• The Indigo Green Foundation



IMPORTANT GENERAL INFORMATION TO KNOW


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MATTERS DEALT WITH BY THE INDIGO GREEN FOUNDATION

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.

Community Organizations

There are three community organizations of which all owners at Indigo Green are legally required to be participants or members:

  • The Indigo Bay Master Foundation – All property within Indigo Bay, which includes Indigo Green, is encumbered by the Indigo Bay Master Foundation (the “IBMF”) and all owners are required by law to be participants of the IBMF for as long as they own a residence or land covered by the IBMF. Various documents regulate this relationship. The IBMF was established by parties not related to the founders of the IGF, and to the developer and the builder of Indigo Green.

  • The Indigo Green Foundation – All property within Indigo Green is encumbered by the Indigo Green Foundation (the “IGF”) and all owners of Indigo Green are also required by law to be participants of the IGF for as long a they own a residence in Indigo Green. Various documents regulate this relationship.

  • The Ocean Drive Condominium – Owners of condominiums are required by Dutch law to be members of their homeowners’ association for as long as they own a condominium in Indigo Green. Therefore, owners in buildings 1 through 4 are members of an association called “Ocean Drive Condominium”, or “ODC”, in addition to also being participants of the IGF and IBMF. Various documents regulate this relationship.

Official Documents and Website

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:

For the Indigo Bay Master Foundation

  • The foundation document establishing the Indigo Bay Master Foundation – the IBMF Constitution (public record)
  • The long term land lease for Indigo Bay (public record)
  • The IBMF Rules and Regulations

For the Indigo Green Foundation

  • The foundation document establishing the Indigo Green Foundation – the IGF Constitution (public record)
  • The IGF easements (public record)
  • The IGF Community Building Regulations and Usage Prescriptions, also know as the CBRUP (public record)
  • The IGF General Bylaws
  • The IGF Rules and Regulations

For the Ocean Drive Condominium (the "ODC")

  • The Deed of Division establishing the ODC (public record)
  • The Plan of Division of the ODC (public record)
  • The ODC General Bylaws
  • The ODC Rules and Regulations

Regulations

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:

CBRUP

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.

Easements

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.

Rules and Regulations

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

IGF Architectural Committee

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.

Policies

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

Rules of Use and Behavior

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.

Leasing your Residence to Others

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.

IGF Foundation Dues

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:

Frequency and Invoicing

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.

What is included

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.

When do payments start becoming due and payable

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.

Late fees

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.

How to Pay

Please send any and all payments to:

Corresponding Bank:

Standard Chartered Bank (56)
1095 Avenue of the Americas #37
New York, NY USA
Swift: SCBLUS33
ABA: 026002561

Beneficiary Bank:

Windward Islands Bank Ltd
Clem Labega Square No. 7
Philipsburg, Sint Maarten
Acct: 3544025655001
Swift: WISBSXSM

Beneficiary:

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.

Indigo Bay Master Foundation Dues and Land Lease Payments

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.

Ocean Drive Condominium Payments and Dues

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.

IGF Manager

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.

Contact Information

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.

Providing the IGF with a local contact person

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.

Parking

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.

Installation on the Exterior of your Residence

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.

Ownership of Land and its Landscaping:
IGF Landscaping

The following land and its landscaping belong to the IGF (see your villa’s Certificate of Admeasurement for more information):

  1. the land between the street and the edge of each villa lot;
  2. for villas with odd numbered addresses – the land below the villas;
  3. for villas with even numbered addresses – the land on the hill above the villas, except for the rear yards of the villas shown on each villa’s Certificate of Admeasurement; and
  4. for condominiums – the land between the street and the edge of the condominium lots.

Villa Landscaping

The following landscaping belongs to the owner of a villa:

  1. the landscaping in the planters by each villa’s swimming pool;
  2. for villas with odd numbered addresses – the landcaping in the planters along the edge of the villa’s southern exterior staircase; and
  3. for villas with even numbered addresses – i) the landscaping between it and the adjacent villa on its south side, and ii) the landscaping on the uphill yard of the villa, until the limits of its lot.

Condominium Landscaping

The landscaping located on the condominium lots shall belong to the condominium HOA owning such lots.

Maintenance
IGF

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.

Villas

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.

Condominium

The condominium landscaping shall be maintained by the IGF. Please do not alter this landscaping in any way.

Landscaping

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.

Changes or Replacement of Landscaping

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.

Irrigation

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.

Irrigation Timer

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.

Bulbs in Exterior Light Fixtures

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.

Garbage – Household and bulk trash

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.

Sewage Treatment System

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.

Propane Gas Tanks for Villas

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.

Propane Gas Tanks for Condominiums

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.

Security by Indigo Bay

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.

Security by 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.