Terms & Conditions

GENERAL CONDITIONS

The following general conditions will apply to the development plan of “Napa Valley Residences”

A. INTENDED USE:

The private parcels indicated in the development plan are intended for the construction of one detached dwelling with ancillary garage, maid’s room, and/or outbuildings. The private parcel shall only be used for occupation, so that use for commercial and industrial purposes, by whatever description or whatever name, and irrespective of the object, is not allowed. It is not allowed to have church gatherings on the parcels either. Using the home as a (para-)medical practice is allowed, though. In general, nothing may be carried out on the private parcel that is in violation of the character of “Napa Valley Residences” and/or may cause hindrance or nuisance to the owners and/or occupants of the adjoining parcels.

B. STRUCTURES:

The private parcel may not be split up.
Only one detached dwelling with a maximum of one apartment, with outbuildings belonging thereto, not intended for occupation, such as storerooms, garages, and the like, may be built on a private parcel.
The dwelling and/or apartment shall not be higher than two stories. The second floor, if any, shall not have windows, doors, and/or balconies at the left and right side of the dwelling in order to protect the neighbors’ privacy.
No condominium buildings, apartment buildings may be built on the private parcels of land.
All buildings shall be of a permanent nature. No temporary constructions, such as sheds, huts, tents, trailers, and the like, may be kept on the private parcel.
All roofs shall be provided with roof tiles (as roof covering).
A so-called flat roof is permitted, provided the roof covering is not visible from the road.
All constructions shall be made of solid materials. It is not allowed to make the fence or any (out-)building from pallets, zinc, aluminum, and/or board sheets. All roofs shall be provided with roof tiles.
Within four (4) years after the notarial transfer, the construction activities shall be commenced, which activities shall be completed within a maximum of one (1) year.
In case the dwelling is rented out, the clauses shall also be imposed on the tenant.
In the event of non-compliance with one of the aforementioned rules, a penalty not exceeding Afl. 25,000.- may be imposed per infringement, which shall be immediately payable without judicial intervention.

C. DUTIES AND PROHIBITIONS OF USE:

No animals other than pets may be kept on the private parcels, notably keeping goats, sheep, horses, cows, pigs, or other poultry/cattle is prohibited.
Keeping dogs and other animal species that constitute a danger or may constitute a danger to the safety of the residents of the development plan shall be strictly prohibited.
Without prejudice to the preceding provision, the following animal species and/or races are never permitted in a dwelling: rodents, reptiles, parrots, and dogs belonging to the following races: Pit bull Terriers, Fila Brasileiros, Presa Canarios, Huskies, Alaskan Malamutes. If one fails to comply with this rule, the animal concerned may be removed by or on behalf of Seller or the majority of the owners of the private parcels for account of the infringer.
No dirt may be deposited on private and utility parcels: dirt and other waste may only be put in containers that can be closed. No bulky waste, such as waste from construction work, car wrecks, discarded, unusable, or unused refrigerators, stoves, vehicles or vessels, household effects, and the like, may be stored and kept on a private parcel either.
The drainage of household waste water and excrements shall take place in concrete or fiberglass septic tanks or in a cesspool. It is allowed to have the water drainage from the washer and sink and the like take place in another way for the plants around the dwelling, and this shall be constructed in such a way that no nuisance and/or odor is caused to the parcels located in the development plan.
The owner and/or occupant of a private parcel shall compensate any damage caused by him, his family members, servants, and representatives to roads, sidewalks, and other facilities for public use, also the damage resulting from use of bulldozers or other heavy vehicles, as well as damage resulting from digging up the road for the construction of works for the parcel belonging to Buyer.

D. GENERAL PROVISIONS:

These standard conditions may be amended by entry of a notarial deed to this effect in the public registers, provided these amendments have been approved by the absolute majority of the owners of the private parcels.
The owners shall be properly convened for a decision to amend. The convocation shall contain the proposal for amendment.