• The Indigo Green Foundation




MAIN GOVERNING DOCUMENTS


Stacks Image p36599_n2

Like in any similar organized community, there are a number of organizations set-up and documents prepared to manage its operation and regulate its usage.

Within Indigo Bay there are several such distinct organizations:

  1. A master foundation in which all owners within Indigo Bay are by law participants;
  2. Several sub-foundations in which various owners are participants depending on where their property is located; and
  3. Various homeowners' associations ("HOA") that affect the condominiums that are sold, known as "Right of Apartment" in Sint Maarten.

The master foundation is the Indigo Bay Master Foundation, often referred to as the “IBMF”. It operates over all property within Indigo Bay.

One of Indigo Bay's several sub-foundations is the Indigo Green Foundation (the “IGF”) whose participants are all the owners within Indigo Green.

Within Indigo Green, the first HOA is known as the Ocean Drive Condominium Association (the "ODCA").

All property owners within Indigo Green are participants in the IBMF and the IGF. Owners of condominiums are by law also members of their respective HOA. For each organization, a number of documents govern its management together with its participants or members.

Like in similar communities, it is each owners responsibility to become familiar with the relevant documents, to abide by them, and make sure all persons that are invited or authorized by the owner to be present on the premisses of Indigo Green or Indigo Bay also abide by them.

This webpage attempts to provide the most relevant documents which each owner in Indigo Green should become familiar with. This webpage may not always offer copies of every document, however the IGF will attempt to keep it updated as much as possible. We hope that this is helpful.


INDIGO BAY MASTER FOUNDATION

The IBMF applies to all properties within Indigo Bay and therefore ALL property owners within Indigo Bay (including those in Indigo Green) are participants in the IBMF.

THE ARTICLES OF THE IBMF

The IBMF was registered with the Chamber of Commerce of Sint Maarten on April 1, 2010. A copy of the registered articles of incorporation is available here.

The Articles of Incorporation of the IBMF were amended twice in 2017 by majority vote of the general membership. Because of many administrative delays caused by Hurricane Irma, the amended articles were recorded on April 16, 2018. A copy of the amended articles of incorporation is available here.


THE IBMF BYLAWS

To our knowledge, no bylaws have yet been published by the IBMF.


THE LONG TERM LAND LEASE

All property within Indigo Bay is subject to a long term land lease. The long term land lease was recorded with the Kadaster of Sint Maarten on January 23 , 1989. A copy of the recorded lease is available here.

The annual rent for this land lease is payable by the IBMF. In turn, the IBMF allocates to the sub-foundations or other owners the lease payment according to a formula found in the articles of the IBMF and collects this rent from the various owners of property within the Indigo Bay community.

The initial term of the lease expires in 2088, although there is a provision that extends the term until 2139. Reading a copy of this lease will give the reader accurate information.

In notarial format


THE INDIGO GREEN FOUNDATION

The IGF applies to all properties within Indigo Green and their owners which are all participants in the IGF, but not to the other property owners within Indigo Bay.

THE ARTICLES OF CONSTITUTION OF THE IGF

The IGF was constituted with the registration of a notarial document often referred to as the "Constitution". The Constitution was recorded with the Chamber of Commerce of Sint Maarten on December 19, 2014 and an amendment was recorded on March 2, 2016, and another on December 14, 2017.

The Constitution sets the purposes and powers of the IGF and the manner in which the IGF will be operated, together with some of the obligations of its participants, which are all the owners in Indigo Green.

The original Constitution was amended to make certain corrections and clarifications. A combined searchable PDF version is available that was been reformatted from its original "notarial format" for easier consultation.

A copy of the registered articles of the Constitution is available here. No further amendments have since been made or recorded.

Original filing in notarial format

Amended filing in notarial format

Second amended filing in notarial format

Combined searchable version


THE IG EASEMENTS

At the same time as the Constitution was recorded with the Kadaster on December 19, 2014, a number of easements and deed restrictions were recorded that affect all properties (and therefore its Owners) in Indigo Green.

As is the case in most organized communities, these easements and restrictions are for the benefit of the owners, the IGF, the HOA's (including those that may be formed in the future) and the IBMF.

These easements provide rights to certain parties over property that they may not own, and at the same time create obligations towards these parties.

A copy of the registered articles of the IG easements is available here. No amendments have since been made or recorded.

In notarial format


THE IG CBRUP

At the same time as the Constitution was recorded with the Kadaster on December 19, 2014, the Community Building Regulations and Usage Prescriptions (referred to as the "CBRUP") were recorded that affect all properties (and therefore owners) in Indigo Green.

As is the case in most organized communities, the CBRUP document defines certain building regulations that limit what can be built or installed in different places in Indigo Green. The CBRUP also limits how each property in Indigo Green may be used.

Please note that these regulations and prescriptions are more restrictive than what may be allowed by the local governmental authorities. This is because the CBRUP's goal is to preserve in as much as possible the appearance, integrity, views and nature of the Indigo Green community.

The CBRUP also governs to a certain extent how an Owner may otherwise use his property.

A copy of the deed registering the CBRUP is available here, as well as a copy of the actual CBRUP. No amendments have since been made or recorded.

Deed registering the CBRUP in notarial format

Searchable PDF of actual regulations and provisions


THE IGF GENERAL BYLAWS

The General Bylaws of the IGF were adopted by the Board of Directors of the IGF on January 15, 2015 and later amended as per a resolution of the Board on December 14, 2017. This amended document defines more precisely how the IGF and its Board of Directors will be operated.

A copy of the General Bylaws is available here.

Searchable PDF of General Bylaws


THE IGF RULES AND REGULATIONS

The Rules and Regulations of the IGF were adopted by the Board of Directors of the IGF on January 15, 2015. A copy of the Rules and Regulations is available here.

Searchable PDF of Rules and Regulations



THE OCEAN DRIVE CONDOMINIUM ASSOCIATION

The ODCA applies to all properties within the Ocean Drive Condominium but not to the other property owners in Indigo Bay. These owners are also all participants in the IBMF and IGF.

THE DEED OF DIVISION OF THE ODCA

The ODCA was constituted with the registration of a notarial deed often referred to as the "Deed of Division". The Deed of Division was recorded with the Kadaster of Sint Maarten on December 14, 2016.

This deed sets the purposes and powers of the ODCA and the manner in which the ODCA will be operated, together with some of the obligations of its members, who are all the condominium owners.

A copy of the registered Deed of Division is available here. No amendments have since been made or recorded.

In notarial format


THE SUBDIVISION PLAN OF THE ODCA

Prior to registration of the Deed of Division of the ODCA, a plan of the physical division was submitted for registration with the Kadaster of Sint Maarten. This plan received its first approval on August 2nd, 2016, and its final amendment on November 2nd, 2016.

This plan defines the location, shape, surface area and numbering of each parcel of property within the ODCA.

A copy of the registered plan is available here. No amendments have since been made or recorded.


THE ODC UNIT SUMMARY LIST

As per the ODCA's Deed of Division recorded on December 14th, 2016, each condominium (right of apartment) is identified by an Index Number. Each condominiums entitles its owner to a specific number of votes and carries responsibilities in direct proportion with his Owner's Share as defined in the Deed of Division (expressed in percentage).

The Deed of Division also limits the use of each condominium to specific uses, such as a dwelling, storage or the IGF's office.

A list has been made available summarizing this information together with the location and surface area of each unit.

This list is available here.