El Encanto del Sur

El Encanto del Sur - Los Sueños Covenants, Codes & Restrictions

GG Ventures S.A.
Torreón Building
Detrás de Eskimo
Malecón Norte
San Juan del Sur, Rivas
Nicaragua

Guidelines of the El Encanto del Sur Community, Los Sueños

Our goal is to preserve the existing natural environment, the flora, the fauna, the soil, the air, the natural sounds and physical geology as we allow the light footprint of intelligent development.

As homes evolve they will be complementary to the land and be designed with respect for the elements of the landscape. Materials used for construction in both the model home lots as well as the Canopy lots must be natural and fit into the land and environment, not stand apart from it. El Encanto is not a place for grand architectural statements but rather designs that create a sense of community. That is how our model homes were designed but we leave creativity for the owners of the Canopy lots to allow for their self-expression.

These guidelines are designed to protect and preserve the natural character of this special and appealing place while ultimately allowing homes and buildings that will enhance the natural beauty of El Encanto in this new and evolving community known as Los Sueños

Where possible we encourage the utilization of non-fossil fuel energy (solar, wind), the collection of rainwater and the usage of grey water for planting purposes. Compost is encouraged as well. All electrically powered devices must have all lines buried safely underground.

REQUIREMENTS/Restrictions and Building Goals

Lots 1-21 are restricted to private one-family dwellings exhibited by Model Homes A, B, C and D. Only one model home shall be built on any lot. No towers or structures higher than the height of are permissible, whether for wind power, solar power, telephonic or Internet service, without HOA permission. Houses on Canopy lots may be developed in a “pod” format but only as a single-family design.

REQUIREMENTS/Restrictions and Building Goals

All owners purchasing lots 1-21 will have two years to complete the construction of their model home. Thus, the home construction should commence no more than 1 year from selection of their lot and model home. If there are modifications to any of the models, they should be discussed with the owners or project manager prior to application of building permit or prior to any construction.
All owners purchasing Canopy lots must commence construction on their lots within three years from the closing date of the purchase of their lots. If, at the end of three years, construction plans have not begun and a contractor has not been hired to build the house (in the case of the Canopy lots), the developer will have the option to buy back the lot at the original price. If design and/or construction plans have begun, the house must begin actual onsite construction within 3 months of the three-year time limit or the buy back may commence at that time. The Developer will have one year after the three-year time limit expires to exercise the Buy-back option for the lot. If that option is not exercised within that time, then the Buy-back option will have expired.
If an owner has specific and firm plans to build, but has occurred unforeseen delays, he/she should contact the developer or HOA and may be granted an extension, if the delay is valid as deemed by the developer/HOA. This measure isn’t meant to be punitive but is included to insure that several years from now, El Encanto will be a community with life as opposed to a development of empty lots.
If the original owner sells his lot in less than the 3-year time limit, the new owner shall have two years from the date the lot is purchased by the new owner to begin construction. If the lot is subsequently sold again, the new owner shall have a one-year period in which to begin construction.
If the same buyer purchases two Canopy lots, one of the lots may be considered an “investment lot” and will have a 5-year time period before building or sale of the lot must take place.
Architectural design approval for the Canopy lots will be required by HOA for Los Sueños (Home Owner’s Association).
Plans for modification to the model homes and plans for all homes to be built on the Canopy lots must be submitted prior to commencement of construction. The intent is NOT to control a certain building style, but rather prevent extreme, out of the ordinary homes that would not in any broad sense, fit in the neighborhood.
No commercial use of Canopy lots is permitted.
Additional living units for live-in maids, nannies or occasional guests are allowable. If units are for lots 1-21 they must be submitted before construction. They too must conform to the same architectural styles as outlined above.
All grading must be done with minimal impact to the lot and area adjacent to the property and with approved engineering plans designed to prevent excess runoff and erosion. Grading material must be stored with extreme caution and utilized so it does not flow into creek areas, ravines, onto neighboring lots, roads or public area.
The lots in Los Sueños vary in size from just under a quarter acre to more than a half acre. Thus there are some lots that cannot accommodate the largest homes. We therefore have made the following conditions to guide owners as to the suitability of certain homes on specific lots. Please review these before final purchase decisions are made and if you have any questions consult with your sales representative.
The smaller lots that can accommodate Model A and Model D – with a 5 meter side setback, 8 meter street frontage setback, 5 meter back setback are lots #2, 4, 14, 15, 16, 17, 18, 19
Lots # 1, 3, 5, 6, 21 -These lots can accommodate Model A and D with a 5 meter side setback, but they would have a 2.5 meter side setback when choosing Model C. The front and back setbacks would be the same as above, 8 meter frontage setback, 5 meter setback in back.

Lots #7, 8, 9, 10, 11, 12, 13, 20. These are the largest lots that can accommodate all 4 models, again, with a 5 meter side setback when choosing a two-story model and a 2.5 meter side setback when choosing a one story model.

The logic of having a 5-meter side setback for the two story models (A & D), and a 2.5 meter side setback is to lessen the feeling of over-density and blocking of natural light.
The Canopy lots will have a 10-meter front and back setback and a 5-meter side setback. The 10 meters forces a green buffer between the house and the road, while the 10 meters towards the back provides monkeys and other wildlife with a safe and secure wildlife corridor.
Fencing and or walls may be allowed in this space, but must remain 5 feet back from any property lines and must be lower than 6’ in height. Chain link fences are prohibited and homeowners are encouraged to design fencing that blends with the environment, such as “Live” fencing. Razor wire, glass or other similar materials may not be placed on top of the walls. These provisions pertain to green areas as well.
The actual house footprint for Canopy lots (includes all exterior house walls, but not exterior patio space) may not exceed 35% of the lot’s buildable area. Example: if a lot was 150’ x 150’ square and had 20’ setbacks on all sides, it’s buildable area could be 110 x 110 feet, House footprint could not exceed 35% of this area or 4235 square feet (110x110= total building area x 35% = 4235). Naturally, in lots permitting two stories, a larger house could be built, while maintaining these regulations.
The location of the dwelling for lots 1-21 will be determined by the developer prior to construction.
All natural greenery, especially trees, is vital to the natural beauty of El Encanto del Sur. Accordingly, no trees that have a diameter larger than 6 inches (at 3 feet above the ground) shall be trimmed or removed without the prior written consent of the Association. Trees planted for landscaping purposes may not be allowed to grow if they could block views. They must be kept trimmed if they encroach on views or the HOA will trim them, if necessary, at owner’s expense
All rubbish shall be stored in suitable containers out of public view. All personal property will be stored within appropriate buildings. Each lot owner will be encouraged to recycle when and wherever possible.
An annual HOA fee of $780.00 will be charged to owners of each lot in Los Sueños for the general maintenance and upkeep of the tract (road maintenance, electric costs for water pump, security, green area maintenance). This will be assessed at the beginning of each calendar year. HOA may vote to increase maintenance fees if deemed necessary.
In addition, there will be a one-time contribution of $300.00 per property for the support of the Encanto Area Resource Trust Habitat (EARTH) Fund. This will be included in costs at the final closing of the sale This will support projects that enhance the quality of life for the greater San Juan del Sur community. Examples to date have included contributions to local communities to build latrines and wells, construction of a local pre-school and contribution for the new San Juan Sports/basketball Park. Commission will not be paid on this fee and the fee will be paid separate and apart from the sales price of the lot.
Dogs, cats, birds, or other pets in may be kept on the premises, but only insofar as they are not a danger, nuisance or noise problem to others in the community. The intent to bring pets to your property must be made to the Association prior to their addition to your home. This is a delicate balance between neighbors, domesticated pets and wild animals and involves health and waste issues as well. Our goal is to make this balance work because pets are family. If there are problems the developer or Association will make necessary decisions to resolve any issue. Excessive barking, or growling menacingly are potential problems so please work with all of us to prevent these problems.
Where solar power or wind power is utilized, it must be safe, installed professionally and not create a visual or sound blight to neighbors. As more options become available, the Association will inform all owners of the recommended systems and costs and assist in a group purchase if desired.
Each parcel (all lots, 1-28) will be required to carry its own septic system. The actual design, location and depth of each system MUST be mutually agreed upon between homeowner, builder and developer.
We encourage all owners to establish organic composting systems to fertilize their garden and or personal green areas. Chemical pesticides and/or fertilizers for plant material are discouraged and if determined by the HOA to be harmful to the area, they will not be allowed.
Swimming pools/spas are acceptable. Solar heating systems are encouraged. Cleaning and filtration systems must minimize any potential harm to the environment.
Exterior lighting should be minimal. Security lights must be kept to no more than 60 watts of power so as not to interfere with neighbors. Landscape lighting will be limited to low voltage. Excessive noise pollution is not permitted.
Enforcement of these restrictions has been delegated to an association that will be elected by individual landowners. Until 50% of land is sold, the developer, GG Ventures S.A. will vote in place of unsold lots. Additions to these CC&R’s can be made by 75% agreement through the voting procedure of the Home Owners Association of Los Sueños. (HOA)
During construction of any Canopy house all building materials and worker camps must be within the area of the owner’s lot and not in the roads or common areas. Portable bathrooms must be used by workers. Litter caused by construction is the responsibility of the owner and the builder. Messy construction sites will be warned once and then fined by HOA when and if deemed necessary.
Please keep El Encanto del Sur clean. If you want to plant trees and would like to be certain that they are indigenous to the area, please ask and we will provide you with appropriate answers. We are open to suggestions and can be reached at .(JavaScript must be enabled to view this email address). We have a nursery, The Vivero Fundacion Tierra, in San Juan that offers plants to home or lot owners at a discount, with profits going to support the EARTH Fund (Fundación Tierra)
The Covenants, Conditions & Restrictions fulfillment is compulsory and if the landowner breaks any of these requirements GG Ventures S.A and the owner renounce to solve the issue in the Nicaraguan Tribunals. They agree to binding arbitration, locally in the department of Rivas.
GG Ventures S.A and the landowners, in case of any misdemeanor or disagreement, renounce to solve the issue in the Nicaraguan Tribunals. Binding arbitration will be used, in order to settle the case expediently, and this will take place in the department of Rivas, Nicaragua. Each party would appoint one arbitrator and will ask a local judge to appoint a third arbitrator in order to be impartial and settle the case expediently. The arbitrator may be of foreign or Nicaraguan citizenship, according to each party’s decision.

This CC&Rs has legal purpose for the seller and the owners’ origin country and in Nicaragua no matter if it is written in English language.