While some matters related to your residence may need to be addressed with Indigo Green Development B.V., the developer, and GreenBuild N.V., the builder, we would like to inform you of the following matters that deal with the community organizations.
Please note that these are NOT the complete Rules and Regulations of the IGF, but only a summary of some of the most pressing issues to be aware of as you take possession of your residence. Please read the complete documents relating to your property to familiarize yourself with all your obligations and responsibilities.
We realize that to a new home can be stressful and hope that this list will help you make this transition smoother.
There are three community organizations of which all owners at Indigo Green are legally required to be participants or members:
As is indicated in each transfer deed of property sold within Indigo Green, a number of documents encumber Indigo Bay, Indigo Green and the condominium buildings. Many are recorded in public records while others, like the General Bylaws, the Rules and Regulations, meetings notices and minutes of meetings are not.
Some of these documents were provided to each owner by the notary at the closing of a purchase, while others may not have been then available. The IGF has published this website on which most of these documents are available for consultation and download. Please consult this website for more information.
These documents include the following:
As mentioned earlier, several documents regulate what owners can do, and build on their property, and how they can modify and use it. Every owner should familiarize himself or herself with these documents as soon as possible to avoid disappointments, conflicts, fines and liens. Please review these documents carefully. These are:
The Community Building Regulations and Usage Prescriptions set construction restrictions that go beyond what authorities regulate. They also restrict how the various parts of Indigo Green can be used. The main purpose of this document is to preserve in as much as possible the appearance, integrity, views and nature of the community in a manner similar to what the initial owners purchased.
For these reasons, the CBRUP are more restrictive than the applicable government regulations (managed by “VROMI”). Obtaining a building permit from VROMI is not sufficient to allow the work to proceed.
The CBRUP also establishes an Architectural Committee (the "AC") to review and approve (or refuse) many of the improvements that owners may wish to complete.
A number of easements affecting all property within Indigo Green were established prior to transferring title to owners. The main purpose of these easements is to provide for the simple and economical operation, servicing and maintenance of all residences and common areas within Indigo Green.
Each one of the community organizations referred to above has its own General Bylaws and Rules and Regulations. Rules and Regulations were adopted by the board of directors of the IGF on 15 January, 2015, by which all Indigo Green owners are bound to abide
As in most managed communities, the CBRUP provides controls to assure the architectural integrity and esthetic harmony of the community. This control is exercised by the IGF’s AC. In short, all exterior work, additions and modifications are subject to the prior approval of the AC.
Just as an example, this includes such changes as adding storm shutters, building planters or changing the color of an exterior wall or the light fixtures on the exterior of your villa or condo. This does not mean that you cannot make changes; it simply means that you need to make a request and obtain prior approval from the AC.
Please direct any request for such changes to the following email address: AC@IGF.SX. During the initial period, the AC is administered by the developer.
To simplify and clarify the application of the CBRUP and the Rules and Regulations, and to reduce the processing required of the Architectural Committee, the Board of the IGF may from time to time adopt policies (the “Policies”) to more clearly define. explain and provide guidance on what is or not permitted by the CBRUP, the Easements and the Rules and Regulations. Such Policies shall be available for consultation by all owners
Additional rules of use and behavior may be promulgated by the Board of the IGF and posted by the pool, gym or elsewhere on the property for the safety and enjoyment of Indigo Green by all.
While leasing or lending your residence to others is not prohibited, certain procedures are required to be followed for this purpose in order to keep a certain order, decorum and quality of life for all owners. Please review the IGF Rules and Regulations for more information.
As you should know from the Indigo Green Foundation documents that were given to you at closing, dues are payable quarterly to the IGF. Also:
Although the annual budget has been developed on a monthly basis for presentation and analysis purposes, in order to reduce IGF's administrative expenses and each owner’s electronic funds transfer expenses, owners’ dues are payable on a quarterly basis. Therefore, payments are due on the first day of each quarter, i.e., January 1st, April 1st, July 1st and October 1st.
A notice will be sent each year by email to advise of your dues for the following year, however, to reduce costs, you will NOT receive any further notice or periodic invoices. It is each owner’s responsibility to make each payment when due.
As all community services and amenities are not fully built out, only services and amenities currently available will be included in the annual budgets. In the first two years, the budget will be adjusted periodically to reflect the expanding availability of services and amenities. Nevertheless, all land lease rent and maintenance services payable to the IBMF will be included in the first and all subsequent budgets.
Indigo Green Development B.V., as developer, has paid for all Indigo Green operating expenses and all IBMF land lease rent and dues through the end of 2016. Starting in January 2017, owners having already taken delivery of their residences will become responsible for their share of the IGF budget. Going forward, new owners will become responsible for their share of the budget as of the date they take delivery of their residences.
It will be your responsibility to pay your dues in a timely fashion every quarter to the address below, failing which, a late fee equal to 10% of the amount past due (with a minimum of $50.00) shall be assessed by the IGF by the 21st of the month.
Please send any and all payments to:
Standard Chartered Bank (56)
1095 Avenue of the Americas #37
New York, NY USA
Windward Islands Bank Ltd
Clem Labega Square No. 7
Philipsburg, Sint Maarten
Name: Indigo Green Foundation
Address: Ocean Drive No. 80, Indigo Bay, Sint Maarten
Account No.: 81708610 USD
Since many owners will be paying the same amount, please ensure that your bank include your name in the memo section of the bank transfer.
Please also inform your bank that "ALL TRANSFER CHARGES ARE FOR SENDER'S ACCOUNT" otherwise, the amount received by the IGF will be insufficient and late fees will be charged.
To keep administrative expenses to a minimum as well as to simplify managing payments for all owners, it was decided that the IGF would collect from its owners all payments that are due to the IBMF, and would thereafter make payment to the IBMF on behalf of all Indigo Green owners. Therefore, the IBMF contributions are included in your quarterly payments to the IGF.
In a similar way that is applied to all IGF owners, the ODC will collect from condo owners all payments that are due to the IGF (and therefore to the IBMF), and will thereafter make payment to the IGF on behalf of all condominium owners.
The IGF will soon be administrated by a professional property manager. As condominium building 2 is completed, a permanent management office will be set-up on its ground floor to provide onsite service. If you have any issues you would like to take up regarding IGF matters, please email these to Manager@IGF.SX.
Being located in Sint Maarten, the IGF cannot and will not attempt to find an owner’s contact information across multiple foreign countries. Therefore, it is each owner’s responsibility to provide to the IGF the owner’s complete contact information. While such information was provided earlier to Indigo Green Development B.V., the IGF is a separate legal entity which needs to be kept informed of any change to an owner's contact information.
This information is crucial to properly notify owners of IGF matters and meetings, as well as to be able to reach an owner in the case of emergency or repairs affecting the owner’s residence or in some cases, a neighboring residence.
Please request the Contact Information form from the IGF’s manager and return it duly completed.
As many owners will not be fulltime occupants of their residences, it is of utmost importance that the contact information of a local person normally residing in Sint Maarten be provided to the IGF. Such local contact person must have in his or her possession all keys and access codes necessary to enter any portion of your residence. Such person can be the manager of the IGF. This is a requirement of the IGF that, if not complied with, could have unexpected or undesired consequences.
Each residence has a carport, a garage or a designated space for parking two (and in some cases more) vehicles. There are a few guest parking spaces on the property. Please remember that these are for temporary use and they are not to be used on a full time basis. Such parking spaces may not be used as an additional parking space by an owner. Vehicles may not be parked in such spaces for more than 24 hours and more than three times per week.
Any vehicle parked in violation of these rules may be towed away at the concerned owner's cost.
For esthetic and safety reasons, there are restrictions of the installation of various devices on the exterior of your residence. These installation restrictions include roll down shutters, awnings, pergolas, generators and satellite dishes, just to name a few. These restrictions may include issues like color, location and type. In order to avoid having to remove what you have just installed, please read the documents indicated above, and take note of the Policies that govern such matters. It is always best to inquire before proceeding by emailing at Manager@IGF.SX.
The following land and its landscaping belong to the IGF (see your villa’s Certificate of Admeasurement for more information):
The following landscaping belongs to the owner of a villa:
The landscaping located on the condominium lots shall belong to the condominium HOA owning such lots.
The IGF will maintain and irrigate the IGF landscaping on all of its land, including in front of villas. Please do not alter this landscaping in any way.
Because the vast majority of owners are absent most of the time, the IGF will do its best to maintain the villa's landscaping, provided the IGF has access to these areas and provided the landscaping is not altered in a way that the IGF deems too expensive, challenging or impractical to maintain. However, only low maintenance plants that are tolerant of drought, wind and (in some areas) shade should be installed in the villas’ planters.
The condominium landscaping shall be maintained by the IGF. Please do not alter this landscaping in any way.
The various species of trees and plants found within Indigo Green were chosen based on numerous factors such as appearance, size, growth patterns, tolerance to sun, shade, wind, drought, local soil and, also, irrigation requirements, security considerations, local availability and replacement availability. Please do not make any changes to these trees and plants.
If an owner wishes a plant to be changed, or should a plant’s growth become an issue, please contact the IGF’s manager to report your issue so that the manager may seek a solution. If an owner’s landscaping needs replacing because of the owner’s action or inaction, the replacement shall be done by the IGF at such owner’s expense.
An irrigation system has been installed in some of the IGF’s common areas. This system will prioritize recycling of processed wastewater when available. If additional irrigation is needed for an owner’s landscaping (especially in times of drought), the IGF may attempt to use that owner’s water hose and water (if available) to remediate the situation.
The IGF’s irrigation system timer will be set so that it will automatically go on and off. Please note that from time to time, these timers do become defective, especially due to the ocean air. If you ever detect that the sprinklers are irrigating at odd times or not at all, kindly advise IGF’s manager immediately so that it can be addressed quickly and avoid an extravagant water bill for the IGF and its owners.
In order to 1) assure consistency of the exterior lighting, 2) assure that the community remains well lighted and 3) assure community security, and since many owners will be absent for extended periods, the IGF will replace the bulbs in the exterior lights on the villas and condominiums.
This policy will apply only to the light fixtures that 1) have replaceable bulbs, and 2) are located at ground level and on the pool terraces. This policy will not apply to pool lights or LED lights built in light fixtures.
In order to do so, the IGF’s maintenance staff will need to have access to the terraces, as provided for in the easements that are recorded against Indigo Green. Therefore, if you choose to install an ARC-approved gate that limits access to your terrace, please make sure that the IGF has the key and access code.
The IGF will supply each owner with a garbage bin for household trash. Once the contract for the garbage removal has been awarded, each owner will be informed of the domestic garbage collection days. Bulk trash, which is basically anything that it not household trash, may currently be placed in Indigo Green’s construction container on site.
The sewage treatment system is composed of multiple components distributed throughout Indigo Green. This system is monitored and maintained by the IGF. Nevertheless, should you notice any foul odors or anything else that you think is unusual, please report it as soon as possible to the IGF’s manager or to Indigo Green.
For the occupants’ convenience, most of the villas have gas conduits installed from their kitchen’s cooking appliance and outdoor grill area to the villa’s propane gas storage area. The location of this storage area was planned to accommodate two large 100-pound exterior propane gas tanks. It was also planned for the safety of the villa, its occupants and that of its neighbors, as well as for the ease and safety of the refilling the tanks. Please do not relocate these propane gas tanks elsewhere. Moving them in close proximity to electrical components could become extremely hazardous to all. Should you wish to relocate such tanks, you are required to receive the prior approval of the Architectural Committee.
Because of space and logistical considerations, no propane gas connections were installed for the Condominiums. Nevertheless, should an occupant wish to have a propane gas powered grill on his balcony, the occupant may keep no more than two 25-pound exterior propane gas tanks on his balcony, which is considered as one for ongoing use, and another as a reserve tank.
The security of Indigo Bay in general is provided by the IBMF. The IBMF also maintains the roads and general landscaping along the roads within Indigo Bay, but outside of Indigo Green.
Additional security is planned for Indigo Green by the IGF as the community’s construction gets completed and as the traffic within Indigo Bay increases. At this time, no manned security is yet provided.