within the Properties.
The owners or operators of such Adjacent Properties shall be subject to assessment by the Association only in
accordance with the provisions of such Cost Sharing Agreement(s). If the Association is obligated to share costs
incurred by the owners of such Adjacent Properties, such payments by the Association shall constitute Common
Expenses of the Association. The owners or operators of the Adjacent Properties shall not be subject to the restrictions
contained in these Eco-Guidelines except as otherwise specifically provided herein.

ARTICLE VI: ANNEXATION AND WITHDRAWAL OF PROPERTY


6.1 Annexation by Declarant. Until twenty (20) years after the recording of this Declaration in the
Public Records, Declarant may from time to time at any time unilaterally subject to the provisions of these Eco-
Guidelines annex all or any portion of any additional land or island, whether located on Long Caye, Belize, or
otherwise, and may subject such annexed property to these Eco-Guidelines. The Declarant may transfer or assign this
right to annex property, provided that the transferee or assignee is the developer or owner of at least a portion of the
real property described in Exhibits ‖A‖ or ―B‖ and that such transfer is memorialized in a written, recorded instrument
executed by Declarant.
Such annexation shall be accomplished by filing a Supplemental Declaration in the Public Records describing
the property being annexed. Such Supplemental Declaration shall not require the consent of Members, but shall require
the consent of the owner of such property, if other than Declarant. Any such annexation shall be effective upon the
filing of record such Supplemental Declaration unless otherwise provided therein. Upon addition of any property to the

9
scheme of these Eco-Guidelines, the term ―Properties‖ as defined herein shall be amended and be deemed to include
such Additional Property and the owners of such Additional Property shall become subject to the Governing
Documents and the provisions thereof, including, without limitation, assessment by the Association for their pro rata
share of the Association’s Common Expenses.
Nothing in this Declaration shall be construed to require the Declarant or any successor to annex or develop
any of the Additional Property in any manner whatsoever.
6.2 Annexation by Membership. The Association may annex any real property to the provisions of
these Eco-Guidelines with the consent of the owner of such property, the affirmative vote of Members holding a
Majority of the Class ―A‖ votes or Voting Delegates representing a majority of the total Class ―A‖, whichever the case
may be, of the Association represented at a meeting duly called for such purpose, and, during the Development Period,
the affirmative vote or the written consent of the Declarant.
6.3 Withdrawal of Property. The Declarant reserves the right to amend this Declaration during the
Development Period, for the purpose of removing any portion of the Properties from the coverage of these Eco-
Guidelines. Such amendment shall not require the consent of any Person other than the Owner of the property to be
withdrawn, if not the Declarant. If the property is Common Area, the Association shall consent to such withdrawal.
6.4 Additional Covenants and Easements. The Declarant may unilaterally subject any portion of the
Properties to additional covenants and easements, including covenants obligating the Association and/or Lot Owners to
maintain and insure such property on behalf of the Owners and obligating such Owners to pay the costs incurred by the
Association or such Lots Owners, as applicable, through Special Assessments or otherwise, as the case may be. Such
additional covenants and easements shall be set forth in a Supplemental Declaration filed either concurrently with or
after the annexation of the subject property, and shall require the written consent of the owner(s) of such property, if
other than the Declarant. Any such Supplemental Declaration may supplement, create exceptions to, or otherwise
modify the terms of these Eco-Guidelines as it applies to the subject property in order to reflect the different character
and intended use of such property.
6.5 Amendment. This Article 6 shall not be amended during the Development Period without the prior
written consent of Declarant.

ARTICLE VII. ESTABLISHMENT OF THE ENVIRONMENTAL REVIEW BOARD (“ERB”).


7.1 “General”
No Lot shall be cleared and no exterior structure or Improvement, as described below, shall be placed, erected,
installed or made upon any Lot or adjacent to any Lot where the purpose of the structure is to serve as or service such
Lot except in compliance with this Article, and with the prior written approval of the appropriate reviewing body under
this Article, unless exempted from the application and approval requirements pursuant to this Article.
A residential designer, or an architect shall design all dwellings constructed on any portion of the Properties
and they shall be built in accordance with the plans and specifications sealed by an licensed architect (or similarly
qualified professional) approved by the ERB. In addition to first being approved by the Declarant, Association and/or
ERB, dwellings shall be built in accordance with plans and specifications approved by the Central Building Authority.
This Article shall not apply to the activities of Declarant or Pleasure Island Limited or its successors or
assigns, or to Improvements to the Common Area made by or on behalf of Declarant / Pleasure Island Limited or its
successors or assigns. This Article may not be amended during the Development Period without Declarant / Pleasure
Island Limited’s or its successors or assigns’ written consent, which may be withheld or denied in Declarant / Pleasure
Island Limited’s sole discretion.
7.2 “Architectural Review”
Responsibility for administration of the Design Guidelines and review of all applications for
construction and modifications to insure that such plans are consistent with the environmental (and other construction)
standards under these Eco-Guidelines and this Article shall be handled by the reviewing bodies described below, the
members of which need not be Members of the Association or representatives of Members, and may, but need not,
include architects, landscape architects, engineers or similar professionals, whose compensation, if any, shall be
established at any time and from time to time by the ERB. The reviewing bodies may establish and charge reasonable
fees for review of applications hereunder and may require such fees to be paid in full prior to review of any application.
Such fees may include the reasonable costs incurred in having any application reviewed by architects, engineers or
other professionals.
(a) Environmental Review Board. The ERB shall consist of at least one (1), but no more than
five (5) Persons and shall have exclusive jurisdiction over all construction on any portion of the Properties.
Until one hundred percent (100%) of the Properties have been developed and conveyed to Owners other than
Builders and the Declarant and initial construction on each Lot has been completed in accordance with the
Design Guidelines, the Declarant retains the right to appoint all members of the ERB who shall serve at the
Declarant’s discretion. There shall be no surrender of this right prior to that time except in a written
instrument in recordable form executed by Declarant. Upon the expiration or surrender of such right, the
Board shall appoint the members of the ERB, who shall thereafter serve and may be removed in the Board’s
discretion.
(c) Architect and Contractor Approval. In order to ensure that appropriate standards of
construction and other work are maintained throughout the Properties, all architects, builders and other
contractors must be approved by the ERB prior to engaging in any construction and other contracting
activities. The ERB shall implement an approval process utilizing established criteria and requiring the
submission of a written application for approval. Approval of architects, builders and contractors may not be
construed as a recommendation of a specific architect or contractor by the ERB or the Declarant, nor a
guarantee or endorsement of the work of such architect, builder or contractor. Once approved (unless such
approval is withdrawn by the ERB), an approved architect, builder or contractor shall not be required to re-
submit or re-apply to the approval process.
7.3 “Guidelines and Procedures”
(a) Design Guidelines. The Declarant shall determine the Design Guidelines for the Properties. The
Design Guidelines may contain general provisions applicable to all of the Properties, as well as specific
provisions which vary according to land use and from one (1) portion of the Properties to another depending
upon the location, unique characteristics, and intended use. For example, by way of illustration but not

10
limitation, the Design Guidelines may impose stricter requirements on those portions of the Properties
adjacent to or visible from any Wetlands. The Design Guidelines are intended to provide guidance to Owners
and Builders regarding matters of particular concern to the reviewing bodies in considering applications
hereunder as well as to create practices for the highest standard of self-sustainability and healthy continuance
of Long Caye. The Design Guidelines are not the exclusive basis for decisions of the reviewing bodies and
compliance with the Design Guidelines does not guarantee approval of any application.
The ERB shall have sole and full authority to amend the Design Guidelines. Any amendments to the
Design Guidelines shall be prospective only and shall not require modifications to or removal of structures or
Improvements previously approved; provided that, the approved construction or modification has commenced.
There shall be no limitation on the scope of amendments to the Design Guidelines; the ERB is expressly
authorized to amend the Design Guidelines to remove requirements previously imposed or otherwise to make
the Design Guidelines less restrictive. The ERB shall make the Design Guidelines available to Owners and
Builders who seek to engage in development or construction within the Properties.
The ERB may promulgate detailed procedures and standards governing its area of responsibility,
consistent with those set forth in the Design Guidelines. Any architectural guidelines and standards adopted
by the ERB may be more restrictive than the Design Guidelines, but under no circumstances shall they be
inconsistent with the Design Guidelines.
(b) Procedures.
1. Submission Package. The Submission Package should include a cover letter from
the Applicant, any appropriate fee and the item(s) for review. All packages are to
be submitted in duplicate form. Drawings must be submitted in English and unit of
measure must be in feet and inches. Minimum scale requested for drawings is 1/4‖
= 1‖. There are three (3) Categories of Review:
2. Survey of site
3. Site Plan – Must show position of building on parcel with roof dimensions,
setbacks and material specifications. Must show North position.
4. Architectural Plans – including:
5. Floor Plan – Must show interior dimensions (net area for each room) and exterior
dimensions. Commercial buildings must show location and description of
commercial space and housing, if applicable. Create chart showing:
(A) Gross area of building (based on outside dimensions).
(B) Sum of the veranda, stair and platform areas (and all other areas not
considered part of the living or commercial area).
(c) Sum of items (a) and (b) immediately above is considered total building
area.
ii. Sections – At least one section of the building illustrating highest point of building
with dimensions from ground to top of roof and material specification.
iii. Elevations – Front and side.
iv. Floor Framing System.
v. Roof Framing System.
vi. Electrical Plan.
vii. Plumbing Plan, including details of wastewater and graywater treatment systems.
viii. Exterior Colors and Materials.
ix. Construction time schedule – Project timeline

The Submission Package for Final Approval must include the final drawings as intended to be submitted to the
Government of Belize. Each Submission Package must include a Review Application and be complete, (i.e.
all criteria pertinent to that Category of Review must be included or otherwise referenced, in order to receive
Final Approval). The criteria are detailed further in these Eco-Guidelines below in the Section entitled
"Review Criteria." All Categories of Review should be submitted simultaneously.
(c) Review Fees - There is a two hundred dollar (US$200.00) review fee, which may be changed at any
time and from time to time without notice, that includes preliminary and final review for all review category
submissions. This must be included as part of the initial Submission Package. The fee for reviewing a
revision to a previously approved plan is one hundred dollars (US$100.00). There is an additional one
hundred dollar (US$100.00) fee charged to review any Submission Package that has been previously denied
by the ERB for reasons pertaining to lack of adherence to the review criteria for that Category of Review.
(d) Deadline - Deadline for receipt of a submission package by the ERB is 11:00 a.m. on the first day of
each month. Contact the ERB by email at info@longcayebelize.com for time and dates for planned meetings.
(e) Plan Review - The ERB reviews all submission packages within a timely manner of submission of a
complete Submission Package, which includes the required fees, unless designated otherwise. The response
may be mailed upon request. The response consists of one set of appropriately stamped items and the ERB
decision letter. Applicants are encouraged to submit items in a conceptual or preliminary state when there are
questionable review items, as such submissions could avoid costly resubmission and/or delays later in the
review process.
(f) Revised Plans - Revisions to any Final Approval item(s) must be submitted for approval according
to the above-described procedures. Revision fee due on submission of revisions is specified above.
(g) Variances - The ERB may authorize variances from compliance with any of its guidelines and
procedures when circumstances such as topography, natural obstructions, hardship, or aesthetic or
environmental considerations require, but only in accordance with duly adopted rules and regulations. Such
variances may only be granted, however, when unique circumstances dictate and no variance shall (a) be
effective unless in writing; (b) be contrary to this document; or (c) prevent the ERB from denying a variance
in other circumstances. For purposes of this Section, the inability to obtain approval of any governmental
agency, the issuance of any permit, or the terms of any financing shall not be considered a hardship warranting
a variance.

11
(h) Withdrawal - In the event a submission is unqualified for ERB review, the Applicant may withdraw
the submission and any review fee returned upon request.
(i) Appeal - In the event an appeal is desired of a Denial decision, under this document, an Applicant
may request a re-review of submitted plans. The ERB will make its decision within thirty (30) days of its
meeting; provided that, a complete Submission Package was initially delivered to the ERB and that all fees
required for said review have been paid and in-full.
(j) Remedies - Pleasure Island Limited / Declarant, any member of the ERB, or the Board, or the
representatives of each shall have the right, during reasonable hours and after reasonable notice, to enter upon
any Lot to inspect for the purpose of ascertaining whether any structure or Improvement is in violation of this
Article or these Eco-Guidelines. Any structure, Improvement and/or landscaping placed upon or made in
violation of this Article shall be deemed to be nonconforming. Upon written request from the ERB, Owners
shall, at their own cost and expense, remove such structure or Improvement and restore the property to
substantially the same condition as existed prior to the nonconforming work. Should an Owner fail to remove
and restore the property, as required, any authorized agent of the Declarant /PIL, the ERB, or the Board shall
have the right, but not the obligation, to enter onto and over the property, remove the violation, and restore the
property to substantially the same condition as previously existed. Entry for such purposes and in compliance
with this Section shall not constitute a trespass. In addition, the Board may enforce the decision of the
Declarant/PIL, and/or the ERB by any means of enforcement described herein. All costs plus an
administrative fee equal to ten percent (10%) of such costs, together with the interest at the maximum rate
then allowed by law, may be assessed against the affected/benefited Lot and collected from the Lot Owner.
Unless otherwise specified in writing by the applicable reviewing body granting approval, all
approvals granted hereunder shall be deemed conditioned upon completion of all elements of the approved
work and all work previously approved with respect to the Lot, unless approval to modify any application has
been obtained. If, after commencement, any Person fails to diligently pursue to completion all approved work,
the Declarant or the Association shall be authorized, after notice to the Owner of the Lot and an opportunity to
be heard in accordance with the Memorandum, to enter upon the Lot and remove or complete any incomplete
work and to assess all costs plus an administrative fee equal to ten percent (10%) of such costs incurred
against the Lot and the Owner thereof as an Assessment. A typical house must not take more than 6-8 months
to complete construction and related site cleanup.
Neither the ERB, or any member of the foregoing nor the Association, the Declarant, or their
members, officers or directors shall be held liable to any Person for exercising the rights granted by this
Article. Any contractor, subcontractor, agent, employee, or other invitee of an Owner who fails to comply
with the terms and provisions of this Article or these Eco-Guidelines may be excluded by the ERB from the
Properties, subject to the notice and hearing procedures contained in the Memorandum.
In addition to the foregoing, the Association shall have the authority and standing to pursue any and
all legal and equitable remedies available to enforce the provisions of this Article and the decisions of the
ERB.
(k) Completion of Construction: Certification; Survey; Inspection - The building or Improvements shall
not be used or, it shall not be occupied until such time as (1) the ERB receives notice of completion from the
Lot Owner or his or her agent certifying that all construction and improvements comply with plans and
specifications, as previously approved by the ERB, prepared as required by ERB regulations, showing all
construction and Improvements were built in accordance with plans and specifications previously approved by
the ERB; (2) the ERB approved same for compliance with plans and specifications as previously approved by
the ERB
(l) Architect and General Contractor Approval - In order to ensure that appropriate standards of
construction are maintained throughout the Properties, all architects, builders and general contractors must be
approved by the ERB prior to engaging in any construction activities. The ERB shall implement an approval
process utilizing established criteria and requiring the submission of a written application for approval.
Approval of architects, builders and contractors may not be construed as a recommendation of a specific
architect or contractor by the ERB or Pleasure Island Limited / Declarant, nor a guarantee or endorsement of
the work of such architect, builder or contractor. Once approved (unless such approval is withdrawn by the
ERB), an approved architect, builder or contractor shall not be required to re-submit to the approval process.
In reviewing each submission, the reviewing body may consider the quality of workmanship and
design, harmony of external design with existing structures, and location in relation to surrounding structures,
topography, and finish grade elevation, among other considerations. Decisions may be based solely on
aesthetic considerations. Each Owner acknowledges that opinions on aesthetic matters are subjective and may
vary over time. In addition, each Owner acknowledges that, as the developer of the Properties, Declarant has
a substantial interest in ensuring that all structures and Improvements within the Properties enhance
Declarant’s reputation as a community developer and do not impair Declarant’s ability to market, sell or lease
any portion of the Properties or any of the Adjacent Properties. Therefore, each Owner agrees that, during the
period that the Declarant has the right to appoint the members of the ERB, the ERB shall be acting solely in
Declarant’s interest and shall owe no duty to any other Person.
In the event that the ERB fails to approve or to disapprove any complete application within a timely
manner after submission of all information and materials reasonably requested, the application shall be
deemed approved. However, no approval, whether expressly granted or deemed granted pursuant to the
foregoing, shall be inconsistent with the Design Guidelines unless a variance has been granted in writing by
the ERB pursuant to these Eco-Guidelines.
Notwithstanding the above, the ERB by resolution may exempt certain activities from the application
and approval requirements of this Article, provided such activities are undertaken in strict compliance with the
requirements of such resolution.
Nothing contained herein shall be construed to limit the right of an Owner to remodel the interior of
their Lot, or to paint the interior of her dwelling any color desired; provided, modifications or alterations to the
interior of screened porches, patios and similar portions of a Lot visible from outside the Lot shall be subject
to approval hereunder.
7.4 Specific Guidelines and Restrictions.

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(a) Exterior Structures and Improvements. Exterior structures and Improvements shall include, but shall
not be limited to, staking, clearing, excavation, grading and other site work; initial construction of any
dwelling or accessory building; exterior alteration of existing Improvements; clotheslines; garbage cans; wood
piles; swimming pools; docks, piers or boathouses; gazebos or playhouses; water supply and collection
systems; lighting fixtures; window air-conditioning units or fans; shutters or awnings; hot tubs; solar panels;
antennas; satellite dishes or any other apparatus for the transmission or reception of television, radio, satellite,
or other signals of any kind; hedges, walls, , or fences of any kind, artificial vegetation or sculpture; and
planting or removal of landscaping materials. Notwithstanding the foregoing, the Declarant shall regulate
antennas, satellite dishes, or any other apparatus for the transmission or reception of television, radio, satellite
or other signals of any kind. Setbacks established in these guidelines must ensure compliance with Central
Building Authority standards.
(b) In addition to the foregoing activities requiring prior written approval, the following items are strictly
regulated, and the reviewing body shall have the right, in its sole discretion, to prohibit or restrict these items
within the Properties. Each Owner must strictly comply with the terms of this Article VII, Section 4(b), unless
approval or waiver in writing is obtained from the appropriate reviewing body. The ERB has adopted specific
guidelines or review criteria as part of the Design Guidelines or rules and regulations that address the
following items.
(1) Utilities
i. Energy Plan
(A) Solar power shall be the primary source of energy on Long Caye.
Low decibel generators may be used only for emergency backup power.
All power systems must be specifically approved in writing by the ERB.
(B) The use of a gauge is encouraged to monitor available energy in
the battery, and which should indicate when batteries are full.
(C) The use of a voltmeter is encouraged to allow Lot Owners to
adjust solar panels to the optimum angle to the sun.
(D) The use of an occupancy sensor is encouraged to minimize
energy use when the Lot is not occupied.
(E) For ventilation and cooling, passive and neutral techniques
should be used.
(F) All power transformers and other utility service equipment are to
be shielded by enclosures of wood, masonry or landscaping as
approved by the ERB
(v) Approval - All Utility Plans must be submitted to ERB for written approval
prior to installation.

(ii) Water Supply and Collection – Dwelling, structures and homes must have
cisterns, bladders or water catchment and holding systems, which store rainwater collected.
Any use of ground water or seawaterfor production of potable water, such as reverse
osmosis or other filtering or purification water treatment system may be used only upon
approval by the ERB. The ERB may refuse any lot owner the use of such a system, based on
the size of a lot, the location of a lot, the surrounding lot owners’ usages of such systems,
and/or the impact upon the environment.
(iii) Waste
(A) Composting Toilets - Human waste must be treated with
composting toilets. Septic tanks, cesspools and sewers are prohibited.
(B) Gray water (showers, sinks, etc.) - All Gray water must be
treated, and all dwellings and buildings must have an approved gray water
treatment system. All gray water treatment plans must be submitted to
the ERB for written approval.
(C) Food Waste - Food waste must be disposed of in composting
bins.
(D) All Lot Owners must participate in the Recycling and
Reclamation Program. They must have composting bins for food waste,
paper products and any other compostable materials, along with recycling
bins for crushed metal cans, glass and plastic bottles and/or containers.
Lot Owners must take recyclable materials to designated waste collection
sites on the Properties. Batteries must be disposed of properly, in an
environmentally safe manner.

(iv) Lighting fixtures


(A) Internal dwelling lighting may be low or high voltage.
(B) Exterior lighting shall be low intensity and directed downward or
reflected with cut off angles, or set back from the beach, where applicable,
so as to not be directly visible or disturbing to the wildlife.
(vi) All consumable goods or products, including, but not limited to, bathing
products, cleaning solutions, cleaning products, cleaning supplies, household paper
products and sunscreen must be biodegradable.
(2) Survey-- The ERB reserves the right to request a survey of any questionable item
during construction of the dwelling.
(3) Site Plan
i. Setbacks
(A) All setbacks shall be subject to and comply with documentation
herein, and shall be measured from the appropriate Lot line. Dimensions
from the Lot line for any structural elements (e.g. structures, screened

13
enclosures, porches, walls, equipment, accessory structure, garage, etc.)
must be shown. The ERB may modify, amend or waive setback
requirements in accordance with this document.
(B) Minimum front yard, rear yard and side yard setbacks for
dwellings, patios, porches, decks, garages, buildings and screened
enclosures is ten (10) feet.
(C) Minimum side yard setback for equipment, trash containers and
other similar utilitarian devices is ten (10) feet. Such items must be
landscaped from view such that they are not visible to any pedestrians.
(D) No equipment is permitted outside the footprint of the dwelling .

ii. Grade Elevations


(A) The site plan must show the minimum lowest, finished floor
elevation, according to the definition in these Eco Guidelines.
The reference benchmark for Long Caye shall established 8 feet
above sea level at high tide, the first floor of each dwelling must
be a minimum of 4 feet above the ground where it is located, and
the finished floor elevation shall be referenced back to the
established reference benchmark and the submittal must reflect
that height reference.
iii. Residential and Commercial Graphics
(A) No sign of any kind shall be erected or placed upon any Lot or
the Properties (as further clarified below) by an Owner or
occupant (except Pleasure Island Limited or its designee) without
the prior written consent of the ERB, except such signs as may be
required by legal proceedings. Unless in compliance with this
Section, no signs shall be posted or erected by any Owner or
occupancy within any portion of the Properties, including the
Common Area, any Lot, any structure or dwelling located on the
Common Area or any Lot (if such sign would be visible from the
exterior of such structure or dwelling as determined in the
reviewing body’s sole discretion).
(B) Declarant and the ERB reserve the right to adopt additional
restrictions with respect to the size, content, color, lettering,
design and placement of any approved signs. All signs must be
professionally prepared. This provision shall not apply to entry,
directional, or other signs installed by Declarant or its duly
authorized agent as may be necessary or convenient for the
marketing and development of the Properties.
iv. Fences and Walls
(A) The design, materials and height of any wall and/or fence must be
shown, either on the site plan or by separate drawing.
(B) Privacy walls and fences, as defined herein, must not exceed six
(6) feet in height, except for a privacy wall enveloping a cistern,
which may not exceed twelve (12) feet in height.
(C) No wall or fence may obstruct the drainage or the flow of water.
(D) Any combination of landscaping and fence or wall elements must
be approved by the ERB in its sole discretion, to create an effect
similar to a wall or fence. The appropriate ERB provisions for
wall and fences will apply in such instance.
(E) Chain link fences are prohibited.
v. Accessory Dwellings and Structures
(A) Any accessory structure, as defined herein, must be detailed on
the site plan and specifically approved by the ERB
(B) Aerials, antennae and satellite dishes are acceptable as approved
by ERB regulations.
(C) No accessory buildings of any kind are permitted on the
Properties unless otherwise approved by the ERB.
vi. Swimming Pools, Hot Tubs, Whirlpools, Etc.
(A) In ground swimming pools, hot tubs, whirlpools, etc. are
prohibited on Long Caye. Above-ground swimming pools, hot
tubs, whirlpools, etc. are permitted where they do not materially
disturb the natural habits or natural water flow, as approved by
the ERB.
vii. Garbage and Trash Containers; Sanitary Structures
(A) During the construction period of a residence, a construction
container, and/or other approved containers are required on-site. Such
containers or composting toilets are to be located so as to provide
minimum visual off-site exposure. Construction debris is to be removed
from Long Caye frequently to avoid offense or nuisance to neighbors and
must be disposed of at an appropriate disposal site on mainland Belize at
Lot Owner’s or contractor’s sole expense.
(B) A wall, fence or adequate landscaping must conceal residential
garbage containers and/or compost bins.
(4) Architectural Plans

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(A) Building Size
i. On a Residential Lot, construction of a two-story dwelling may be
allowed. The building footprint may not exceed twenty percent (20%) of the gross
Lot square footage (e.g. Lot size is 50' X 100' = 5,000 square feet, dwelling may
not exceed 1,000 square feet per story). Square footage measurements shall include
the exterior walls. All square footage measurements shall be exclusive of porches,
decks or patios.
ii. On a commercial parcel, construction of a structure may not exceed fifty
percent (50%) of the gross Lot square footage (e.g. Lot size is 50' X 100' = 5,000
square feet, dwelling may not exceed 2,500 square feet). Square footage
measurements shall include the exterior walls. All square footage measurements
shall be exclusive of porches, decks or patios.
iii. Lot Owners having multiple parcels, each contiguous, may construct a
dwelling or structure, as the case may be, using the same calculation as above;
however, multiple parcel square footage may be combined in the calculation of a
single dwelling’s or structure’s, as applicable, total square footage.
iv. Dwellings constructed on Long Caye Residential and Commercial lots
may be two-stories, but must conform to height restrictions listed below.
v. Improvements such as porches, decks, patios, holding tanks for water
storage, storerooms and other structures outside of the building footprint may not
exceed ten percent (10%) of the total Lot size. This 10% calculation shall be
considered in addition to and not in lieu of the 20% residential dwelling or 50%
commercial building calculations.
vi. Floor Plan drawings must use a minimum scale of 1/4" = 1'.
(B) Elevations
i. All dwellings are to be erected on stilt or post construction having a
minimum height of 8 feet above sea level, and are allowed two stories with roof
deck – slope of roof may vary.
ii. The height of any residential or commercial dwelling or structure is not to
be more than thirty feet (30’) from the existing grade within the building footprint.
If a roof deck is the highest point of the building structure – a 48‖ open lattice or
screen handrail must be installed. Where a roof decks is present, no loose furniture
or other objects may be left out when the deck is not occupied. All roof deck
features and furniture must be ―built-in‖ so as not to create a safety hazard. . The
appropriate terms for height calculation are herein.
iii. Elevation drawings must use a minimum scale of 1/4" = 1'.
(C) Roofs - Roofs should be designed to catch rainwater with drainage to a cistern or
bladder. Roofs are to be constructed with overhangs to protect dwellings or structures, as
the case may be, from mid-day sun.
i. The minimum roof slope is a 1/4‖ to every 1’ of roof. These surfaces must
have minimum slope in order to facilitate rainwater collection.
ii. Rooftop solar collectors, as approved by the ERB; engineering drawings,
including, for example, reference to ventilators may be used if the roof vents are
low profile, blending into the roof materials.
iii. Plumbing and heating vents protruding from any roof area are to be
painted so as to blend into the roofing color. Electrically powered ventilators may
be used if the roof vents are low profile, blending into the roofing materials.
iv. Asphalt and gravel built up roofing on pitched surfaces and asphalt
composition shingles are prohibited.
v. Roof plan must use a minimum scale of 1/4" = 1'.
(D) Garages, Carports, Automobiles and Golf Carts
i. Garages may be used to store golf carts.
ii. Carports are prohibited.
iii. Automobiles are prohibited.
iv. Residential Lot Owners are only permitted electric powered golf carts.
v. Commercial Lot Owners may use electric golf carts.
vi Only the Association may have on-caye vehicles other than electric golf
carts (Fossil fuel powered vehicles such as tractors, ATV’s and other
contruction/commercial use related vehicles may be used for be made for building
and Contractors and other necessary services only).
vii ERB must approve all vehicles used on Long Caye
(E) Exterior Colors, Materials and Screening
i. Exterior Colors
a. All colors are to be approved by the ERB, as the case may be.
The ERB reserves the right to review any other item that may affect the
exterior appearance of a dwelling or structure.
b. The ERB will consider the aesthetic harmony of the color
schedule with the surrounding area.
ii. Exterior Materials
a. Imitation materials for facades are acceptable as long as they are
architecturally integrated with dwelling design and approved by the ERB.
b. Native materials (i.e. trees native to Belize) or renewable are
encouraged.
(F) Landscape, Irrigation and Exterior Lighting
i. Tree and Shrub Trimming and Removal

15
a. No trees will be cut or removed or transplanted from the Owner’s
Parcel or any other Private Parcel, Common Area, Preserve, or any other
portion of the Caye without approval of the ERB. No trees will be cut or
removed beyond what shall be necessary to clear the Lot for construction
of a residential or commercial dwelling or structure without ERB
approval. Trimming and/or pruning are acceptable only with ERB
approval.
ii. Landscape Materials
a. If additional landscape materials are desired they must be
specifically approved by the ERB. A list of additional landscaping
materials must be submitted to the ERB in writing.
b. No trees will be cut or removed without approval of the ERB. If
a tree is removed, the Owner will replace it with another tree acceptable to
the ERB on another portion of the Lot or Properties, or the ERB, in its sole
discretion, may approve non-replacement.
c. Final Approval of all landscape material will include (and if not,
it shall be deemed to include) the reservation of the ERB’s right to inspect
the plantings during the six (6) month period following the completion of
the landscape installation.
(G) Exterior Lighting
i. Outdoor lighting must be located so that it does not interfere with or
become a nuisance to other residents or wildlife (e.g. no exterior lights during turtle
nesting season).
ii. The light source of any exterior light must be shielded from public view.
iii. The ERB reserves the right to enforce lighting provisions from aesthetics
and an environmental standpoint after the construction of the residence or structure
is completed.
(H) Sight Distance at Intersections - All property located at street intersections or
access easement intersections shall be landscaped and improved so as to permit safe
sight across such areas. No fence, wall, hedge or shrub shall be placed or permitted
to remain where it would cause a traffic or sight problem. The Design Guidelines
may include additional sight line limitations.
(I) Definitions for ERB Procedures.
i. Applicant - the individual making the submittal to the ERB; either the Lot
Owner or an agent for the Lot Owner.
ii. Category of Review - one of the five organized areas of review criteria:
(a) Site Plan, (b) Survey, (c) Floor Plan and Elevations, (d) Exterior Materials and
Colors, and (e) Landscape. All items submitted must be organized accordingly and
show compliance with all review criteria for the Category submitted, as detailed in
the Article "Review Criteria" in order to receive final approval.
iii. Final Approval - a decision by the ERB that the item(s) reviewed have met
all criteria standards and requirements for that Category of Review. Final Approval
of both the Site Plan Category and Floor Plan & Elevations Category indicate
approval for construction commencement. No site work is allowed that pertains to
a Category of Review without receipt of plans by Applicant with a Final Approval
stamp and the decision letter.
iv. Conditional Approval - a decision by the ERB that the item(s) reviewed
meet(s) all criteria with the exception of a few minor notations. The ERB has
determined, in its sole discretion, that the item(s) may be revised and resubmitted to
the ERB Chairperson or other designated individual who may give Final Approval
upon determination of compliance with the required criterion. No work may
commence until receipt by Applicant of plans with a Final Approval stamp and the
decision letter from the ERB. Failure to receive Final Approval within the time
period allotted will result in an official decision of Denial. Dwelling additions and
rehabs may commence work provided housekeeping items are corrected within the
allotted timeframe directed by the ERB Resubmission of these plans must be
signed and sealed and the office of the ERB must write a Final Approval letter.
v. Denial - a decision by or inaction of the ERB that the item(s) reviewed are
in conflict with ERB criteria standards or insufficient in detailing the appropriate
ERB criteria. Resubmission of revised item(s) will require the payment of a
resubmission fee as noted in this document.
vi. D.O.E. - Government of Belize, Department of the Environment.
vii. Table - a decision by the ERB whereby the item(s) reviewed are not in
conflict with the criteria; however, additional information must be received either
by the ERB or applicant in addition to that otherwise required, due to unusual or
exceptional circumstances.
viii. Decision Letter - the letter from the ERB Chairperson or his or her
designee that details the ERB’s decision regarding any items reviewed by either the
ERB or its designee.
ix. Height - that distance between the ground and the highest point of the
roof.
x. Lowest Finished First Floor Elevation - that elevation of the lowest,
habitable finished floor line.
xi. Hardship – Except as more specifically provided for herein, any unusual
and extraordinary circumstances beyond the control of the Applicant that causes a

16
problem with either the construction or use of a residence, as determined in the sole
and absolute discretion of the ERB. No hardship variance can modify any
provisions of this document, without the approval of the ERB.
xii. Privacy Wall - a wall, which the purpose is to provide privacy into a
specific area of a yard or residence.
xiii. Dwelling - any structure erected for the support, enclosure, shelter,
protection or use for chattels, persons, animals and the like.
xiv. Structure - refer to the definition of "Improvement."
xv. Ground Preparation (including Demolition) - starting site preparation,
removal or alteration of landscaping, beginning alterations to or demolition of
existing Dwellings or Structures, new Dwelling construction, or commencing any
work on a Lot or site prior to ERB approval thereof.
xvi. Improvement - All Structures or artificially created conditions and
appurtenances thereto of every type and kind located on the Properties including,
without limitation, buildings, out-buildings, walkways, pipes, lighting fixtures,
light bulbs, roads, driveways, parking areas, fences, screening walls, retaining
walls, stairs, pools, landscaping, hedges, windbreakers, planting, planted trees and
shrubs, poles, signs and exterior air-conditioning and water softener fixtures or
equipment, if any, bridges, and guard bases or houses. Any man-made item or
element including, but not limited to: sculptures, statuary, decorative art objects,
urns, rock gardens, etc.
(J) Rules, Regulations and Polices of the ERB
i. Meetings - Meetings for the ERB are held monthly or as needed, unless
otherwise designated. The ERB Chairperson, as appointed by the Board of
Directors of the Association, chairs the meetings. A majority of voting ERB
members constitutes a quorum for any ERB meeting. Decisions are based on a
simple majority vote of those voting members present. Meetings may be held by
teleconference. An ERB member may designate a proxy to act as a temporary
member in his/her place; provided that, the Declarant during the Development
Period and for so long as Declarant controls the ERB thereafter approves such
designee.
ii. Construction Restrictions - No construction, demolition, modification or
alteration may be started in any manner or respect, including, for example, ground
preparation, until Final Approval and stamped plans has been received by the
Applicant for both the Site Plan Category and Floor Plan and Elevations Category.
No other category of work may be commenced without Final Approval being
received by the Applicant, except for surveying and staking. "Construction"
includes demolition of an existing Improvement and ground preparation, as defined
herein, and also includes the alteration, modification or renovation of an existing
Improvement. Reasonable extensions of time may be granted by the ERB for good
cause on payment of additional fees as provided in these Eco-Guidelines. On
failure of the Lot Owner to observe requirements as to commencement and
completion of construction, the ERB shall, in its discretion, impose Fines against
the Lot Owner as provided herein.
iii. Limitation of Liability - The standards and procedures established
pursuant to this Article are intended to provide a mechanism for maintaining and
enhancing the overall aesthetics of the Properties only, and shall not create any
duty to any Person. Review and approval of any application pursuant to this
Article is made on the basis of aesthetic considerations only and neither the
Declarant, the Association, the ERB or any member thereof shall bear any
responsibility for ensuring the structural integrity or soundness of approved
construction or modifications, the adequacy of soils or drainage, nor for ensuring
compliance with building codes and other governmental requirements nor for
ensuring that all dwellings are of comparable quality, value or size, of similar
design, or aesthetically pleasing or otherwise acceptable to neighboring Lot
Owners, or for the performance and work quality or materials and supplies used by
any Contractor, Subcontractor, or material, men or supplies. Neither the Declarant,
the Association, the Board, the ERB or any committee, or member of any of the
foregoing shall be held liable for any injury, damages, or loss arising out of the
manner or quality of approved construction on or modifications to any Lot and/or
Improvement. In all matters, the committees and their members shall be defended
and indemnified by the Association as provided in this document.
iv. Easement Releases - Review/approval does not relieve Applicants of the
responsibility to obtain required releases for any construction in easements prior to
commencement of construction.
v. Plan Preparation - All plans must be prepared by a residential designer or
an approved licensed architect. All plans must be in compliance with all
appropriate government agencies.
vi. Lot Use – Only residential or private recreational uses are allowed for a parcel
designated as a Residential Lot. However, residential Lot Owners may operate a
bed and breakfast from a residential parcel where food and beverages are available
for sale and consumption only by guests of the bed and breakfast. Lots designated
as Commercial parcels may be used for residential and commercial purposes. A
Dwelling may be constructed on more than one Lot, only with the prior written
consent of the ERB

17
vii. Review - The ERB may withhold approval, or refrain from taking any
action of any items for a Lot if there are existing ERB violations associated with
the Lot, or any other Lots owned by the Applicant, or if any other items requested
by the ERB pertaining to the Lot, or other Lots owned by the Applicant are past
due in receipt.
viii. Fines - If the ERB notifies a Lot Owner of a violation thereon of any
provision of these Eco-Guidelines, including nonpayment of Association Dues, and
such violation is not corrected within thirty (30) days after notice, then the ERB
may impose a fine in an amount up to a maximum of five hundred dollars
(US$500.00), and said fine may be re-imposed every additional sixty (60) days, or
part thereof, that said violation remains uncorrected. The ERB shall notify the
Declarant and/or the Board of Directors of the Association of such Fines, and the
Board of Directors of the Association shall have the authority to levy an Individual
Assessment for such Fines, including, without limitation, the filing and foreclosing
of a lien against the Lot and any Improvement thereon.
(K) RULES, REGULATIONS AND AGREEMENTS.
Lot Owners, builders and contractors jointly and individually assume responsibility
for observance and compliance with of all applicable rules, regulations,
requirements and agreements herein contained, as follows.
i. Accessory Structures (Other than Dwelling - As approved by the ERB)
must be located within property lines and within required setbacks. Accessory
Structures must not be located, constructed, painted or used in such manner as to
create any off-site visual, audible or aesthetic nuisance or disturbance. The ERB
shall consider height (including base or foundation structure), size, number of
objects in adjacent area, color, design, lighting (if any), material, subject and
possible interference with rights of other Lot Owners to quiet enjoyment of their
rights and properties. Accessory Structures must not create a safety hazard to
occupants or off-site Persons (e.g. neighbors). Landscaping screening or
restrictions on hours or manner of use may be considered in reviewing proposed
installation of the Accessory Structures.
ii. Maintenance; Exterior Colors: Applicable to original or repainting of
Accessory Structures, Roofs, Fences, Awnings, Screen Enclosures and any
additional or appurtenances thereto. Repainting in original colors is permitted
without application. Subject to review of neighboring parcels and other Dwellings
within Long Caye, variations and variances shall be considered or permitted if in
keeping with overall environmental impact and requirements of aesthetics for type
of structure, location, community appearance, maintenance and resale values.
Maintenance of the Accessory Structure is the responsibility of the Lot Owner. All
Dwellings, accessory and related structures shall be cleaned and maintained as in
original or subsequently approved condition so as to maintain the harmony and
aesthetic appearance of the community. Fines for non- observance of any Section
in this Article shall be imposed at the sole discretion of the ERB
iii. Satellite Dishes - Regulations cover all exterior parts of Digital Satellite
System, including satellite dish, base, mounting board, mounting brackets, wiring
and all accessory and related equipment.
a. Satellite dishes on Residential parcels may not exceed 48" in
diameter.
b. Satellite dishes must be screened from off-site view by wall,
fence, shrubs, trees or other appropriate landscaping. Any such screening
is to be maintained by the applicable Lot Owner.
c. Each application for installation is to be reviewed, at the
discretion of the ERB, on an individual basis, considering site, color,
manner of installation, location of installation, possible visual or other
nuisance, aesthetics, size and other factors.
iv. Solar Collectors and Panels. Application to include scaled roof plan
showing design, location and construction of solar panels, all elevations reflecting
accessory equipment and supply and return pipes. The ERB will consider the
appearance and aesthetic harmony of the installation, but shall not have
responsibility for its materials, structural integrity, safety, suitability for intended
use or manner of installation.
Approved Utility: If the Declarant wishes to install a solar panel on a home to
support the enabling of a third party utility provider, such access will not be
unreasonably withheld by Owner. Declarant or designee utility provider may
install solar panels on new construction (as of August 2009)
v. New Construction, Alteration, Renovation, Demolition and Ground
Preparation of Dwellings (herein termed "Construction").
a. Adjoining Lots shall be kept free of all Construction material and
refuse at all times during Construction. All materials, tools, sanitary
facilities, and other equipment related to construction must be kept on the
parcel where the work is happening and must be stored kept in a way that
does not do any environmental damage to resident flora and fauna.
b. Sanitary structures (portable composting toilets) and refuse
containers are limited to one of each located on the Construction site.
Both composting toilets and containers must be screened to provide
minimum off-site view and exposure.

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c. Building materials, refuse or Construction equipment shall not be
discarded on or in any way permitted to remain on neighboring Lots.
d. Damage to adjoining Lots is the responsibility of Lot Owner and
builder/contractor who directly or indirectly caused such damage.
e. In addition to penalties and liabilities provided by D.O.E., the
ERB may halt the construction process on a site or Lot until any violation
is corrected and any assessed Fine is paid in full.
vi. Moorings and Anchorage - Moorings will be placed only at ERB
designated mooring sites. The moorings will be used in lieu of dropping anchor
and will only be placed in areas that will have minimal impact on the marine
habitats. All moorings must be specifically approved in advance by the ERB.
Installation and approval of moorings must be done in consultation with the
Fisheries Department, Government of Belize.
vii. Seabed Protection - Propeller or jet driven watercrafts must have a
minimum of a two feet (2’) of clearance from sea bottom to prevent the scarring
and/or destruction of the marine habitats.
viii. Non-Powered Watercraft (Canoes, Row Boats, Paddle Boats, Inflatables,
Kayaks, etc.) - These watercrafts are permitted and may be temporarily beached at
designated areas so long as they do not have any negative environmental impact.
These watercrafts must be stored in an appropriate manner, so as not to disturb
community appearance.
ix. Fire Extinguishers - All dwellings and structures must have a minimum of
one (1) fire extinguisher per each 500 square feet of Dwelling.
x. Take nothing but pictures. Leave nothing but footprints. Any item(s)
found on Long Caye are to remain on Long Caye. Coral, sea fans, sponges, antique
bottles, jars, vases, conch shells, coins, jewelry, artifacts, precious metals,
antiquities, alive or dead flora must remain on Long Caye.
xi. No domestic animals will be allowed on Long Caye.
xii. Feeding Native Animals – The feeding of native animals and birds on
Long Caye is strictly prohibited.

ARTICLE VIII: ASSESSMENTS


8.1 Creation of Assessments. There are hereby created assessments for Association expenses as
may at any time and from time to time specifically be authorized by the Declarant and/or Board of Directors, to be
commenced at the time and in the manner set forth in Section 8 of this Article. There shall be four (4) types of
assessments: (a) General Assessments as described in Section 2 of this Article;; (b) Special Assessments as described in
Section 4 of this Article; (c) Benefited Assessments as described in Section 5 of this Article; and, (d) Capital
Improvement Assessments as described in Section 6 of this Article. Each Owner, by acceptance of a deed (whether or
not it shall be so expressed in such deed) or entering into a recorded contract of sale for any portion of the Properties, is
deemed to covenant and agree to pay these assessments commencing as of the date of the initial conveyance of such
Lot to an Owner or when these Eco-Guidelines are recorded, whichever shall first occur.
Assessments shall be paid in such manner and on such dates as may be fixed by the Board. Unless the Board
otherwise provides, the General Assessment and any mandatory Benefited Assessments shall be paid annually. Each
Owner, by acceptance of a deed to his or her Lot acknowledges that all General Assessments levied hereunder are
annual assessments due and payable in advance on the first day of the fiscal year; provided, the Board may permit any
assessment to be paid in two (2) semi-annual installments. If any Owner is delinquent in paying any assessments or
other charges levied on his or her Lot, the Board may revoke the privilege of paying in installments and require annual
assessments to be paid in full immediately.
No Owner may waive or otherwise exempt itself from liability for the assessments provided for herein,
including, by way of illustration and not limitation, by non-use of Common Areas, by not building a Dwelling on the
Lot or abandonment of the Lot. The obligation to pay assessments is a separate and independent covenant on the part of
each Owner. No diminution or abatement of assessment or set-off shall be claimed or allowed by reason of any alleged
failure of the Association or Board to take some action or perform some function required to be taken or performed by
the Association or Board under these Eco-Guidelines or the Memorandum, or for inconvenience or discomfort arising
from the making of repairs or improvements which are the responsibility of the Association, or from any action taken to
comply with any law, ordinance, or with any order or directive of any municipal or other governmental authority.
Property owners agree neither payment, nor non-payment that these Assessments and/or Fees to do not absolve them
from paying any fees or taxes mandated by laws of the country of Belize.
The Association is specifically authorized to enter into subsidy contracts or contracts for ―in kind‖
contribution of services or materials or a combination of services and materials with Declarant or other entities for the
payment of some portion of the Common Expenses.
8.2 Computation of General Assessments. It shall be the duty of the Board, to prepare a budget
covering the estimated Common Expenses of the Association during the coming fiscal year. General Assessments shall
be levied equally on all Lots, provided that in the event of assessments for exterior maintenance of structures, or
insurance on structures, or replacement reserves which pertain to particular structures, such assessments for the use of
particular Lots shall be levied on each of the Lots receiving the service in proportion to the service received, if so
directed by the Neighborhood in writing to the Board of Directors. Special Assessments and Benefited Assessments
shall be levied as provided in Sections 4 and 5 below, respectively. In the first years of operation the General
Assessments shall be as follows:
(a) Residential Lots. Each Residential Lot Owner will be assessed Five Hundred Belize Dollars
(BZ $500.00) per Residential Lot annually.
(b) Commercial Lots. Each Commercial Lot Owner will be assessed One Thousand Belize
Dollars (BZ $1000.00) per Commercial Lot annually
All assessments, together with interest (at a rate not to exceed the highest rate allowed by law) as computed from the
date the delinquency first occurs, late charges, costs, and attorneys’ fees and disbursements, shall be a charge on the

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land and shall be a continuing lien upon the Lot against which each assessment is made until paid in full. Each such
assessment, together with interest, late charges, costs, and reasonable attorneys’ fees and disbursements, shall also be
the personal obligation of the Person who was the Owner of such Lot at the time the assessment arose, and his or her
grantee shall be jointly and severally liable for such portion thereof as may be due and payable at the time of
conveyance, except no first Mortgagee who obtains title to a Lot pursuant to the remedies provided in the Mortgage
shall be liable for unpaid assessments which accrued prior to such acquisition of title unless otherwise required by law.
The General Assessment to be levied against each Lot for the coming year may be set at a level, which is
reasonably expected to produce total income to the Association equal to the total budgeted Common Expenses,
including any reserves. In determining the amount of the General Assessment, the Board, in its discretion, may
consider other sources of funds available to the Association. In addition, the Board shall take into account the number
of Lots subject to assessment under Section 8 of this Article on the first day of the fiscal year for which the budget is
prepared and the number of Lots reasonably anticipated becoming subject to assessment during the fiscal year. At its
option, the Board may include in the budget for the General Assessment, expenses the Association will incur for
maintenance of entry features and work within retention areas, drainage structures and drainage easements.
During the Development Period, the Declarant may annually elect to pay either (a) an amount equal to the
assessments on all unsold Lots, notwithstanding the commencement date set forth in this Article; or (b) the difference
between the amount of assessments levied on all other Lots subject to assessments and the amount of actual
expenditures by the Association during the fiscal year. Payments by the Declarant in any year shall under no
circumstances obligate the Declarant to continue such payments in future years unless otherwise provided in a written
agreement between the Association and the Declarant, and the treatment of such payment shall be made known to the
membership prior to the beginning of the applicable fiscal year. In any event, the Declarant may, but shall not be
obligated to, reduce the General Assessment for any fiscal year by payment of a subsidy and/or contributions of
services and materials, which may be treated as either a contribution or a loan, in the Declarant’s discretion. Any such
anticipated payment or contribution by the Declarant shall be disclosed as a line item in the Common Expense budget.
Notwithstanding the foregoing, however, in the event the proposed budget is disapproved or the Board fails
for any reason to determine the budget for any year, then and until such time as a budget shall have been determined as
provided herein, the budget in effect for the immediately preceding year, with adjustments for increases in real estate
taxes, insurance premiums, labor rates and utility costs, shall continue for the current year.

8.4 Special Assessments.


(a) Entire Membership/All Members. The Association may levy Special Assessments at any
time and from time to time. Any Special Assessment shall become effective unless disapproved at a meeting
by Members or Voting Delegates holding or representing, as the case may be, at least sixty-seven percent
(67%) of the total Class ―A‖ votes and, during the Development Period, the affirmative vote or written consent
of the Declarant. There shall be no obligation to call a meeting for the purpose of considering any Special
Assessment except on petition of the Members as provided for special, which petition must be presented to the
Board within twenty (20) Days after delivery of the notice of such Special Assessment. Special Assessments
pursuant to Section 4(a) of this Article shall be due and payable in such manner and at such times as
determined by the Board, and may be payable in installments extending beyond the fiscal year in which the
Special Assessment is approved, if the Board so determines.
(b) Less Than All Members. The Association may levy Special Assessments against any
Member individually and against such Member’s Lot to reimburse the Association for costs incurred in
bringing a Member and his or her Lot into compliance with the provisions of these Eco-Guidelines, any
amendments thereto, the Articles, the Memorandum, or the Association rules, which Special Assessment may
be levied upon the vote of the Board after notice to the Member.
8.5 Benefited Assessments.
(a) General. The Board of Directors shall have the power specifically to assess Lots receiving
benefits, items or services not provided to all Lots within the Properties. Expenses of the Association (1) that
are incurred upon the request of the Owner of a Lot for specific items or services relating to the Lot, or (2) that
are incurred by the Association pursuant to these Eco-Guidelines, a Supplemental Declaration, or the
Memorandum for providing specific items or services relating to or benefiting a Lot or Lots shall be
specifically assessed against the Lot or Lots benefited, in the amount of the cost of the benefit received or
according to the method of equitably assessing the Lots set forth in these Eco-Guidelines or the Memorandum.
In addition, fines levied by the Association pursuant to these Eco-Guidelines shall constitute Benefited
Assessments.
(b) Mandatory Benefited Assessments. At the time that the budget for Common Expenses is
prepared by the Board as required by Section 2 of this Article, the Board shall determine mandatory Benefited
Assessments applicable to Lots for that fiscal year. Benefited Assessments may differ depending on the type
or location of a Lot. For example, and by way of illustration and not limitation, a mandatory Benefited
Assessment may be levied against all Lots which do not contain a Dwelling for cutting vegetation and
cleaning up the unimproved Lot, and a mandatory Benefited Assessment may be levied upon Lots, which
contain a residence for services such as cable television, garbage collection, landscape maintenance, and
security monitoring.
8.6 Capital Improvements Assessment. In addition to the General Assessments, , Special Assessments
and Benefited Assessments, as authorized above, the Board may levy and collect, in any assessment year, a Capital
Improvements Assessment for the purpose of defraying, in whole or in part, the cost of any construction,
reconstruction, repair or replacement of an Improvement, or other such addition, upon the Properties, including fixtures
and personal property related thereto; provided that such Assessment in excess of the lesser of fifty thousand ($50,000)
dollars or ten percent (10%) of the total amount of the current operating budget of the Association, shall require the
vote or written assent of a Majority of the Class ―A‖ votes of the Members or Voting Delegates representing a majority
of the total Class ―A‖ votes, whichever the case may be, except in the case of an emergency, fire, or other casualty
where, in the reasonable judgment of the Board, such action is necessary to prevent further material damage or to
protect against bodily injury without taking the time necessary to obtain the approval of Members. No action
authorized in this Section 6 of this Article shall be taken without prior written consent of Declarant as long as Declarant
owns a Lot.

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8.7 Lien for Assessments. Except as provided elsewhere herein, the Declarant (and each party joining in
any supplemental declaration), for all Lots within the Properties, hereby covenants and agrees, and each Owner of any
Lot by acceptance of a deed therefore or other conveyance thereof, whether or not it shall be so expressed in such deed
or other conveyance, shall be deemed to covenant and agree, to pay to the Association annual assessments and charges
for the operation of, and for payment of expenses allocated or assessed to or through, the Association or otherwise, the
maintenance, management, operation and insurance of the Common Areas, the maintenance of exteriors of Lots as also
provided herein, including such reasonable reserves as the Association may deem necessary, Capital Improvements
Assessments, as provided for in Section 6 of this Article, Special Assessments as provided in Section 4 of this Article,
any, and all other charges and assessments hereinafter referred to or lawfully imposed by or on the Association, all such
assessments to be fixed, established and collected from time to time as herein provided.
The Declarant or Association shall have the right to file a lien against each Lot to secure payment of
delinquent assessments and other charges, as well as interest at a rate to be set by the Board (subject to the maximum
interest rate limitations of Belize law), late charges in such amount as the Board may establish (subject to the
limitations of Belize law), costs of collection and attorneys’ fees and disbursements, regardless of whether suit is filed
or not and including all levels of appeals taken therefrom). Upon recording of a notice of lien on any Lot, there shall
exist a perfected lien for unpaid and delinquent assessments, which shall bind such Lot in the hands of the then Owner,
his heirs, personal representatives, successors and assigns, and which shall be prior and superior to all other liens,
except (1) all taxes, bonds, assessments, and other levies which by law would be superior thereto, and (2) the lien or
charge of any first Mortgage of record (meaning any recorded Mortgage with first priority over other Mortgages) made
in good faith and for value. Such lien may be enforced by suit, judgment and foreclosure or any other method permitted
by applicable law. Except as otherwise provided herein to the contrary, the personal obligation of the then Owner to
pay such assessment shall pass to his successors-in-title and recourse may be had against either or both.
The Declarant, during the Development Period, or the Association, acting on behalf of the Owners, shall have
the power to bid for such a Lot at the foreclosure sale and to acquire and hold, lease, mortgage and convey the same.
During the period in which a Lot is owned by the Association following foreclosure: (a) no right to vote shall be
exercised on its behalf; (b) no assessment shall be levied on it; and (c) each other Lot shall be charged, in addition to its
usual assessment, its equal pro rata share of the assessment that would have been charged and allocated to such Lot had
it not been acquired by the Association as a result of foreclosure. Suit to recover a money judgment for unpaid
assessments, late charges, interest, costs, and attorneys’ fees and disbursements shall be maintainable without
foreclosing or waiving the lien securing the same.
The sale or transfer of any Lot shall not affect the assessment lien or relieve such Lot from the lien for any
subsequent assessments. To the extent that a first mortgage is foreclosed upon and the lien for delinquent assessments
is extinguished, the unpaid assessments and attorneys’ fees and disbursements may be deemed to be Common
Expenses collectible from Owners of all Lots subject to assessment under Section 2 of this Article, including such
acquirer, its successors and assigns.
All other Persons acquiring liens or encumbrances on any Lot after these Eco-Guidelines have been recorded
shall be deemed to consent to the fact that such liens or encumbrances shall be inferior to future liens for assessments,
as provided herein, whether or not prior consent is specifically set forth in the instruments creating such liens or
encumbrances.
8.8 Date of Commencement of Assessments. The obligation to pay assessments shall commence as to
each Lot on the date that the Lot is conveyed to a Person other than the Declarant. Declarant shall collect the pro rata
portion for the month of closing. With respect to any Lot owned by a Builder, assessments and capital contributions
shall commence and be due and payable upon the earlier of (a) actual occupancy of such Lot, excluding any period that
such Lot is being used exclusively as a model home or (b) one (1) year after conveyance of such Lot to such Builder.
The first annual General Assessment, if any, levied on each Unit shall be adjusted according to the number of days
remaining in the fiscal year at the time assessments commence on the Lot and shall be due and payable at closing or,
with respect to Builders, upon demand of the Association.
8.9 Failure to Assess. Failure of the Board to establish assessment amounts or rates or to deliver or mail
each Owner an assessment notice shall not be deemed a waiver, modification, or a release of any Owner from the
obligation to pay assessments.
8.10 Exempt Property. The following property shall be exempt from payment of assessments:
(a) All Common Area and such portions of the property owned by the Declarant as are included
in the Area of Common Responsibility pursuant to these Eco-Guidelines;
(b) Any property (or interest therein) dedicated or otherwise conveyed to and accepted by any
governmental or quasi-governmental authority or public utility; and
(c) Any property that is owned by a charitable non-profit corporation or public agency whose
permanent primary purposes includes the acquisition and preservation of open space for public benefit and
held by such agency or organization for such recreational or open space purposes.
(d) The past, present and future directors, employees and officers, as designated by the
Declarant.
8.11 Reserve Funds. The Board may, in its sole discretion, annually prepare reserve budgets for
common purposes which take into account the number and nature of replaceable assets and/or Improvements within the
Area of Common Responsibility, the expected life of each asset, and the expected repair or replacement cost. The
Board shall include in the common and Neighborhood budgets reserve amounts sufficient to meet the projected needs
of the Association. Reserve and operating funds of the Association shall not be commingled prior to the expiration of
the Development Period except that the Association may jointly invest reserve funds in accordance with Section 14 of
this Article; however, such jointly invested funds must be accounted for separately. Notwithstanding the foregoing, the
Board shall not be obligated to establish any reserve fund.
8.12 Capitalization of Association. Upon acquisition of record title to a Lot by the first Owner thereof
other than the Declarant or a Builder (except as otherwise provided herein) or upon occupancy of a Lot by a Person
other than a Builder or Declarant, a contribution may be made by or on behalf of the purchaser, occupant or Builder, if
applicable, to the working capital of the Association in an amount equal to one-third (1/3) of the annual General
Assessment per Lot for that year. This amount shall be in addition to, not in lieu of, the annual General Assessment,
and shall not be considered an advance payment of such assessment. This amount shall be collected and disbursed to
the Association at closing of the purchase and sale of the Lot to the first Owner, or if the obligation to make the capital

21
contribution arises by virtue of occupancy of a Lot by Person or a Builder owns a Unit for one (1) year, the capital
contribution shall be due and payable by such occupant or Builder, as the case may be, immediately upon demand by
the Association. The Association, both before and after the Development Period, may use the reserve funds and capital
contributions for any purpose associated with the operation of the Association, as the Board may, from time to time,
determine, including, without limitation, start-up expenses of the Association and the cost of performing any
maintenance or other work or covering operating expenses and other expenses incurred by the Association pursuant to
the Governing Documents. Each Owner acknowledges and agrees that the capital contributions are the exclusive
property of the Association, and no Owner shall have any interest, claim or right to such capital contributions or to any
funds composed thereof.
8.13 Annual Financial Reports and Budget.
(a) Budget. The Board shall prepare an annual budget as described in the Memorandum. The
budget must reflect the estimated revenues and expenses for that year and the estimated surplus or deficit as of
the end of the current year. The budget must set out separately all fees or charges for recreational amenities, if
any, whether owned by the Association, the Declarant, or another Person. The Association shall upon request
provide each Member with a copy (electronic media acceptable) of the annual budget, or may provide written
notice that a copy of the budget is available upon request at no charge to the Member. Delivery of a copy of
the budget or amended budget to each Member shall not affect the liability of any Member for any such
assessment; neither shall delivery of a copy of such budget or amended budget be considered as a condition
precedent to the effectiveness of such budget, and assessments levied pursuant thereto, and nothing herein
contained shall be construed as restricting the right of the Board, at any time and from time to time, in its
discretion, to levy additional assessments in the event that the budget originally adopted shall appear to be
insufficient to pay costs and expenses of operation and management, or in the event of emergencies.
A copy of the budget and notice of the date of the Board meeting at which the budget is to be voted
shall be delivered to all Members at least forty-five (45) Days prior to the beginning of each fiscal year. If the
budget is subsequently amended, a copy of the amended budget shall be furnished to each Member. At a
meeting scheduled at least thirty (30) Days prior to the beginning of each fiscal year, the Board shall accept
any input from the Members on the budget and shall approve the budget at this meeting for the coming fiscal
year. Such budget and assessment shall become effective unless disapproved at a meeting by Members or
Voting Delegates holding or representing, as the case may be, at least sixty-seven percent (67%) of the total
Class ―A‖ votes in the Association and, during the Development Period, by the Declarant. There shall be no
obligation to call a meeting for the purpose of considering the budget except on petition of the Members as
provided for special meetings in the Memorandum, which petition must be delivered and presented to the
Board within twenty (20) Days after delivery of the notice of assessments. If a meeting is requested,
assessments pursuant to such proposed budget shall not become effective until after such meeting is held,
provided such assessments shall be retroactive to the original effective date of the budget, if the budget is not
disapproved at such meeting.
(b) Financial Report. The Board, shall prepare an annual financial report within one hundred
twenty (120) Days after the close of the fiscal year. The Board may upon request provide each Member with a
copy of the annual financial report or a written notice that a copy of the financial report is available upon
request at no charge to the Member. The financial report must consist of financial statements presented in
conformity with generally accepted accounting principles and include the beginning and ending balances of
the Association.

8.14 Association Funds. The portion of all General Assessments collected by the Association for reserve
for future expenses, and the entire amount of all Special, and Capital Improvement Assessments, shall be held by the
Association and may be invested in interest bearing accounts or in certificates of deposit or other like instruments or
accounts available at banks or savings and loan institutions, the deposits of which are insured by an agency of the
government.
8.15 Estoppel Certificates. The Association shall, promptly after receipt of written demand, furnish to
any Owner liable for any type of assessment a certificate in writing signed by an officer of the Association setting forth
whether such assessment has been paid as to the particular Lot owned by such Owner. Such certificate shall be
conclusive evidence of payment to the Association of such assessment therein stated to have been paid. The
Association may require the advance payment of a processing fee not to exceed Fifty Dollars (U.S.$50.00) for the
issuance of each certificate.
8.16 Subordination to Lien Mortgages The lien of the assessments for which provision is herein made,
as well as in any other Section of these Eco-Guidelines, shall be subordinate to the lien of any first mortgage. Such
subordination shall apply to the assessments, which have become due and payable prior to a sale or transfer of such
property pursuant to a decree of foreclosure and in any other proceedings in lieu of foreclosure of such mortgage. No
sale or transfer shall relieve any Lot from liability from any assessment thereafter becoming due, nor from the lien of
any subsequent assessment.

ARTICLE IX: USE RESTRICTIONS


9.1 General. This Article sets out certain use restrictions that must be complied with by all Owners and
occupants of any Lot. Except for Commercial lots, the Properties shall be used exclusively for residential, recreational,
and related purposes (which may include, without limitation, model homes, sales offices for Builders, if approved, an
information center and/or a sales office for any real estate broker retained by the Declarant to assist in the sale of
property described on Exhibits ‖A‖ or ―B‖, offices for any property manager retained by the Association, business
offices for the Declarant or the Association) consistent with these Eco-Guidelines and any Supplemental Declaration.
9.2 Rules and Regulations. In addition to the use restrictions set forth in this Article, the Board may, at
any time and from time to time, without consent of the Members, promulgate, modify, or delete rules and regulations
applicable to the Properties. Such rules shall be distributed to all Owners and occupants prior to the date that they are
to become effective and shall thereafter be binding upon all Owners and occupants until and unless overruled, canceled,
or modified in a regular or special meeting by Members or Voting Delegates holding or representing, as the case may
be, a Majority of the total Class ―A‖ votes in the Association and, during the Development Period, the affirmative vote
or the written consent of the Declarant.

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9.3 Occupants Bound. All provisions of these Eco-Guidelines, Memorandum, and of any rules and
regulations, use restrictions or Design Guidelines governing the conduct of Owners and establishing sanctions against
Owners shall also apply to all occupants, guests and invitees of any Lot, even though occupants are not specifically
mentioned.
Every Owner shall cause all occupants, guests, and invitees of his or her Lot to comply with these Eco-
Guidelines, Memorandum, and the rules and regulations adopted pursuant thereto, and shall be responsible for all
violations and losses to the Common Areas caused by such occupants, guests, and invitees, notwithstanding the fact
that such occupants of a Lot are fully liable and may be sanctioned for any violation of these Eco-Guidelines,
Memorandum, and rules and regulations adopted pursuant thereto.
9.4 Leasing. A Dwelling shall not be leased or rented without the prior written approval of the Declarant
or Association and, during the Development Period, the Declarant, which approval shall not be unreasonably withheld
or denied. Subject to the Association’s approval and, during the Development Period, the Declarant’s written consent,
Dwellings may be leased for residential purposes only except in the commercial parcels. All leases shall be in writing,
be approved by the Association in accordance with its procedures, and shall provide, or be deemed to provide, that the
Association shall have the right to terminate the lease upon default by the tenant in observing any of the provisions of these
Eco-Guidelines, the Articles of Association and Memorandum of the Association, and applicable rules and regulations, or
other applicable provisions of any agreement, document or instrument governing Long Caye. The Association may deny
permission to lease any Dwelling on any reasonable grounds the Association may find.
The Association shall have the right to require of all tenants that they deposit in escrow with the Association
an amount not to exceed the maximum amount allowed under Belize law (as it may be amended from time to time),
which may be used by the Association to repair any damage to the Common Area or other property owned by the
Association resulting from acts or omissions of tenants (as determined in the sole discretion of the Association).
Regardless of whether or not expressed in the applicable lease, all Lot Owners shall be jointly and severally liable with
their tenants to the Association for any amount that is required by the Association to effect such repairs or to pay any
claim for injury or damage to property caused by the negligence of the tenant or for the acts and omissions of the
tenant(s) that constitute a violation of, or non-compliance with, the provisions of these Eco-Guidelines and of any and
all rules and regulations of the Association. All leases shall comply with and be subject to the provisions of the
Governing Documents and the same shall be deemed expressly incorporated into any lease of a Dwelling. This
Section 4 of this Article shall also apply to assignments and renewals of leases. No lease approved by the Association
shall be amended or modified without the Association’s approval; and an approval of a lease or amendment thereto
shall not release the Lot Owner, or the lessee, from the obligations under the Governing Documents or any other
agreement, document or instrument affecting the Properties.
The Association may charge a lease approval fee of $100.00, or the maximum amount permitted by law, but
no fee shall be charged in connection with the approval of an amendment, modification or extension of a previously
approved lease.
Notwithstanding anything herein contained to the contrary, the Board shall have the right to require that a
uniform form of lease be used in all approved leases. No subleasing by a lessee shall be permitted. A sublease, if
approved, shall be considered a new lease transaction for purpose of this Section 4 of this Article.
The lessee or tenant of a Dwelling, upon receipt of a written demand from the Association or its authorized
representative shall remit rental payments which may be owed to the Lot Owner/lessor directly to the Association to the
extent of any delinquencies in the assessments, and related fees and costs owed by the Lot Owner of the leased
Dwelling. The Lot Owner shall subordinate this right to rental payments in favor of the Association’s right to collect
said payments to satisfy the obligation for Assessments. In the event the Board approves a rental or lease, such
approval or rental shall not release the Lot Owner from any obligation under these Eco-Guidelines.
9.5 Residential Use. Except for those facilities related to construction, development, marketing, sales,
management and rental activities, which shall be permitted on the Properties as set forth herein, and except for the
commercial lots, Dwellings may be used only for residential purposes of a single family and for ancillary business or
home office uses. A business or home office use shall be considered ancillary so long as: (a) the existence or operation
of the activity is not apparent or detectable by sight, sound, or smell from outside the Lot; (b) the activity conforms to
all zoning requirements for the Properties; (c) the activity does not involve regular visitation of the Lot by clients,
customers, suppliers, or other invitees or door-to-door solicitation of residents of the Properties; (d) the activity does
not increase traffic or include frequent deliveries within the Properties; and (e) the activity is consistent with the
residential character of the Properties and does not constitute a nuisance, or a hazardous or offensive use, or threaten
the security or safety of other residents of the Properties, as may be determined in the sole discretion of the Board.
No other business, trade, or similar activity shall be conducted upon a Lot without the prior written consent of
the Board. The terms ―business‖ and ―trade‖, as used in this provision, shall be construed to have their ordinary,
generally accepted meanings and shall include, without limitation, any occupation, work, or activity undertaken on an
ongoing basis, which involves the provision of goods or services to persons other than the provider’s family and for
which the provider receives a fee, compensation, or other form of consideration, regardless of whether: (a) such
activity is engaged in full or part-time, (b) such activity is intended to or does generate a profit, or (c) a license is
required.
The leasing of a Dwelling shall not be considered a business or trade within the meaning of this Section 5 of
this Article. This Section 5 of this Article shall not apply to any activity conducted by the Declarant or a Builder
approved by the Declarant with respect to its development and sale of the Properties or its use of any Lots, which it
owns within the Properties, including the operation of a timeshare or similar program for which the Declarant hereby
reserves the right to develop on the Properties at any time and from time to time.
No garage sale, moving sale, rummage sale, or similar activity shall be conducted upon a Lot without the prior
written consent of the Board.
Residential parcel owners may operate a Bed and Breakfast from a residential parcel where food and
beverages are available for sale and consumption by guests of the Bed and Breakfast. The Board of Directors, subject
to approval by the Declarant during the control period, shall have the authority to determine whether a given residence
and/or structure meets the definition of a ―Bed and Breakfast.‖ Any architectural plans or proposals shall designate the
intention for a given structure to operate as a Bed and Breakfast. Any Bed and Breakfast shall comply with any design
guidelines, or other community standards as set forth in this Eco-Guidelines. Parcel Owners shall be responsible for
any damage, liability, or other violation of these eco-guidelines, or other rules or laws, which may be incurred or

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caused by their guests and/or employees. By permission to operate as a Bed and Breakfast, lot owners assume all such
responsibilities and liabilities for the actions of their guests and employees.
9.6 Occupancy of Unfinished Lots. No Dwelling erected upon any Lot shall be occupied in any manner
before commencement of construction or while in the course of construction, nor at any time prior to the Dwelling
being substantially completed. No structure of a temporary character, trailer, tent, shack, garage, barn or other building
in or on any Lot or property shall be used at any time as a residence, either temporarily or permanently.
9.7 Vehicles.
(a) Automobiles, commercial and non-commercial trucks and work vehicles such as tractors, ATVs and
other light or heavy equipment are not permitted on the Properties. Such vehicles shall be considered a
nuisance and may be removed from the Properties at the owners sole cost and expense. However, Residential
Lot Owners are only permitted to use electric powered golf carts on the Properties and Commercial Lot
Owners are permitted to use electric powered golf carts. Such golf-carts may be parked in ERB designed
areas as well as in ERB approved garages.
(b) Powered and non-powered Watercraft.
1. Powered Watercraft or Boats. Lot Owners and their guests must use the moorings for
powered watercraft and boats. The ERB shall designate where mooring sites will be placed, such sites will
have a minimal impact on the marine habitats. Such moorings must be used in lieu of dropping anchors.
Violators of this provision will be Fined by the ERB in accordance with these Eco-Guidelines and the bylaws.
Propeller or jet-driven watercrafts must have a minimum of two feet (2’) of clearance from the sea bottom to
prevent the scarring and/or destruction of the marine habitat.
2. Non-Powered Craft or Boats. For purposes of these Eco-Guidelines, non-powered
watercraft or boats shall include canoes, rowboats, paddleboats, inflatables, sailboats and kayaks. No non-
powered watercraft are permitted to be stored on the Properties except in ERB designated areas, which do not
disturb turtle nesting or other environmentally sensitive areas, on a temporary basis—that is, no more than
three (3) Days--and in areas on Lots, which are not visible from any portion of the Common Area or any other
Lot. ―Visibility‖ shall be determined by the ERB in its sole discretion.
Any powered or non-powered watercraft or boat anchored, parked or stored in violation of this
provision in excess of three (3) Days shall be considered a nuisance and may be removed from the Properties
or adjacent areas at the owner’s sole cost and expense. The Declarant and/or the Association may designate
certain areas within the Properties for such watercraft and boats subject to reasonable rules and fees, if any.
Notwithstanding anything contained in this Section to the contrary, all watercraft and boats must be any and
all licenses and permits and otherwise be compliance with all local laws, rules and regulations, and code
sections.
(c) Exception for Declarant and Builder’s Vehicles. The Declarant shall have permission to operate any
motor vehicle, including but not limited to those needed for the purposes of construction, maintenance, repair,
or other reasonably necessary purposes. Lot owners anticipating the use of motor vehicles in the construction
of any edifice or other construction on their lot shall inform the ERB upon the initial submission of all plans
for review, of those vehicles which will be needed and/or necessary.
9.8 Use of Common Area. There shall be no obstruction of the Common Area, nor shall anything be
kept, parked or stored on any part of the Common Area without the prior written consent of the Association, except as
specifically provided herein.
With the prior written approval of the Board of Directors, and subject to any restrictions imposed by the
Board, an Owner or Owners may reserve portions of the Common Area for use for a period of time as set by the Board.
Any such Owner or Owners who reserve a portion of the Common Area as provided herein shall assume, on behalf of
himself/herself/themselves and his/her/their guests, occupants and family, all risks associated with the use of the
Common Area and all liability for any damage or injury to any person or thing as a result of such use. THE
ASSOCIATION, THE DECLARANT, ITS AGENTS, ASSIGNS, EMPLOYEES, DIRECTORS AND/OR OFFICERS
SHALL NOT BE LIABLE FOR ANY DAMAGE OR INJURY TO ANY PERSON RESULTING FROM SUCH USE
UNLESS SUCH DAMAGE OR INJURY IS CAUSED SOLELY BY THE WILLFUL ACTS OF THE
ASSOCIATION, ITS AGENTS OR EMPLOYEES. ALL USERS OF COMMON AREAS DO SO AT THEIR OWN
RISK.
9.9 Animals and Pets. No domestic animals will be permitted on the Properties. No other animals,
reptiles, livestock or poultry of any kind shall be permitted to be bred or maintained for commercial purposes without
prior written Board approval. The feeding of native animals and birds on the Properties is strictly prohibited.
9.10 Nuisance. It shall be the responsibility of each Owner and occupant to prevent the development of
any unclean, unhealthy, unsightly, or unkempt condition on his or her property. No property within the Properties shall
be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an
unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing, or material be kept that
will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property.
No noxious or offensive activity shall be carried on within the Properties, nor shall anything be done tending
to cause embarrassment, discomfort, annoyance, or nuisance to any Person using any property within the Properties.
There shall not be maintained any plants or animals or device or thing of any sort whose activities or existence in any
way is noxious, dangerous, unsightly, unpleasant, illegal or of a nature as may diminish or destroy the enjoyment of the
Properties. Without limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, amplifier, or other
sound device, except such devices as may be used exclusively for security purposes or as approved by the ERB, or any
items which may unreasonably interfere with television or radio reception of any Owner shall be located, installed or
maintained upon the exterior of any Dwelling unless required by law. Any siren or device for security purposes shall
contain a device or system, which causes it to shut off automatically.
The reasonable and normal development, construction and sales activities conducted or permitted by the
Declarant shall not be considered a nuisance or a disturbance of the quiet enjoyment of any Owner or occupant.
9.11 Storage of Materials, Garbage, Dumping, Sanitary Structures, Etc. Trash and debris during
initial construction of a Dwelling shall be contained in standard size bins or other appropriate receptacles and removed
regularly from Lots and shall not be buried or covered on the Lot. Any Lot on which construction is in progress may
be policed prior to each weekend, and during the weekend all materials shall be neatly stacked or placed and any trash
or waste materials shall be removed as often as necessary to avoid offense or nuisance to Lot Owners and must be

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disposed of at an appropriate disposal site on mainland Belize at Lot Owner’s or their designee’s sole cost and expense.
Such containers, composting toilets and bins are to be located on the Lots so as to provide minimum visual off-site
exposure—that is, screened by a wall, fence or adequate landscaping so as to be concealed from the view of
neighboring pathways and property. ―Visibility‖ shall be determined by the ERB in its sole discretion. After the initial
construction period, all rubbish, trash, and garbage shall be regularly removed and shall not be allowed to accumulate.
There shall be no dumping of grass clippings, leaves or other debris; rubbish, trash or garbage; petroleum products,
fertilizers, or other toxic substance. .
Each Owner shall maintain its Lot in a neat and orderly condition throughout initial construction of a
residential dwelling and not allow trash and debris from its activities to be carried by the wind or otherwise scattered
within the Properties. Storage of construction materials on the Lot shall be subject to such conditions, rules, and
regulations as may be set forth in the Design Guidelines. Each Owner shall keep walkways, pathways, easements,
swales, berms and other portions of the Properties clear of silt, construction materials and trash from its activities at all
times. In addition, Owners shall remove trash and debris from the Unit upon reasonable notice by Declarant in
preparation for special events.
9.12 Combustible Liquid. No gas tank, gas container or gas cylinder shall be permitted to be placed on
or about the outside of any Dwelling or on or about any ancillary building, except for a reasonable amount of fuel that
may be stored in containers appropriate for such purpose on each Lot for emergency purposes and operation of tools or
equipment which are screened from view, one (1) gas cylinder (not to exceed 20 lb. capacity) connected to a barbecue
grill, and such other tank designed and used for household purposes as shall be approved by the ERB. The Association
shall be permitted to store fuel for operation of maintenance vehicles, generators and similar equipment.
9.13 Subdivision of Unit. No Lot shall be subdivided or its boundary lines changed after a subdivision
plat or master plan including such Lot has been approved and filed in the Public Records without the Declarant’s prior
written consent during the Development Period and the prior written consent of the ERB thereafter. In addition, unless
otherwise provided in the Eco-Guidelines, no lot shall be subdivided or partitioned to create more than one lot. No
alienation, transfer, demise, sale or lease of a portion of a Lot shall be permitted and any such alienation, transfer,
demise, sale or lease shall be deemed null and void. Declarant, however, hereby expressly reserves the right to replat
any Lot or Lots that it owns. Any such division, boundary line change, or replatting, however, shall not be in violation
of the applicable subdivision and zoning regulations, if any.
9.14 Drainage and Grading.
(a) Catch basins and drainage areas are for the purpose of natural flow of water only. No improvements,
obstructions or debris shall be placed in these areas. No Owner or occupant may obstruct or rechannel the drainage
flows.
(b) Each Owner shall be responsible for maintaining all drainage areas located on its Lot. Required
maintenance shall include, but shall not be limited to, maintaining ground cover in drainage areas and removing any
accumulated debris from catch basins and drainage areas.
(c) Each Owner shall be responsible for controlling the natural and man-made water flow from her Lot.
No Owner shall be entitled to overburden the drainage areas or drainage system within any portion of the Properties
with excessive water flow from her Lot. Owners shall be responsible for all remedial acts necessary to cure any
unreasonable drainage flows from Units. Neither the Association nor the Declarant bears any responsibility for
remedial actions to any Lot.
(d) No Person shall alter the grading of any Lot without prior written approval pursuant to these Eco-
Guidelines. The Declarant hereby reserves for itself and the Association a perpetual easement across the Properties for
the purpose of altering drainage and water flow. The exercise of such an easement shall not materially diminish the
value of or unreasonably interfere with the use of any Lot without the Owner’s consent.
9.15 Irrigation. Owners shall not install irrigation systems that draw upon ground or surface waters nor
from any Wetlands, or other bodies of water within the Properties. However, the Declarant and the Association shall
have the right to draw water from such sources for the purpose of irrigating the Area of Common Responsibility.
9.17 Wetlands. All areas designated on a recorded plat or master plan as ―wetlands‖ or ―preserve‖ shall
be generally left in a natural state, and any proposed alteration of the wetlands or preserves must be in accordance with
any restrictions or covenants recorded against such property and be approved by all appropriate regulatory bodies.
Prior to any alteration of a Lot, the Owner shall determine if any portion thereof meets the requirements for designation
as a regulatory wetland. No Wetlands , may be dammed, or the water therefrom impounded, diverted, or used for any
purpose without the prior written consent of the Board, except that the Declarant shall have such rights as provided
herein. Notwithstanding anything contained in this Section 17 to the contrary, the Declarant, the Association, and the
successors, assigns, affiliates and designees of each may conduct such activities as have been or may be permitted by
the Department of the Environment (the ―DOE‖) or any successor thereof responsible for the regulation of wetlands.
Any alternation of areas designated as Wetlands and/or Preserve must be approved by the Department of the
Environment and the Forest Department, in addition to any other appropriate regulatory body of the Government of
Belize.
9.18 Use and Preservation of the Wetlands. Each Owner acknowledges that each and any Wetland
significantly benefits all owners of property which abut such Wetlands. It is the intent of this provision to provide for
the preservation of such water bodies in their natural clean and pristine condition. To this end, no owner of any
property abutting a Wetland shall take any action, including, but not limited to, polluting the Wetland or other water
body by adding chemicals or detergent, placing debris therein, or taking or failing to take any action which would
detrimentally affect the condition of the Wetland or other water body. Each owner of property abutting Wetlands
covenants to and agrees with the other such owners that he or she will take no action to increase the amount of siltation
entering the Wetland or to reduce or raise the level of the Wetland and will take all necessary actions to preserve the
Wetland at its present level and in its pristine condition. In addition, such property owners shall refrain from any
actions, which would erode or damage the shoreline of such water bodies.
No swimming, power boating, jet skiing, or water skiing, or any recreational activity that may adversely affect
the environment and Wetlands, as determined from time to time by the Board and the Declarant, shall be permitted on
or in the Wetlands. The Board may adopt additional rules regarding the use of the Wetlands at any time and from time
to time.
No boathouse, docks (floating or otherwise), wharf, pier or other structure of any kind shall be erected, placed,
altered or maintained on the shores of the Wetlands unless erected or caused to be erected by the Declarant, subject to

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any and all governmental approvals and permits that may be required. No trails or pathways shall be established along
the perimeter of the Wetlands, unless done so by the Declarant. In addition, no building, fence, wall, garage, carport,
outbuilding or other structure of any nature (regardless of whether or not same are permanently attached to the land or
to other Improvements) shall be constructed, placed, or maintained within ten (10) feet of the elevation level of the
Wetland or any other water body.
Neither the Association, the original Declarant, nor any successor Declarant shall be held liable for any loss or
damage by reason of use of any of the Wetlands for any purpose by Owners, their invitees, licensees, and tenants and
each of their respective invitees, licensees and sub-tenants. Each Owner acknowledges, understands and covenants to
inform its tenants and all occupants of its Dwelling that the Association, its Board of Directors, ERB and committees,
Declarant, and any successor Declarant are not insurers and that any Person using any Wetland for any purpose
whatsoever are in violation of these Eco-Guidelines as these Eco-Guidelines prohibit any usage of any Wetland on the
Properties or any portion thereof. Each Person assumes all risks of personal injury, and loss or damage to real, personal
or mixed property, including Dwellings, resulting from or associated with use (or non-use) of theWetlands.
9. 19 Notices and Disclaimers as to Water Bodies. NEITHER DECLARANT, ERB, MC,
ASSOCIATION NOR ANY OF THEIR OFFICERS, DIRECTORS, COMMITTEE MEMBERS, EMPLOYEES,
MANAGEMENT AGENTS, CONTRACTORS OR SUBCONTRACTORS (COLLECTIVELY, THE ―LISTED
PARTIES‖) SHALL BE LIABLE OR RESPONSIBLE FOR MAINTAINING OR ASSURING THE SAFETY,
WATER QUALITY OR WATER LEVEL OF/IN ANY WETLAND, LAKE, POND, BAY, LAGOON, CANAL,
CREEK, STREAM, OR OTHER WATER BODY WITHIN THE PROPERTIES, EXCEPT AS SUCH
RESPONSIBILITY MAY BE SPECIFICALLY IMPOSED BY, OR CONTRACTED FOR WITH, AN APPLICABLE
GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY OR AUTHORITY. FURTHER, NONE OF THE
LISTED PARTIES SHALL BE LIABLE FOR ANY PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH
OCCURRING IN, OR OTHERWISE RELATED TO, ANY WATER BODY, ALL PERSONS USING SAME WILL
BE IN VIOLATION OF THESE ECO-GUIDELINES AND IN ANY EVENT SHALL BE DOING SO AT THEIR
OWN RISK.
ALL OWNERS AND OCCUPANTS OF ANY PORTION OF THE PROPERTIES LOCATED ADJACENT
TO OR HAVING A VIEW OF ANY OF THE AFORESAID WATER BODIES SHALL BE DEEMED, BY VIRTUE
OF THEIR ACCEPTANCE OF THE DEED TO OR USE OF SUCH LOT, TO HAVE AGREED TO RELEASE AND
HEREBY INDEMNIFY AND HOLD THE LISTED PARTIES HARMLESS FROM AND AGAINST ALL CLAIMS
FOR ANY AND ALL CHANGES IN THE QUALITY AND LEVEL OF THE WATER IN SUCH BODIES.
ALL PERSONS ARE HEREBY NOTIFIED FROM TIME TO TIME REPITLES AND OTHER WILDLIFE
MAY HABITAT ON OR ENTER INTO WATER BODIES WITHIN OR NEARBY THE PROPERTIES AND MAY
POSE A THREAT TO PERSONS, PETS AND PROPERTY, BUT THAT THE LISTED PARTIES ARE UNDER NO
DUTY TO PROTECT AGAINST AND DO NOT IN ANY MANNER WARRANT OR INSURE AGAINST ANY
DEATH, INJURY OR DAMAGE CAUSED BY SUCH WILDLIFE.
9.20 Conservation Area. All portions of the Properties subject to the Conservation Easement shall be
known as ―conservation areas‖ and shall be generally left in their natural state. Any proposed alteration of a
conservation area, including the removal of fallen limbs, dead trees or other natural debris, shall require the written
consent of the ERB and, during the Development Period, the written consent of the Declarant.
9.22 Power Transformers and other Utility Service. No power transformers, generators and other
utility service equipment shall be permitted on the Properties unless such transformers’, generators’ or equipment’s
exposure to visibility is shielded by enclosures of wood, masonry or landscaping, as approved by the ERB. No
building or structure shall have any aluminum foil placed in any window or glass door or any reflective substance or
other materials (except standard window treatments) placed on any glass, except as may be approved by the ERB for
energy conservation purposes.
9.26 Helicopter and Aircraft Pads. No helicopter or aircraft pads shall be permitted on the Lots.
However, helicopter or aircraft pads may be maintained by the Declarant or the Association on the Common Area.
9.28 Firearms. The possession or discharge of firearms, fireworks, and firecrackers within the Properties
is prohibited. The term ―firearms‖ includes ―BB‖ guns, pellet guns, and other firearms of all types, regardless of size.
The Board may impose fines and exercise other enforcement remedies as set forth in these Eco-Guidelines, but shall
have no obligation to exercise self-help to prevent or stop any such discharge.
9.29 Signs. No sign of any kind including, without limitation, ―for sale‖ or ―for rent‖ shall be erected,
placed upon or within a Lot by an Owner or occupant without the prior written consent of the ERB, except such signs
as may be required by legal proceedings.
9.30 Laws and Ordinances. Every Owner and occupant of any Dwelling, their guests and invitees, shall
comply with all laws, statutes, ordinances and rules of National, local and municipal governments applicable to the
Properties and any violation thereof may be considered a violation of these Eco-Guidelines; provided, the Board shall
have no obligation to take action to enforce such laws, statutes, ordinances and rules.

ARTICLE X: EASEMENTS
Declarant reserves, creates, establishes, promulgates, and declares the non-exclusive, perpetual easements set forth
herein for the enjoyment of the Declarant, the Association, the Members, and the Owners, and their successors-in-title.
10.1 Easements of Encroachment. Declarant reserves, creates, establishes, promulgates and declares
non-exclusive, perpetual, reciprocal, appurtenant easements of encroachment, and for maintenance and use of any
permitted encroachment, between adjacent Lots and between each Lot and any adjacent Common Area due to the
unintentional placement or settling or shifting of the Improvements constructed, reconstructed, or altered thereon (in
accordance with the terms of these restrictions) to a distance of not more than three feet (3’), as measured from any
point on the common boundary along a line perpendicular to such boundary. However, in no event shall an easement
for encroachment exist if such encroachment occurred due to willful and knowing conduct on the part of, or with the
knowledge and consent of, the Person claiming the benefit of such easement.
10.2 Easements for Utilities, Etc.
(a) Declarant reserves, creates, establishes, promulgates and declares non-exclusive, perpetual,
reciprocal, appurtenant easements, for itself during the Development Period, for the Association, and the
designees of each (which may include, without limitation, any governmental or quasi-governmental entity and
any utility company) perpetual non-exclusive easements upon, across, over, and under all of the Properties

26
(but not through a structure) to the extent reasonably necessary for the purpose of installing, constructing,
monitoring, replacing, repairing, maintaining, operating and removing cable, digital or similar television
systems, master television antenna systems, and other devices for sending or receiving data and/or other
electronic signals; security and similar systems; pathways, walkways, and trails; wetlands, and other bodies of
water; irrigation and drainage systems; street lights and signage; and all utilities, including, but not limited to,
water, sewer, telephone, gas, and electricity, and utility meters; and an easement for access of golf cart and
pedestrian traffic over, across, and through the Properties, as necessary, to exercise the easements described
above, to the extent permitted by law and the DOE.
(b) Declarant reserves, creates, establishes, promulgates and declares for itself during the
Development Period and its designees non-exclusive, perpetual, reciprocal, appurtenant easements, the
non-exclusive right and power to grant such specific easements as may be necessary, in the sole discretion of
Declarant, in connection with the orderly development of any property described on Exhibits ‖A‖ or ―B‖.
(c) Any damage to a Lot resulting from the exercise of the easements described in this Article X
shall promptly be repaired by, and at the expense of, the Person exercising the easement. The exercise of these
easements shall not extend to permitting entry into the structures on any Lot, nor shall it unreasonably
interfere with the use of any Lot, and except in an emergency, entry onto any Lot shall be made only after
reasonable notice to the Owner or occupant, if present on the lot.
(d) Declarant reserves unto itself the right, in the exercise of its sole discretion, upon the request
of any Person holding, or intending to hold, an interest in the Properties, or at any other time, (i) to release all
or any portion of the Properties from the burden, effect, and encumbrance of any of the easements granted or
reserved under this Section, or (ii) to define the limits of any such easements.
10.3 Easements to Serve Additional Property. The Declarant reserves, creates, establishes,
promulgates and declares non-exclusive, perpetual, reciprocal, appurtenant easements for itself and its duly authorized
successors and assigns, including without limitation, successors-in-title, agents, representatives, and employees,
successors, assigns, licensees, and mortgagees, an easement over the Common Area for the purposes of enjoyment, use,
access, and development of the Additional Property, whether or not such property is made subject to these Eco-
Guidelines. This easement includes, but is not limited to, a right of ingress and egress over the Common Area for
construction of elevated pathways and walkways, roads, for the posting of permissible signs, and for connecting and
installing permitted utilities serving the Additional Property. Declarant agrees that it and its successors or assigns shall
be responsible for any damage caused to the Common Area as a result of vehicular traffic connected with development
of the Additional Property.
10.4 Easement for Entry. Declarant reserves, creates, establishes, promulgates and declares non-
exclusive, perpetual, reciprocal easements for the Association to enter upon any Lot for emergency, security, or safety
reasons. Such right may be exercised by any member of the Board, the Association’s officers, committee members,
agents, employees and managers of the Association, and by any emergency personnel, if any, in the performance of
their duties. Except in emergencies, entry onto a Lot shall be only during reasonable hours and after notice to and
permission from the Owner, if residing on the property. This easement includes the right to enter any Lot to cure any
condition which may increase the possibility of fire, slope erosion, immediate risk of personal injury, or other hazard if
an Owner fails or refuses to cure the condition within a reasonable time after request by the Board, but shall not
authorize entry into any Dwelling without permission of the Owner, except by emergency personnel acting in their
official capacities. Entry under this Section 4 of Article 10 shall not constitute a trespass.
10.5 Easements for Maintenance and Enforcement. Declarant reserves, creates, establishes,
promulgates and declares non-exclusive, perpetual, reciprocal easements for the Association to enter all portions of the
Properties, including each Lot, to (a) perform its maintenance responsibilities under this Declaration, and (b) make
inspections to ensure compliance with the Governing Documents. Except in emergencies, entry onto a Lot shall be
only during reasonable hours. This easement shall be exercised with a minimum of interference to the quiet enjoyment
to Owners’ property, and the Association at its expense shall repair any damage. Entry under this Section 5 of
Article 10 shall not constitute a trespass.
The Association also may enter a Lot to abate or remove, using such measures as may be reasonably
necessary, any structure, thing or condition which violates the Governing Documents. All costs and expenses incurred
or suffered, including reasonable attorneys’ fees and disbursements, may be assessed against the violator as a Special or
Benefited Assessment.
10.6 Easement for Use of Wetlands. Declarant reserves, creates, establishes, promulgates and declares
for itself and its successors, assigns, and designees, which may include, but shall not be limited to, the Association or
any other Adjacent Property, the nonexclusive, perpetual, appurtenant right and easement, but not the obligation, to
enter upon the Wetlands located within or adjacent to the Properties to (a) draw water from such sources for purposes
of irrigation; (b) construct, maintain, and repair any bulkhead, wall, dam, berm or other structure retaining water; and
(c) remove trash and other debris therefrom and otherwise maintain such Wetlands. The Declarant and its designees
shall have an access easement over and across any of the Properties abutting or containing any portion of any Wetland
to the extent reasonably necessary to exercise their rights under this Section 6 of Article X.
Declarant further reserves, creates, establishes, promulgates and declares for itself and its successors, assigns
and designees, which may include, but shall not be limited to, the Association or any other Adjacent Property, the non-
exclusive, perpetual, appurtenant right and easement of access and encroachment over the Common Area and Lots (but
not the Dwellings thereon) adjacent to or within twenty (20) feet of Wetlands in order to (a) temporarily flood and back
water upon and maintain water over such portions of the Properties; (b) fill, drain, dredge, deepen, clean, fertilize, dye,
and generally maintain the Wetlands; (c) maintain and landscape the slopes and banks pertaining to such Wetlands;
(d) disturb existing landscaping; and (e) pile dirt and plant materials. All Persons entitled to exercise these easements
shall use reasonable care in, and repair any damage resulting from, the intentional exercise of such easements. All
affected areas shall be restored to a neat and attractive condition to the extent practical, as soon as reasonably possible
after completion of any construction or maintenance activities authorized in these Eco-Guidelines. Nothing herein shall
be construed to make Declarant or any other Person liable for damage resulting from flooding due to heavy rainfall or
other natural disasters, nor for maintaining, increasing or decreasing the water level within any Wetland, nor for
removing vegetation from any Wetland.
All Owners, including the Wetland Owners, acknowledge that the term ―Wetland‖ as defined herein refers
only to that portion of the body of water, if any, which is located within the Properties, and which is subject to these

27
Eco-Guidelines. Neither the Declarant nor the Association represent or guarantee that the Owners, including the
Wetland Owners, are entitled to or may use any portion of this body of water that is located outside the boundaries of
the Properties.
Under no circumstances shall the Association or the Declarant be held liable for any damage or injury
resulting from the exercise of the easements granted in this Article 10.
10.7 Lateral Support. Declarant reserves, creates, establishes, promulgates and declares non-exclusive,
perpetual, reciprocal, appurtenant easements over every portion of the Common Area, every Lot, and any
Improvement, which contributes to the lateral support of another portion of the Common Area or of another Lot shall
be burdened with an easement for lateral support, and each shall also have the right to lateral support which shall be
appurtenant to and pass with title to such property.
10.8 Easement for Special Events. Declarant reserves, creates, establishes, promulgates and declares for
itself, its successors, assigns and designees a perpetual, non-exclusive reciprocal, appurtenant easement over the
Common Area for the purpose of conducting or allowing its designees to conduct educational, cultural, entertainment,
promotional or sporting events, and other activities of general community interest at such locations and times as
Declarant, in its sole discretion, deems appropriate. Each Owner, by accepting a deed or other instrument conveying
any interest in a Lot, acknowledges and agrees that the exercise of this easement may result in a temporary increase in
traffic, noise, gathering of crowds, and related inconveniences, and each Owner agrees on behalf of itself and the
occupants of its Dwelling to take no action, legal or otherwise, which would interfere with the exercise of such
easement or to recover damages for or as the result of any such activities.
10.9 Drainage Swale Easement. Declarant hereby reserves for itself and the Association a perpetual
easement across the Properties for the purpose of causing each Lot to comply with this Section and nothing in this
Section shall limit the rights of Declarant pursuant to these Eco-Guidelines.
10.10 Rights to Stormwater Runoff, Effluent and Water Reclamation. Declarant hereby reserves for
itself and its successors, assigns and designees, which may include, but shall not be limited to, the Association or any
other Adjacent Property, all rights to formally approve any project relating to ground water, surface water, and storm
water runoff located or produced within the Properties except for such storm water runoff that comes from the
Dwelling on any Lot, and each Owner agrees, by acceptance of a deed to a Lot, that Declarant shall retain all such
rights of approval. Such right shall include an easement over the Properties for access, and for installation and
maintenance of facilities and equipment to capture and transport such water and runoff, including but not limited to
wells. Because the rights to ground and surface waters pertains to the Government of Belize and as such, a License of
Abstraction from the Ministry of Natural Resources is required for any approved project relating to ground, surface or
storm water. Under no circumstances shall the Association or the Declarant be held liable for any damage or injury
resulting from the exercise of the easements granted in this Section 10 of Article X.
10.11 Easement for Improvements. The Declarant and its employees, agents and designees shall also
have a right and easement over and upon each and every Lot, the boundary line or lines of which form a portion of the
perimeter of the Properties for the purpose of constructing and installing a fence or wall along all or a portion of the
perimeter of the Properties, if deemed appropriate by the Declarant, in its sole discretion.
10.12 Liability for Use of Easements. No Owner shall have a claim or cause of action against the
Declarant, its successors or assigns, arising out of the exercise or non-exercise of any easement reserved hereunder or
shown on any subdivision plat or master plan for the Properties, except in cases of willful or wanton misconduct.
10.13 Non-Merger. Notwithstanding the fact that Declarant is the current owner of the Properties, it is
the express intention of Declarant that the easements established in these Eco-Guidelines for the benefit of the
Properties and Owners shall not merge into the fee simple estate of individual Lots conveyed by Declarant or its
successor, but that the estates of the Declarant and individual Lot Owners shall remain as separate and distinct estates.
Any conveyance of all or a portion of the Properties shall be subject to the terms and provisions of these Eco-
Guidelines, regardless of whether the instrument of conveyance refers to these Eco-Guidelines.
10.14 Grants. The parties hereby declare that these Eco-Guidelines, and the easements created herein
shall be and constitute covenants running with the fee simple estate of the Properties. The grants of easements in these
Eco-Guidelines are independent of any covenants and contractual agreements undertaken by the parties in these Eco-
Guidelines and a breach by either party of any such covenants or contractual agreements shall not cause or result in a
forfeiture or reversion of the easements granted in these Eco-Guidelines.

ARTICLE XI: MORTGAGEE PROVISIONS


The following provisions are for the benefit of holders, insurers and guarantors of first Mortgages on Lots in the
Properties. The provisions of this Article apply to both these Eco-Guidelines and to the Memorandum, notwithstanding
any other provisions contained herein or therein to the contrary.
11.1 Notices of Action. A holder, insurer, or guarantor of a first Mortgage who provides a written request
to the Association (such request to state the name and address of such holder, insurer, or guarantor and the street
address or lot number and name of the particular Neighborhood of the Lot to which its Mortgage relates, thereby
becoming an ―Eligible Holder‖), will be entitled to timely written notice of:
(a) Any loss or any casualty loss which affects a material portion of the Properties or which
affects any Lot on which there is a first Mortgage held, insured, or guaranteed by such Eligible Holder;
(b) Any delinquency in the payment of assessments or charges owed by a Lot Owner subject to
the Mortgage of such Eligible Holder, where such delinquency has continued for a period of sixty (60) Days,
or any other violation of these Eco-Guidelines or Memorandum relating to such Lot or the Owner or occupant
which is not cured within sixty (60) Days;
(c) Any lapse, cancellation, or material modification of any insurance policy maintained by the
Association.
11.2 No Priority. No provision of these Eco-Guidelines or the Memorandum gives or shall be construed
as giving any Owner or other party priority over any rights of the first Mortgagee of any Lot in the case of distribution
to such Owner of insurance proceeds or other awards for losses to or a taking of the Common Area.
11.3 Notice to Association. Upon request, each Owner shall be obligated to furnish to the Association
the name and address of the holder of any Mortgage encumbering such Owner’s Unit.
11.4 Failure of Mortgagor to Respond. Any Mortgagor who receives a written request from the Board
to respond or consent to any action shall be deemed to have approved such action if the Association does not receive a

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written response from the Mortgagor within thirty (30) Days of the date of the Association’s request, provided such
request is delivered to the Mortgagor by certified or registered mail, return receipt requested.
11.5 Construction of Article XI. Nothing contained in this Article shall be construed to reduce the
percentage vote that must otherwise be obtained under these Eco-Guidelines, Memorandum, or Belize Law for any of
the acts set out in this Article.

ARTICLE XII: DECLARANT’S RIGHTS


12.1 Transfer or Assignment. Any or all of the special rights and obligations of the Declarant set forth
in the Governing Documents may be transferred or assigned in whole or in part to the Association or to other Persons,
provided that the transfer shall not reduce an obligation nor enlarge a right beyond that which the Declarant has under
these Eco-Guidelines or the Memorandum. Upon any such transfer, the Declarant shall be automatically released from
any and all liability arising with respect to such transferred rights and obligations. No such transfer or assignment shall
be effective unless it is in a written instrument signed by the Declarant and duly recorded in the Public Records.
12.2 Development and Sales. The Declarant and Builder(s) authorized by Declarant or the ERB, as the
case may be, may maintain and carry on the Properties such activities as, in the sole opinion of the Declarant, may be
reasonably required, convenient, or incidental to the development of the Properties and/or the construction or sale of
Lots, such as sales activities, tournaments, charitable events, and promotional events, and restrict Members from using
the Common Area during such activities. Such activities shall be conducted in a manner to minimize (to the extent
reasonably possible) any substantial interference with the Members’ use and enjoyment of the Common Area. In the
event that any such activity necessitates exclusion of Owners from Common Areas, such activities shall not exceed
seven (7) consecutive Days.
In addition, the Declarant and Builders authorized by Declarant or the ERB, as the case may be, may establish
within the Properties, such facilities as, in the sole opinion of the Declarant, may be reasonably required, convenient, or
incidental to the development of the Properties and/or the construction or sale of Lots, including, but not limited to,
business offices, signs, model units, tents, sales offices, sales centers and related facilities. During the Development
Period, Owners may be excluded from use of all or a portion of such facilities in the Declarant’s sole discretion. The
Declarant and authorized Builders shall have easements over the Properties for access, ingress, egress and use of such
facilities.
Declarant may permit the use of any facilities situated on the Common Area by Persons other than Owners
without the payment of any use fees.
12.3 Improvements to Properties. The Declarant and its employees, agents and designees shall have a
right and easement over and upon all of the Common Area for the purpose of making, constructing and installing such
Improvements to the Common Area as it deems appropriate in its sole discretion.
12.4 Additional Covenants. During the Development Period, no Person shall record any declaration of
covenants, conditions and restrictions, declaration of condominium, easements, or similar instrument affecting any
portion of the Properties without Declarant’s review and written consent. Any attempted recordation or recordation of
such a document without such written consent of the Declarant shall result in such instrument being void and of no
force and effect unless subsequently approved by written consent signed by the Declarant and recorded in the Public
Records. No such instrument recorded by any Person, other than the Declarant pursuant to these Eco-Guidelines, may
conflict with these Eco-Guidelines, Memorandum or Articles.
12.5 Community Systems. ―Community Systems‖ shall mean and refer to any and all cable television,
telecommunication, data transfer systems, energy systems, alarm/monitoring or other lines, conduits, wires, amplifiers,
towers, antennae equipment, materials, installations and fixtures (including, for example, those based on, containing or
serving future technological advances not now known) installed by or at the request of Declarant or pursuant to any
grant of easement or authority by Declarant within the Properties and serving more than one Lot. Declarant shall have
the right, but not the obligation, to convey, transfer, sell or assign all or any portion of the Community Systems located
or to be located, if ever, within the Properties, or all or any portion of the rights, duties, or libations with respect thereto
to the Association or any other Person, including for example, an Owner, as to any portion of the Community System
located on/in his or her Lot). If and when any of the aforesaid Persons receives such a conveyance, sale, transfer or
assignment, such entity shall automatically be deemed vested with such rights of Declarant with regard thereto as are
assigned by Declarant in connection therewith; provided, however, that if the Association is the applicable Person, then
any Community Systems or portions thereof shall be deemed to be Common Areas unless otherwise provided by the
Declarant. Any conveyance, transfer, sale or assignment made by Declarant pursuant to this Section (i) may be made
with or without consideration; (ii) shall not require the consent or approval of the Association or any Owner; and (iii) if
made to the Association, shall be deemed to have been automatically accepted (with all rights, duties, obligations and
liabilities with respect thereto being deemed to have been automatically assumed).
In recognition of the intended increased effectiveness and potentially decreased installation and
maintenance costs and user fees arising from the connection of all Lots in the Properties to the applicable Community
Systems, each Owner and occupant of a Lot shall by virtue of the acceptance of the deed or other right of occupancy
thereof, be deemed to have consented to and ratified any and all agreements to which the Association is a party, which
is based upon (in terms of pricing structure or otherwise) a requirement that all Lots be so connected. The foregoing
shall not, however, prohibit the Association from making exceptions to any such one hundred percent (100%) use
requirement in its reasonable discretion.
WITH RESPECT TO COMMUNITY SYSTEMS, ALL PERSONS ARE REFERRED TO SECTION 13,
ARTICLE X HEREOF, WHICH SHALL AT ALL TIMES APPLY TO THIS SECTION.
12.6 Amendments. Notwithstanding any contrary provision of these Eco-Guidelines, no amendment to
or modification of any use restrictions and rules or Design Guidelines made after termination of the Class ―B‖
membership shall be effective without prior notice to and the written consent of the Declarant. This Article may not be
amended without the written consent of the Declarant. The rights contained in this Article 12 shall terminate upon the
earlier of (a) twenty (20) years from the date these Eco-Guidelines are recorded, or (b) upon recording by Declarant of
a written statement that all sales activity on the Properties has ceased.

ARTICLE XIII: GENERAL PROVISIONS


13.1 Term. The covenants and restrictions of these Eco-Guidelines shall run with and bind the
Properties, and shall inure to the benefit of and shall be enforceable by the Association or the Owner of any property,

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including Declarant, subject to theses Eco-Guidelines, their respective legal representatives, heirs, successors and
assigns, for a term of fifty (50) years from the date these Eco-Guidelines is recorded, after which time they shall be
automatically extended for successive periods of ten (10) years.
13.2 Termination. Unless otherwise provided by Belize law, and notwithstanding the provisions
contained in Article 13, Section 1 to the contrary, these Eco-Guidelines may be terminated within the first twenty (20)
years after the date of recording by an instrument signed by Owners of at least ninety percent (90%) of the total Lots
within the Properties, which instrument is recorded in the Public Records; provided however, regardless of the
provisions of Belize law, these Eco-Guidelines may not be terminated during the Development Period without the prior
written consent of the Declarant. After twenty (20) years from the date of recording of these Eco-Guidelines, and
notwithstanding the provisions contained in Article 13, to the contrary, these Eco-Guidelines may be terminated only
by an instrument signed by Owners owning at least seventy-five percent (75%) of the Lots and constituting at least
seventy five percent (75%) of the total number of Owners, and by the Declarant, if the Declarant owns any portion of
the Properties, which instrument is recorded in the Public Records. Nothing in this Section shall be construed to permit
termination of any easement created in these Eco-Guidelines without the consent of the holder of such easement.
13.3 Amendment.
(a) By Declarant. Until termination of the Class ―B‖ membership, Declarant may unilaterally
amend these Eco-Guidelines for any purpose, providing such amendment has been submitted to and approved
by the Department of the Environment.. Thereafter, the Declarant may unilaterally amend these Eco-
Guidelines at any time and from time to time if such amendment is necessary (i) to bring any provision of
these Eco-Guidelines into compliance with any applicable governmental statute, rule, regulation, or judicial
determination; (ii) to enable any reputable title insurance company to issue title insurance coverage on the
Lots; (iii) to enable any institutional or other lender, purchaser, insurer or guarantor of Mortgage loans,
including, for example, the Declarant or its affiliated or related entities, the Federal National Mortgage
Association or Federal Home Loan Mortgage Corporation, to make, purchase, insure or guarantee Mortgage
loans on the Lots; or (iv) to satisfy the requirements of any local, regional or national governmental agency.
However, any such amendment shall not adversely affect the title to any Lot unless the Owner shall consent in
writing. In addition, during the Development Period, Declarant may unilaterally amend these Eco-Guidelines
for any other purpose, provided the amendment has no material adverse effect upon any right of any Owner
and these Eco-Guidelines comply with the Environmental Compliance Plan promulgated by the DOE.
(b) By the Board. The Board shall be authorized to amend these Eco-Guidelines
without the consent of the Members to correct scriveners’ errors and other mistakes of fact, provided that
amendments under this provision have no material adverse effect on the rights of the Owners; provided
further, these Eco-Guidelines continue to comply with the Environmental Compliance Plan promulgated by
the DOE. During the Development Period, any such amendment to these Eco-Guidelines shall require the
written consent of the Declarant.
(c) By Members. Except as otherwise specifically provided above and elsewhere in
these Eco-Guidelines, these Eco-Guidelines may be amended only by the affirmative vote or written consent,
or any combination thereof, of Members holding at least sixty-seven percent (67%) of the total Class ―A‖
votes or Voting Delegates representing a total of sixty-seven percent (67%) of the Class ―A‖ votes in the
Association, including sixty-seven percent (67%) of the Class ―A‖ votes held by Members other than the
Declarant, and, during the Development Period, the written consent of the Declarant.
Notwithstanding the above, the percentage of votes necessary to amend a specific Article, Section or
paragraph shall not be less than the prescribed percentage of affirmative votes required for action to be taken
under that Article, Section or paragraph.
(d) Validity and Effective Date. Any amendment to these Eco-Guidelines shall become
effective upon recordation in the Public Records, unless a later effective date is specified in the amendment.
Any procedural challenge to an amendment must be made within six (6) months of its recordation or such
amendment shall be presumed to have been validly adopted. In no event shall a change of conditions or
circumstances operate to amend any provisions of these Eco-Guidelines. No amendment may remove, revoke,
or modify any right or privilege of the Declarant or the Class ―B‖ Member without the written consent of the
Declarant, the Class ―B‖ Member, or the assignee of such right or privilege.
If an Owner consents to any amendment to these Eco-Guidelines or the Memorandum, it will be
conclusively presumed that such Owner has the authority to consent, and no contrary provision in any
Mortgage or contract between the Owner and a third party will affect the validity of such amendment.
13.4 Severability. Invalidation of any provision of these Eco-Guidelines, in whole or in part, or any
application of a provision of these Eco-Guidelines by judgment or court order shall in no way affect all other provisions
or applications, and such provisions and applications shall remain in full force and effect.
13.5 Dispute Resolution. It is the intent of the Association and the Declarant to encourage the amicable
resolution of disputes involving the Properties and to avoid the emotional and financial costs of litigation if at all
possible. Accordingly, the Association, the Declarant and each Owner covenants and agrees that it shall, as a condition
precedent to any claim or lawsuit, attempt to resolve all claims, grievances or disputes involving the Properties,
including, without limitation, claims, grievances or disputes arising out of or relating to the interpretation, application
or enforcement of the Governing Documents through alternative dispute resolution methods, such as mediation and
arbitration in Belize. To foster the amicable resolution of disputes, the Board may adopt alternative dispute resolution
procedures.
Participation in alternative dispute resolution procedures shall be confidential. Should either party conclude
that such discussions have become unproductive or unwarranted, then the parties may proceed with litigation in Belize.
13.6 Litigation. Except as provided below, no judicial or administrative proceeding shall be commenced or
prosecuted by the Association unless approved by a vote of Members holding seventy-five percent (75%) of the total
Association vote. This Section 6 of Article XIII shall not apply, however, to (a) actions brought by the Association to
enforce the provisions of the Governing Documents (including, without limitation, the foreclosure of liens); (b) the
imposition and collection of assessments as provided in Article 8; (c) proceedings involving challenges to ad valorem
taxation; (d) counter-claims brought by the Association in proceedings instituted against it; or (e) actions brought by
the Association against any contractor, vendor, or supplier of goods or services arising out of a contract for services or

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supplies. This Section 6 of Article XIII shall not be amended unless such amendment is approved by the percentage of
votes, and pursuant to the same procedures, necessary to institute proceedings as provided above.
13.7 Cumulative Effect; Conflict. The provisions of these Eco-Guidelines shall be cumulative with any
additional covenants, restrictions, and declarations, and the Association may, but shall not be required to, enforce such
additional covenants, conditions, and provisions; provided however, in the event of a conflict between or among these
Eco-Guidelines or any provision hereof and such covenants or restrictions, and/or the provisions of any Articles of
Incorporation, Memorandum, rules and regulations, policies, or practices adopted or carried out pursuant thereto, these
Eco-Guidelines, the Memorandum, Articles, and use restrictions and rules of the Association shall (in that order)
prevail. The foregoing priorities shall apply, but shall not be limited to, the lien for assessments created in favor of the
Association. Nothing in this Section 7 of Article XIII shall preclude any Supplemental Declaration or other recorded
declaration, covenants and restrictions applicable to any portion of the Properties from containing additional
restrictions or provisions which are more restrictive than the provisions of these Eco-Guidelines, and the Association
shall have the standing and authority to enforce the same.
13.8 Use of the Words “Long Caye”. No Person shall use the words ―Long Caye‖, ―Osprey Reserve‖,
―Mayana Eco-Village‖ ―Blue Herron Reserve‖ ―Loggerhead Reserve‖ and/or ―Spoonbill Marina‖ or any derivative
thereof in any printed or promotional material without the Declarant’s prior written consent, which may be withheld or
denied for any or no reason. However, Owners may use the ―Long Caye‖, ―Osprey Reserve‖, ―Mayana Eco-Village‖
―Blue Herron Reserve‖ ―Loggerhead Reserve‖ and/or ―Spoonbill Marina‖ in printed or promotional matter where such
terms are used solely to specify that particular property is located within Long Caye and the Association shall be
entitled to use the words ―Long Caye‖, ―Osprey Reserve‖, ―Mayana Eco-Village‖ ―Blue Herron Reserve‖ ―Loggerhead
Reserve‖ and/or ―Spoonbill Marina‖ in its name.
13.9 Compliance. Every Owner and occupant of any Lot shall comply with the Governing Documents.
Failure to comply shall be grounds for an action by the Association or by any aggrieved Owner(s) to recover sums due,
for damages or injunctive relief, or for any other remedy available at law or in equity, in addition to those enforcement
powers granted to the Association.
13.10 Notice of Sale or Transfer of Title. Any Owner desiring to sell or otherwise transfer title to a Lot shall
give the Board at least seven (7) Days’ prior written notice of the name and address of the purchaser or transferee, the
date of such transfer of title, and such other information as the Board may reasonably require. The Owner shall
continue to be jointly and severally responsible with the transferee (the prospective purchaser) for all obligations of the
Owner of the Lot, including assessment obligations, until the date upon which the Board, notwithstanding the transfer
of title, receives such notice.
13.11 Exhibits. Exhibits ‖A‖ and ―B‖ attached to these Eco-Guidelines are incorporated herein by this
reference and amendment of such exhibits shall be governed by the provisions of Section 3 of Article XIII.
13.12 Right of First Refusal.
(a) Each Owner acknowledges, and the deed of conveyance to each Owner may provide, that
the Declarant shall retain a right of first refusal and option to repurchase any Lot within the Properties on the terms and
conditions set forth below. This Section 12 of Article XIII shall not restrict an Owner’s to enter into a binding contract
for the sale of a Lot, provided that, for so long as the right of first refusal exists, the contract provides (and if it does
not, it shall be deemed to provide) that the Owner may not convey a Lot to any third party without giving the Declarant
the right of first refusal on the terms and conditions set forth below. This right of first refusal shall not apply to any
transfer or conveyance in connection with a Mortgage foreclosure or deed in lieu of foreclosure.
(b) Any Owner who receives a bona fide offer to purchase her Lot on which a residence is not
under construction pursuant to a building permit issued therefore (such offer to purchase the Lot is called an ―Outside
Offer‖, the party making the Outside Offer is called an ―Outside Offeror‖, and the Owner to whom the Outside Offer is
made is called an ―Offeree Owner‖), which she intends to accept shall give notice of the receipt of such Outside Offer,
by registered mail, postage prepaid, to the Declarant. Said notice shall also state the name and address of the Outside
Offeror, the terms of the proposed transaction and such other information as the Declarant may reasonably require and
shall be accompanied by a copy of the proposed contract for purchase and sale or similar document. The giving of such
notice to the Declarant shall constitute an offer by such Owner to sell her Lot to the Declarant or its designee upon the
same terms and conditions contained in such Outside Offer and shall also constitute a warranty and representation by
the Owner who has received such Outside Offer that such Owner believes the Outside Offer to be bona fide in all
respects.
(c) Not later than thirty (30) Days after receipt of such notice, together with such further
information as may have been requested, the Declarant or its designee may elect, by sending written notice to such
Offeree Owner before the expiration of said thirty (30) Day period, by certified mail, to purchase such Lot upon the
same terms and conditions as contained in the Outside Offer and as stated in the notice from the Offeree Owner.
(d) In the event the Declarant shall timely elect to purchase such Lot or to cause the same to be
purchased by its designee, title shall close at the office of the attorneys for the Declarant or its designee, in accordance
with the terms and conditions of the Outside Offer, within forty-five (45) Days after the giving of notice by the
Declarant or its designee of its election to accept such offer. If, pursuant to such Outside Offer to purchase said Lot, the
Outside Offeror was to assume or take title to the Lot subject to the Offeree Owner’s existing mortgage or mortgages,
the Declarant or its designee may purchase the Lot and assume or take title to the Lot subject to said existing mortgage
or mortgages, as the case may be. At the closing, the Offeree Owner shall convey the Lot to the Declarant, or to its
designee, by statutory warranty deed (subject to such exceptions and easements of record as are standard and
customary), with all documentary tax stamps affixed at the expense of such Owner, who shall also pay all other taxes
arising out of such sale. Title shall be good and marketable and insurable and the Offeree Owner shall deliver an
abstract or provide a title binder (the ―Commitment‖) and subsequently, title insurance, at its expense, at least thirty
(30) Days prior to such closing. Belize Government Stamp Tax, Land Holding Tax, any other real estate taxes, filing
fees, interest on an assumed mortgage (if any) and Association assessments shall be apportioned between the Offeree
Owner and the Declarant, or its designee, as of the closing date.
(e) In the event that the Declarant or its designee shall not accept such offer within thirty (30)
Days after receipt of notice and additional information requested as aforesaid, the Offeree Owner shall be free to accept
the Outside Offer within sixty (60) Days after (i) notice of an election to waive the right of first refusal is given by the
Declarant or (ii) the expiration of the period in which the Declarant or its designee might have accepted such offer, as
the case may be. In the event the Offeree Owner shall not, within such sixty (60) Day period, accept, in writing, the

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Outside Offer or if the Offeree Owner shall accept the Outside Offer within such sixty (60) Day period, but such sale
shall not be consummated in accordance with the original terms of such Outside Offer or within a reasonable time after
the date set for closing hereunder, then should Offeree Owner thereafter elect to sell such Lot, the Offeree Owner shall
be required to again comply with all the terms and provisions of this Section.
(f) Any purported sale of a Lot in violation of this Section shall be voidable at any time at the
election of the Declarant and if the Declarant shall so elect, the Owner shall be deemed to have empowered the
Declarant to void an unauthorized conveyance. Said Owner shall reimburse the Declarant for all expenses (including,
without limitation, attorneys’ fees and disbursements) incurred in connection with such proceedings.
(g) Notwithstanding anything herein contained to the contrary, the Declarant, in exercising its
rights as provided in this Section shall not make any decision on the basis of race, sex, ethnic origin, nationality,
physical handicap or religion.
13.13 Liability for Use of Easements. No Owner shall have a claim or cause of action against the
Declarant, its successors or assigns, arising out of the exercise or non-exercise of any easement reserved hereunder or
shown on any subdivision plat or master plan for the Properties, except in cases of willful or wanton misconduct.
13.14 Remedies for Violation. These Eco-Guidelines and the covenants and restrictions contained
herein shall run with and bind the Lot Owner’s lot and shall inure to the benefit of and be enforceable by the Declarant
and the Association, its legal representatives, heirs, successors and assigns. Violation or breach by any Lot Owner of
any covenant, condition, restriction and agreement herein contained shall give the Declarant and/or Association the
right of action before any Court of competent jurisdiction in Belize, whether in law or in equity, to compel compliance
with the terms of said conditions, within these Eco-Guidelines, and to prevent the violation or breach of any of them,
and the expense of such litigation shall be borne exclusively by the then Lot Owner or Owners of the property in
violation; providing such proceedings results in a finding that such Lot Owner or Owners, was in violation of this said
Document. Expenses of litigation shall include reasonable attorney's fees incurred by the Lot Owner and/or the ERB
and/or Board of Directors of Pleasure Island Limited in seeking such enforcement. Each Lot Owner acknowledges and
agrees that the venue for any and all suits, claims, demands, causes of action, and all legal actions whether at law,
equity or otherwise, arising directly or indirectly out of each Lot Owners’ purchase of a Lot or any matter explicitly or
implicitly dealt with herein, shall be only brought in Belize City, Belize, C.A.

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