Indigo Green Foundation

IMPORTANT GENERAL INFORMATION TO KNOW

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.

Subjects Addressed on this page

COMMUNITY ORGANIZATIONS

There are three community organizations of which all condominium owners at Indigo Green are legally required to be participants or members, while villa owners are required to be participants or members of the first two. These are:

1.

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.

Area Affected – All of Indigo Bay.

Purpose – The IBMF was required to be created mainly to collect the land lease rent on behalf of the owner of the land in Indigo Bay. Its secondary mission is to manage Indigo Bay's common areas and facilities, which include:

its roads (except for those in Indigo Green),
the maintenance of the areas around its roads,
Its storm water management areas,
its security personel and installations. and
adminstrate and regulate the construction with Indigo Bay.

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.

2.

The Indigo Green Foundation and the IG2 Foundation – All owners of Indigo Green are also required by law to be participants of the Indigo Green Foundation (the “IGF”) or the IG2 Foundation (the "IG2") for as long a they own a residence in Indigo Green.

Area Affected – All property within Indigo Green is encumbered by either the IGF or the IG2. In general,

all owners of villas or condos in the Ocean Drive Condominium Association are participants in the IGF, and
all owners of condos in the Green Way Condominium or the Beach Walk Condominium are participants in the IG2.

Purpose – The IGF was required to be created to collect the land lease rent on behalf of the owner of the land in Indigo Green. Its secondary mission is to manage Indigo Green's common areas and facilities, which include:

the roads within Indigo Green, including its street lighting,
the maintenance of the common areas including its landscaping,
its community pools and gym,
its sewage treatment systems,
Its storm water management facilities,
its security personel and installations, if any. and
to adminstrate and further regulate the construction and improvements with Indigo Green.

Various documents regulate this relationship. The IGF was established by the developer of Indigo Green.

Note – To keep the reading simpler, unless it is warranted to make a distinction, this website will usually only refer to the "IGF", however, this is normally meant to apply to either or both the IGF or the IG2 as the situation calls for.

3.

The Ocean Drive Condominium, the Green Way Condominium Association and the Beach Walk Condominium Association – While owners of the villas within Indigo Green are responsible for the maintenance and upkeep of the exterior of their villa, as well as its insurance, owners of condominiums (called "Right of Apartment" under Dutch law) are required by law to be members of their homeowners’ association ("HOA") for as long as they own a condominium.

Area Affected

Owners in buildings 1 through 4 along Ocean Drive are members of an association called “Ocean Drive Condominium”, or “ODC”,
Owners in buildings 5 through 7 and E and F between Ocean Drive and Green Way Drive are members of an association called “Green Way Condominium”, or “GWC”, and
Owners in buildings A through D and 8 between Indigo Bay Drive and Green Way Drive are members of an association called “Beach Walk Condominium”, or “BWC”.

Purpose – The HOAs were required to be created by Dutch law. Their mission is to manage and insure their buildings' areas and facilities, which include:

the maintenance of their exterior walls and roofs,
the maintenance of their common areas including its landscaping,
the long term maintenance and/or replacement of their buildings' exterior materials such al light fixtures, railings and tiles, and
the management of their property insuance.

Various documents regulate this relationship. The various HOAs were established by the developer of Indigo Green.

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 developer or the notary at the closing of a purchase, while others may not. Most of these documents are available for consultation and download on this website. 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 each of the Indigo Green Foundation and the IG2 Foundation

For each of the two foundations, there are the following documents:

The foundation articles establishing the foundation – also referred to as its Constitution (public record)
The foundation's easements (public record)
The foundation's Community Building Regulations and Usage Prescriptions, also know as the CBRUP (public record)
The foundation's General Bylaws
The foundation's Rules and Regulations

For each of the three Homeowners Associations

The Deed of Division establishing the HOA (public record)
The Plan of Division of the HOA (public record)
The HOA's General Bylaws
The HOA's Rules and Regulations

The above documents are available for review and download on the Governing Docs tab of this website.

REGULATORY DOCUMENTS

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:

1. 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.

2. 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.

3. 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

4. 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.

5. 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

6. 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.

DUES AND OTHER FINANCIAL OBLIGATIONS

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 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.

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 payments to the IGF.

Condominium HOA Payments and Dues

In a similar way that is applied to all IGF owners, the three HOAs (ODC, GWC and BWC) will collect from condo owners all payments that are due to their HOA.

BANKING INFORMATION

How to Pay

By Bank Tranfer

Payments from banks in SXM

Although we are also providing international wiring instructions to make your payment, we recommend all owners to make an online transfer directly from a SXM bank. This process is almost immediate and avoids most bank charges.
For such transfers, from your bank’s app or webpage simply send the funds to the Windward Islands Bank (US$) at the appropriate account number indicated below.

Payments from banks outside of SXM

Should you need to make a foreign transfer, please make sure you instruct your bank that the transfer/wiring fees should be payable by the sender (i.e. by you), otherwise you will be charged for any shortfall.
Please also note that despite such instructions, the intermediary bank usually charges an additional fee, as often does the receiving bank. In such event and since the amounts required and invoiced by the IG2 are net, any bank charges will be charged back to the respective owner.
To avoid this, you should add at least $20 to cover such intermediary fees. Should you overpay slightly, the credit will show on your next invoices.

Corresponding Bank:

Bank of America N.A.
100 SE 2nd Street, Nationsbank Tower
Miami, FL 33131 USA
Swift: BOFAUS3M

Beneficiary Bank:

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

Beneficiary:

Name: Indicate name of the appropriate foundation of HOA
Address: Ocean Drive No. 112, Indigo Bay, Sint Maarten
Account No.: Indicate the appropriate bank accout number as per Infomation indicated below

IMPORTANT

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.

By Cash

Should an owner wish to pay his invoice in cash, he or she may still do so by presenting the payment for deposit to the IGF’s bank account at any branch office of the Windward Islands Bank.
Please make sure that you have with you the account number of the foundation or HOA you need to pay.
The bank will be in a position to provide you with a receipt, which you should send to the IGF so that we can credit your account accordingly
Since many owners will be paying the same exact amount, please ensure that the bank's teller includes your name on the bank deposit.

By Check

Checks are no longer a legal form of payment in Sint Maarten

Which Account to Pay

Please send any and all payments to appropriate account according the the payment required:

81708610 USD

IG2 Foundation

82392704 USD

Beach Walk Condominium

82896308 USD

Green Way Condominium

82391500 USD

Ocean Drive Condominium

81938305 USD

NOTE

Please do not confuse the bank account number indicated on the invoice you need to pay with the one of the other foundations or condominium associations. They are separate and distinct legal and financial entities.
Since many owners will be paying the same exact amount, please ensure that your bank include your name in the memo section of the bank transfer.

CONTACT INFORMATION

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.

COMMUNITY SERVICES

The following services are provided in Indigo Green by either the Indigo Green Foundation or the IG2 Foundastion.

Community Facilities

Community Swimming Pools

Indigo Green currently features two community swimming pools. The first is located along Green Way Drive between villas 37 and 41, while the second one is located between Green Way Drive and Ocean Drive at the center of the community. A third community pool is planned above the garage building at the end of Ocean Drive.

Please familiarise yourselves with the rules of behavior and ask your guest to abide by them. Please also note that there are security cameras at the central (second) community pool which record all activities 24 hours per day.

Also,complementary WiFi service is available at the central (second) community pool.

Fitness Center

Indigo Green features a finess center located along Green Way Drive below the central community pool. For safety and liability reasons, a personalized access card is required to enter the facility, however it is accessible to Indigo Green residents 24 hours per day.

There are several cameras in the fitness center that record all activities.

Please bear in mind that as owners, you are responsible for any damage that occurs from your use of the facility. If you provide access to a guest and damage results from the guest's visit, you will be held financially reposnivble for such damages.

Please familiarise yourselves with the rules of behavior and ask your guest to abide by them.

Complementary WiFi service is also available at the central (second) community pool.

Landscaping Services

Landscaping Maintenance Services

For Common Area

The IGF and the IG2 will maintain and irrigate the landscaping on all their Common Areas, including in front of villas by the IGF. Please do not alter this landscaping in any way.

For 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.

For Condominiums

The condominium landscaping shall be maintained by the IGF or the IG2. Please do not alter this landscaping in any way.

Ownership of Landscaping

Ownership of the trees and plants differs according to the ownership of the land beneath.

IGF Common Area Landscaping

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

the land between the street and the edge of each villa lot;
for villas with odd numbered addresses – the land below the villas;
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
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:

the landscaping in the planters by each villa’s swimming pool;
for villas with odd numbered addresses – the landcaping in the planters along the edge of the villa’s southern exterior staircase; and
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.

Landscaping Tree and Plant Selection

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.

Sanitation

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.

Security

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.

Street Lights

All streetlights within Indigo Green are owned and maintained by the IGF and are powered at its expense. Should you notice a light malfunctioning, please advise the management of the IGF.

OBLIGATIONS AND RESTRICTIONS

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.

Lightbulbs 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.

Propane Gas

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 400-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.