Date Adopted: January 15th, 2017 and amended February 15th 2018

Policy:

In order to provide security to the residents of Indigo Green and preserve its architectural and aesthetic harmony, the Indigo Green Foundation (the “IGF”) has established policies regarding exterior lighting of villas and condominiums.

During construction, numerous light fixtures were selected and installed in various areas in order to provide convenient lighting, provide security, highlight the architectural features of the various buildings and establish a certain mood and esthetic harmony. In order to preserve these objectives, the following policy has been established, which can only be amended by the Board of the IGF:

• Automatic Lighting – To assure the security of the community, most exterior lights on the exterior of buildings are controlled by a photocell so that these lights turn on automatically from dusk to dawn. This provides security lighting on the perimeter of each building, even when the occupants are away. This is an essential security feature of Indigo Green. It is mandatory that these lights remain connected and operational in this manner. Any deviation must receive prior written approval from the Architectural Committee (the “AC”) or the Board of the IGF.

• Bulb Replacement – Since most owners are not residents of Sint Maarten and are away during extended periods, the changing of burned light bulbs that are in exterior fixtures that are scheduled to come on nightly will be done by the IGF at its expense. However, the IGF’s bulb replacement policy shall not apply to light fixtures that are located:

• Type of Light Fixture – All light fixtures installed on the exterior of a villa or condominium shall be of the “indirect lighting” type. No light fixtures shall be installed whereby one on a neighboring property can see the light bulb directly or see it through a glass lens of some sort.
  
  The only exception to the above shall be spotlight type of fixtures when installed for security purposes as follows:

• Color of Light Bulbs – All light bulbs installed in any exterior fixture shall have a color temperature of between 2,700° and 3,500° Kelvin, commonly known as warm white. No “daylight” light bulbs, or bulbs having a color temperature of 4,000° Kelvin or higher, shall be allowed.

• Replacement of Fixtures and Bulbs – In order to protect the visual harmony and esthetics of Indigo Green, light fixtures installed by the developer of Indigo Green shall be replaced with the same type and color of fixture. If such model is no longer available, the replacement fixture will need to be approved in advance by the AC or the Board of the IGF and have the same functionality as those being replaced, i.e “up and down” type, “recessed” type, “wall-mounted” type, etc.

• Fines – Any deviation from this policy without prior approval from the AC or the Board of the IGF shall be subject to fines by the IGF.

Date Adopted: January 15th, 2017

Policies:

In order to preserve the esthetic harmony of Indigo Green, the Architectural Committee (the “AC”) of the Indigo Green Foundation has determined certain design aspects of storm shutters that it deems necessary. Owners should note the following:

• Storm shutters must be the roll-down type. No corrugated storm shutters or accordion-type shutters shall be allowed.

• Storm shutters must be made of aluminum. No shutters made of metal shall be allowed.

• Storm shutters must be powder-coated in white to match the window frames. Alternatively, if a shutter is located on a wall that is already brown as approved by the AC, such shutter could be the same brown color as the wall.

• The above policies are meant to be a guideline to indicate what may be acceptable, or not to the AC, and does not relieve an Owner from the obligation of applying for approval to the AC prior to installing storm shutters.

Date Adopted: January 15th, 2017

Policies:

In order to preserve the esthetic harmony of the Indigo Green community, the Architectural Committee (the “AC”) of the Indigo Green Foundation (“the “IGF”) has determined certain design aspects of exterior doors and gates that it deems necessary. Owners should note the following:

• Any door or gate that is to be installed on the outside of a villa or condo must receive prior approval from the AC prior to its installation (other than by the developer of Indigo Green), whether it is the front door, a door or gate to an exterior room, or a door or gate in, at the top or bottom of a stairway.

• When submitting an application for approval to the AC, the applicant must submit the following:
  • A scaled plan clearly indicating the location and dimensions of the door or gate;
  • An elevation plan of the door or gate describing in sufficient detail its architectural features; and
  • Technical specifications from its manufacturer explaining the material it is made of, how it is assembled (welded or otherwise), its finish, and any other information the AC may require to review the application.
    
    

• Any such exterior door or gate must be made of white powder-coated aluminum, or of white painted galvanized steel.

• These policies are meant to be a guideline to indicate what may be acceptable or not to the AC, but these policies do not relieve an Owner from the obligation of applying for approval to the AC.

• It should be noted that if a gate has a lock installed, the IGF cannot and will not accept the responsibility of having its landscape personnel or contractors go about their work in possession of keys to various private terrace areas, nor can the IGF incur the expense of having a supervisor unlock and lock these gates.
  
  Therefore, such gates will need to remain unlocked at times when the landscaping maintenance is performed by the IGF. If the gates are left locked, the IGF will not be able to water and maintain the plants located beyond the gate and, therefore, should these plants die, the IGF will not be responsible for their replacement. This will not give rise to any reduction in maintenance

Date Adopted: January 15th, 2017

Policies:

1. The Indigo Green Foundation (the “IGF”) shall levy a Standard Review Fee from any Owner requesting approval from the Architectural Committee (the "AC") to cover the IGF's cost to administer the basic application approval process, which shall include its additional administrative expenses and the cost of retaining local professionals such as an architect, engineer or land surveyor, to review the application.

2. The Standard Review Fees shall be as follows:
   • The fee for reviewing applications related to doors, gates and storm shutters shall be $150;
   • The fee for reviewing applications related to other modifications shall be based on the value of the work to be done, as follows:
     • The value of the work shall be estimated at the sole discretion of the IGF's consulting architect or engineer;
     • For work valued below $1,000, the review fee shall be $150;
     • For work valued between $1,000 and $4,000, the review fee shall be $250;
     • For work valued above $4,000, the review fee is to be $500.
       
       

3. Subject to the application at hand, should the AC determine that the object of the application shall require additional services, then the applicant shall be become responsible for the cost of all such expenses, including the IGF's additional administration expenses and any cost for hiring third-party specialists such as architects, engineers, land surveyors or others that the IGF may incur in the process of researching, approving, inspecting or verifying the work related to such approval application. The applicant shall be advised of such potential expenses and shall be required to enter into an agreement with the IGF for the payment of such expenses prior to the AC processing the application.

4. Fines may be imposed on an Owner for not obtaining approval from the AC prior to performing any work requiring prior approval. Such fines shall be based on the IGF's architect's or engineer’s estimated value of the work, and whether the work infringes upon the easements affecting or benefiting Indigo Green and the Community Building Regulations and Usage Prescriptions.
   
   

Date Adopted: January 15th, 2017

Policies:

In the collective interest of Indigo Green and in order to preserve its esthetic harmony and peaceful enjoyment of, the Board of the Indigo Green Foundation (the “IGF”) has determined a schedule of fines that will be imposed to Owners not observing the IGF’s Constitution, Easements, CBRUP, General Bylaws, Rules and Regulations or other Policies as may be in force from time to time.

Owners are reminded that they are fully responsible for the actions of all their Permittees. Owners should take note of the following offenses and corresponding fines:

The following fines are imposed on Owners not seeking approval from the AC prior to performing any work on its Villa Lot or Condominium. Such fines shall be based on the IGF's architect's or engineer’s estimated value of the work, and whether the work infringes upon the easements affecting or benefiting Indigo Green and the Community Building Regulations and Usage Prescriptions:

• The basic fine imposed upon a first notice from the IGF shall be established at 5% of the value of work performed, or in the process of being performed.

• Unless the unapproved work is removed and the affected area returned to its original condition, should the work not immediately stop and an application not be submitted within 30 days, the IGF shall be allowed to levy a second fine.

• The second fine shall be equal to 10% of the value of such work if the value of the work is estimated at more than $2,000. If the value of the work is estimated to be less than $2,000, then the second fine shall be 15% of the estimated value of the work.

• Should the work progress without the approval of the IGF or the complete payment of the fine not be made, the IGF will be allowed to levy a monthly fine.

• The monthly fine shall be equal to 5% of the value of the work if the value of the work is estimated at more than $2,000. If the value of the work is less than $2,000, then the monthly fine shall be 10% of the value of the work.

The IGF shall not be required to give monthly notice or reminder of such monthly fines to a delinquent Owner.