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MAIN GOVERNING DOCUMENTS
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.
The master foundation is the Indigo Bay Master Foundation, often referred to as the “IBMF”. It operates over all property within Indigo Bay.
2.
Several sub-foundations in which various owners are participants depending on where their property is located.
Within Indigo Bay, there are several sub-foundations. More specifically within Indigo Green, there are two such sub-foundations,
* One is the Indigo Green Foundation (the “IGF”),
* while the other is the IG2 Foundation (the "IG2").
All owners within Indigo Green must be participants in one of these two foundations.
3.
When a residence in a condominium, i.e. an apartment withing a multi-story building, such units are known as "Right of Apartment" under Dutch law in Sint Maarten.
In such situations, the owners of such units must be members of its relevant homeowners' associations ("HOA").
Within Indigo Green, there are three such HOAs.
* The first is the Ocean Drive Condominium Association (the “ODCA”),
* the second is the Green Way Condominium Association (the "GWCA"),
* and the third is the Beach Walk Condominium Association (the "BWCA").
All owners within Indigo Green must be participants in one of these three HOAs
Therefore, all property owners within Indigo Green are participants in the IBMF and either the IGF or the IG2.
Also, owners of condominiums are by law 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.
In notarial format
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.
In notarial format
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
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
December 19, 2014
Amended filing in notarial format
March 2, 2016
Second amended filing in notarial format
December 14, 2017
Third amended filing in notarial format
October 3, 2019
Fourth amended filing in notarial format
Approved on February , 2024 and
recorded on November 27, 2024
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. It was further amended and approved at a Special Meeting of the Owners held on February 20, 2024. 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 GENERAL BYLAWS
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
IG2 FOUNDATION
The IG2 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 IG2
The IG2 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 October 3, 2019.
The Constitution sets the purposes and powers of the IG2 and the manner in which the IG2 will be operated, together with some of the obligations of its participants, which are all the owners in Indigo Green.
A copy of the registered articles of the Constitution is available here.
Shortlly after its recording, certain clerical errors were revealed that required the document to be promptly amended. No further amendments have since been made or recorded.
Original filing in notarial format
October 3, 2019
Corrected filing in notarial format
Current reformated in searchable version
THE IG2 EASEMENTS
Shortly after the Constitution was recorded with the Kadaster on February 25, 2020, 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 IG2, 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
Reformated in searchable version
THE IG2 CBRUP
Shortly after the Constitution was recorded with the Kadaster on February 25, 2020, the Community Building Regulations and Usage Prescriptions (referred to as the "CBRUP") were recorded that affect all properties (and therefore owners) within the IG2 Foundation area.
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
Reformated in searchable version
THE IG2 GENERAL BYLAWS
The General Bylaws of the IGF were adopted by the Board of Directors of the IGF on February 22, 2020. This 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 IG2 GENERAL BYLAWS
The Rules and Regulations of the IGF were adopted by the Board of Directors of the IGF on February 22, 2020. A copy of the Rules and Regulations is available here.
Searchable PDF of Rules and Regulations
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.
More specifically, it applies to the condominium apartments ("Rights of Apartments") on the hillside of Ocean Drive.
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
Current reformated in searchable version
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. No amendments have since been made or recorded.
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.
THE ODCA 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 summarizing this information together with the location and surface area of each unit is available here.
THE ODCA GENERAL BYLAWS
The General Bylaws of the ODCA were adopted on December 19, 2016. This document defines more precisely how the ODCA and its Board of Directors will be operated.
A copy of the general Bylaws is available here.
THE ODCA RULES AND REGULATIONS
The Rules and Regulations of the ODCA were adopted by the Board of Directors of the ODCA on December 19, 2016.
A copy of the Rules and Regulations is available here.
GREEN WAY CONDOMINIUM ASSOCIATION
The GWCA applies to all properties within the Green Way Condominium but not to the other property owners in Indigo Bay.
More specifically, it applies to the condominium apartments ("Rights of Apartments") located on the ocean side of Ocean Drive, but on the hillside of Green Way Drive – except for Building 8 which houses units 1Q, 2Q and 3Q.
These owners are also all participants in the IBMF and IG2.
THE DEED OF DIVISION OF THE GWCA
The GWCA 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 March 5, 2020. Upon the notary's request, a deed of repair was executed on March 27, 2020 and immediately recorded.
This deed sets the purposes and powers of the GWCA and the manner in which the GWCA 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 other amendments have since been made or recorded.
Repaired Deed in notarial format
Current version searchable version
THE SUBDIVISION PLAN OF THE GWCA
Prior to registration of the Deed of Division of the GWCA, a plan of the physical division was submitted for registration with the Kadaster of Sint Maarten. This plan received its first approval on November 21, 2019.
This plan defines the location, shape, surface area and numbering of each parcel of property within the GWCA.
At the request of the developer, the plan was modified wherein Building F was rotated on the site. This revised version was approved by Kadaster on June 25, 2020.
A copy of the revised registered plan is available here
THE GWCA UNIT SUMMARY LIST
As per the GWCA's Deed of Division, 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 garages.
A list summarizing this information together with the location and surface area of each unit is available here.
THE GWCA GENERAL BYLAWS
The General Bylaws of the GWCA were adopted by the Board of Directors of the GWCA on March 28, 2020. This document defines more precisely how the GWCA and its Board of Directors will be operated.
A copy of the Rules and Regulations is available here
THE GWCA RULES AND REGULATIONS
The Rules and Regulations of the GWCA were adopted by the Board of Directors of the GWCA on March 28, 2020.
A copy of the General Bylaws is available here
BEACH WALK CONDOMINIUM ASSOCIATION
The BWCA applies to all properties within the Beach Walk Condominium but not to the other property owners in Indigo Bay.
More specifically, it applies to the condominium apartments ("Rights of Apartments") located on the ocean side of Green Way Drive, but on the hillside of Ocean Drive – plus those in Building 8 which houses units 1Q, 2Q and 3Q. It also includes the garage building at the end of Ocean drive.
These owners are also all participants in the IBMF and IG2.
THE DEED OF DIVISION OF THE BWCA
The BWCA 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 April 11, 2023.
This deed sets the purposes and powers of the BWCA and the manner in which the BWCA 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
Current version searchable version
THE SUBDIVISION PLAN OF THE BWCA
Prior to registration of the Deed of Division of the BWCA, a plan of the physical division was submitted for registration with the Kadaster of Sint Maarten. This plan received its final approval on February 10, 2023.
This plan defines the location, shape, surface area and numbering of each parcel of property within the BWCA.
A copy of the revised registered plan is available here
THE BWCA UNIT SUMMARY LIST
As per the BWCA's Deed of Division recorded on April 11, 2023, 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 summarizing this information together with the location and surface area of each unit is available here.
THE BWCA GENERAL BYLAWS
The General Bylaws of the BWCA were adopted by the Board of Directors of the BWCA on April 17, 2023. This document defines more precisely how the BWCA and its Board of Directors will be operated.
A copy of the General Bylaws will be available here soon
THE BWCA RULES AND REGULATIONS
The Rules and Regulations of the BWCA were adopted by the Board of Directors of the BWCA on April 17, 2023.
A copy of the Rules and Regulations will be available here soon