Vacant lots and buildings under construction

The Board of Directors requires that owners of vacant lots or incomplete construction be made aware of the terms of the Restrictive Covenants and are hereby served notice to remedy any breaches before December 29th, 2010. In accordance with the License Agreement, the Licensee shall be liable ‘to pay all costs and expenses (including Attorney’s fees) incurred by the Licensor for the purpose of or incidental to the preparation and service of a notice requiring the Licensee to remedy a breach of any covenants or conditions on the part of the Licensee contained herein.’ Specifically, breaches of the following Restrictive Covenants have been observed:

24 No burning or incineration of any trash, garbage, garden cuttings or other rubbish shall be permitted on any lot. No trash, garbage or other rubbish shall be permitted to accumulate on any lot otherwise than in a container or containers provided therefore by the owner and shall not ordinarily be visible from the street or waterways and if after Thirty (30) days’ notice the owner shall fail or refuse to keep his lot free of refuse piles or other unsightly objects then the Vendor may enter upon the lot and remove the same at the expense of the owner and such entry shall not be deemed a trespass.

25 No trailer boat recreational vehicle tent tree house or other similar out-building structure or article shall be placed on any lot at any time either temporarily or permanently that is not adequately screened so that is not ordinarily visible from the street or waterways.

27 No owner shall allow any structure on his lot to fall into a state of disrepair nor weeds, under brush or unsightly growth to remain thereon and all garden areas shall be landscaped groomed and maintained in a reasonable manner and all walls roofs and other structures whatsoever properly painted and decorated in keeping with the high standards of the Sandyport Development as a whole. If the owner shall fail to maintain his structures or landscaping after notice in writing then the Vendor may enter upon the lot and undertake necessary repairs or landscaping at the expense of the owner and such entry shall not be deemed a trespass.

29 No building or other structure shall remain unfinished for more than One (1) year after the same shall be commenced.

4 thoughts on “Vacant lots and buildings under construction”

  1. I like Mr Sanders built early (on Poinciana Cay) in the belief that those deferring would be required to maintaion their plots to a minimum standard so as not to adversely affect those who built.

    That certainly influenced my decison so I am therefore pleased/relieved to see that enforcement is at last being being taken. Let’s hope it is carried through and proves to be effective.

  2. Unfortunately not all owners have fulfilled their legal obligations regarding the grassing of lots and maintenance/completion of properties.
    For those of us that have it was particularly galling to be told by the previous administration that there would be no enforcement of these contractual obligations, putting us at a severe disadvantage to the rest of Sandyport.
    Unfortunately this has not been reflected in the monthly fees which again I urge the new administration to look at.
    They are to be commended,however, in legally enforcing those who seek to dodge their obligations and we have ben impressed with the new approach taken by those new to board.

  3. May I firstly commend you on taking relevant and legal steps to ensure that breaches are remedied. As the owner of 2 properties at Poinciana Cay, we were one of the first to commence construction on phase 5.

    In the knowledge that vacant lots would be landscaped within 1 year or built upon within 5 years we anticipated the whole area to be well manicured and aesthetically pleasing to the eye well before now. The failure of many Lot owners to meet their contractual obligations has been detrimental to us to find a tenant or achieve good returns and values on investment.

    I have previously requested that enforcement action be taken, and am very happy to note this is finally the case. I can only hope that the terms of the Notices are followed through by SHOA and landscaping of vacant Lots and completion of stalled projects becomes a reality, which can only be of benefit to all residents and property owners in Sandyport.

    Well done to the Board for taking the initiative to ensure we maintain Sandyport to its full potential and thereby endorse the development to be the #1 place to reside.

    Here’s to the success of the Notices and the commencement of all necessary works. The future’s Bright !

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