Deed of Restrictions, Covenants and Conditions

The Bamboo Grove at Anvaya Cove

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Table of Contents
Introduction…. ...........................................................................................................................4
The Declarant . . ………………………………………………………………………………………...5
The Homeowners’ Association ..................................................................................................5
The Anvaya Cove Association....................................................................................................5
The Design Review Committee ..................................................................................................5
Article I. Construction and Definition of Terms ...............................................................6
Article II. Conditions of Ownership, Use, and Occupancy ................................................8
Article III. Buildings and Architecture ..............................................................................10
A. Architectural Style ..................................................................................10
B. Type of Materials ....................................................................................10
C. Cost of Dwelling Unit .............................................................................11
D. Building Height.......................................................................................11
E. Site Coverage ..........................................................................................11
F. Setbacks...................................................................................................11
G. Basements and Other Below-Grade Structures ......................................14
H. Water Tanks ............................................................................................14
I. Roofing....................................................................................................14
J. Cutting and Filling..................................................................................15
K. Parking....................................................................................................18
L. Satellite Dish...........................................................................................18
M. Fenestrations/Windows...........................................................................18
N. Lighting ...................................................................................................18
O. Poles, Posts and Similar Structures........................................................18
P. Fences .....................................................................................................18
Q. Guard Posts ............................................................................................20
R. Village Access .........................................................................................20
S. Vehicular Entrances, Driveways and Access..........................................20
T. Pedestrian Gate ......................................................................................21
U. Solar Collectors ......................................................................................21
Article IV. Landscape ........................................................................................................21
A. Landscape Area ......................................................................................21
B. Maintenance............................................................................................21
C. Sidewalk planting....................................................................................22
D. Recommended Plant Palette ...................................................................22
Article V. Construction.....................................................................................................22
A. Soil Conditions........................................................................................22
B. Approval of Plans ...................................................................................22
C. Construction Works ................................................................................22
D. Construction Guarantee Deposit ............................................................23
E. Development Fee ....................................................................................23
Article VI. Design Review Committee ...............................................................................23
A. Composition ............................................................................................23
B. Term ........................................................................................................23
C. Powers and Functions.............................................................................24
D. Meetings..................................................................................................24
E. Liability ...................................................................................................24
Article VII. Utilities and Drainage ..........................................................................................25
Article VIII. Power Generating Sets ........................................................................................25
A. Approvals and Government Regulation..................................................25
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B. Location and Other Abatements .............................................................25

Article IX. Maintenance.....................................................................................................26
Article X. Streets and Common Areas..............................................................................27
Article XI. Maintenance Easement ....................................................................................28
Article XII. Ownership, Resale or Lease of Lots...............................................................28
A. Essential Requirement for Ownership of Lots ........................................28
B. Sale or Disposition of the Lot .................................................................28
C. Public Auction.........................................................................................28
Article XIII. Annexation .........................................................................................................29
Article XIV. Other Developments at Anvaya Cove Seaside Leisure Community ....................30
Article XV. Enforcement of Restrictions.............................................................................30
Article XVI. No Waiver ........................................................................................................31
Article XVII. Use of Name.....................................................................................................31
Article XVIII. Interpretation ...................................................................................................31
Article XIX. Separability ......................................................................................................31
Article XX. Amendments .....................................................................................................31
Article XXI. Period of Restrictions ......................................................................................32
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Introduction
Located at Barangay Sabang, Morong, Bataan, The Bamboo Grove at Anvaya Cove is being developed as a
high quality, exclusive, residential resort village which shall be comprised of low-density single detached
houses, landscaped parks, tree-lined streets and scenic open spaces. At completion, The Bamboo Grove at
Anvaya Cove will form part of a residential subdivision called The Neighborhoods at Anvaya Cove which,
in turn, shall form part of a pleasant and special community which is Anvaya Cove Seaside Leisure
Community, a leisure-oriented development where land uses and amenities complement and reinforce one
another within a socially cohesive and environmentally sensitive framework of development that will forge
family bonding memories through a unique natural experience where the mountains meet the sea.

In furtherance of the plans for development, the developers of The Bamboo Grove at Anvaya Cove intend
to sell and convey lots therein only to shareholders and/or members of any membership club established or
to be established by the Declarant within the Anvaya Cove Seaside Leisure Community, subject to this
Deed of Restrictions, Covenants and Conditions. This Deed of Restrictions, Covenants and Conditions is
intended to cause any development within The Bamboo Grove at Anvaya Cove to complement and draw
attention to the rich variety of rugged coastal, highland and forested environment. Thus, in order to sustain
over the long term the high level of quality envisioned for Anvaya Cove Seaside Leisure Community and
The Neighborhoods at Anvaya Cove in general, and The Bamboo Grove at Anvaya Cove in particular, this
Deed of Restrictions, Covenants and Conditions are hereby declared in order to:

• Safeguard every individual’s health, safety and welfare through establishing and sustaining a safe,
livable and pleasant community.
• Secure to each property owner the full benefit and enjoyment of its property with no greater restriction
than is necessary to ensure the same advantages to other owners.
• Assure residents that the intended land use and character of their neighborhood will be preserved,
protecting their right to access, ventilation, view, utility service and privacy.
• Maintain the high aesthetic standards that make The Bamboo Grove at Anvaya Cove an attractive and
desirable place to live in.
• Allow property owners to create architecturally unified houses with unique interior spaces and private
gardens that reflect the natural coastal and highland elements and which adapt to the tropical climate
and is carefully integrated into the natural landscape of The Bamboo Grove at Anvaya Cove.
• Prevent nuisances and the deterioration of neighborhoods that inevitably follow a “let people do
whatever they want” philosophy of construction, maintenance and property use.
• Protect property values by ensuring that only compatible developments and densities will be located
within the area.
• Preserve the exclusive character of the neighborhood and promote closeness among residents by
restricting ownership of lots within The Bamboo Grove at Anvaya Cove to shareholders and/or
members of record of any membership club established or to be established by the Declarant within the
Anvaya Cove Seaside Leisure Community.
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The Declarant

The Declarant, Ayala Land, Inc., is the co-developer of a specific controlled real estate development known
as The Bamboo Grove at Anvaya Cove, which shall constitute a phase of The Neighborhoods at Anvaya
Cove, located in the Anvaya Cove Seaside Leisure Community, Barangay Sabang, Morong, Bataan.

The Declarant, together with its co-developer, Subic Bay Development and Industrial Estate Corporation,
intends to sell and convey the Lots within The Bamboo Grove at Anvaya Cove and to impose upon these
Lots mutually beneficial covenants and restrictions under a general plan or scheme of development that
enhances and preserves the unique balance of the built and natural environment for the benefit of the
owners and future owners thereof. The Declarant hereby declares that all the Lots within The Bamboo
Grove at Anvaya Cove are held and shall be held, conveyed, hypothecated, encumbered, leased, rented,
used, occupied and improved, subject to the covenants, conditions and restrictions herein stated. All of said
covenants, conditions and restrictions shall run with the Lots and shall be binding on all parties having or
acquiring any right, title or interest to the Lots, whether as sole owner, joint owners, mortgagee, lessees,
tenants, occupants or otherwise.

All the provisions of this Deed of Restrictions, Covenants and Conditions constitute an essential
consideration of the sale of the Lots and shall be annotated on their corresponding certificates of title as
voluntary liens and encumbrances.

The Homeowners’ Association

Owners of Lots or their subsequent successors-in-interest are required to be, and shall automatically be,
members of the Homeowners’ Association to be established for The Bamboo Grove at Anvaya Cove, and
other phases of the subdivision called The Neighborhoods at Anvaya Cove, and must abide by the rules and
regulations laid down by the Homeowners’ Association in the interest of sanitation, security, aesthetics,
environmental considerations and the general welfare of the community. Without limiting the generality of
the foregoing, the Homeowners’ Association shall perform the duties in relation to the enforcement of the
restrictions set forth in Articles II-H to II-Q, VII, VIII, IX, X, XI and XII of this Deed of Restrictions. The
Homeowners’ Association is authorized to make assessments to meet its expenses that will constitute a lien
on the Lot, junior only to liens of the government for taxes and voluntary mortgages for sufficient
consideration entered into in good faith. Prior to the organization of the Homeowners’ Association, the
rights and obligations of the Homeowners’ Association as stated in this Deed of Restrictions (including,
where applicable, the grant of consents or approvals) shall be exercised by and pertain to the Declarant in
the manner and to the extent indicated herein.

The Anvaya Cove Association

The Homeowners’ Association shall automatically become a member of the Anvaya Cove Association to be
subsequently formed for Anvaya Cove Seaside Leisure Community development. The Anvaya Cove
Association will be responsible for the administration of shared amenities, roads and facilities of Anvaya
Cove Seaside Leisure Community and the over-all monitoring, control and compliance of the organization
of homeowners and locators and all organizations within Anvaya Cove Seaside Leisure Community with
respect to, but not limited to, sanitation, security, environmental considerations and the general welfare of
the community. The Anvaya Cove Association is authorized to make assessments to meet its expenses for
the necessary functions it has to perform. The rights and obligations of the Anvaya Cove Association may
be exercised by the Declarant prior to the organization of the Anvaya Cove Association.

The Design Review Committee

A Design Review Committee shall be established by the Declarant pursuant to Article VI hereof to ensure
compliance of the construction of the Buildings and related structures and improvements on the Lots and
Common Areas with the applicable restrictions, covenants and conditions of this Deed of Restrictions.
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Without limiting the generality of the foregoing, the Design Review Committee shall perform the duties in
relation to the interpretation and enforcement of the restrictions set forth in Articles II-A to II-G, III, IV and
V of this Deed of Restrictions. In establishing the Design Review Committee, it is the objective of the
Declarant to encourage the creation of visually stimulating structural designs while evoking a unified and
consistent architectural style and character throughout The Bamboo Grove at Anvaya Cove in the manner
described in Article III-A. Prior to the organization of the Design Review Committee, the rights and
obligations of the Design Review Committee as stated in this Deed of Restrictions (including, where
applicable, the grant of consents or approvals) shall be exercised by and pertain to the Declarant in the
manner and to the extent indicated herein.

Article I. Construction and Definition of Terms

References herein to Articles, Figures and Annexes are to, respectively, sections of, figures and annexes to,
this Deed of Restrictions. Article headings are for ease of reference only. Figures are used only to illustrate
intent. Words importing the singular include the plural and vice versa; words importing gender include
both genders and the neuter and vice versa, and references to persons include bodies corporate.

Whenever used in this Deed of Restrictions, the following terms shall have the following meanings unless
the context indicates otherwise:

“Anvaya Cove Association” shall mean a non-stock, non-profit association to be constituted and organized
by the Declarant pursuant to the laws of the Republic of the Philippines, the membership of which shall
consist of the duly constituted associations or organizations of homeowners or locators of developments
within Anvaya Cove Seaside Leisure Community.

“Board of Trustees” shall mean the duly elected Board of Trustees of the Homeowners’ Association.

“Basement” shall mean the lowest portion of a Dwelling Unit that is either partly or entirely below the
Original Ground Level.

“Building” shall mean any structure, permanent or otherwise, including a Dwelling Unit.

“Building Footprint” shall mean the footprint of a Building measured from and including the outermost
horizontal projection of the Building up to and including the opposite outermost projection of the Building
on each side thereof.

“Common Area” shall mean an area of land shown on any recorded subdivision plan of the Property, other
than a Lot, which is intended to be used and enjoyed in common by the Owners (see Illustration I-A). The
term shall include, without limitation, any village road, drainage area, easement for roads, landscaping,
walkway, parking area, path and utility easements, and any improvements now or hereafter constructed
thereon such as, but not limited to, a street, lighting system, signage, structure and landscaping thereon, any
Surface Water/Storm Water Management System, and all personal property and real property, including
easements and licenses, leaseholds or other real property interest, including any improvement thereon, to be
owned or maintained by the Homeowners’ Association following its organization for the common use and
enjoyment of the members of the Homeowners’ Association, their families, guests and persons occupying
Dwelling Units on a guest or tenant basis to the extent authorized by this Deed of Restrictions or the Board
of Trustees.
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Common Area
Illustration I-A

“Declarant” shall mean Ayala Land, Inc., a corporation duly organized and existing under laws of the
Republic of the Philippines, its successors and assigns.

“Declarant’s Assignee” shall mean either: (i) the Homeowners’ Association, or (ii) the Design Review
Committee, which shall act as the successor-in-interest or assignee of the Declarant for purposes of
enforcing the restrictions, covenants and conditions imposed by this Deed of Restrictions. No entity shall
be considered a successor-in-interest or assignee of the Declarant unless said status is evidenced by a
written instrument executed by the Declarant appointing said entity as such.

“Deed of Restrictions” shall mean this Deed of Restrictions, Covenants and Conditions, and any
amendment and supplement hereto.

“Design Review Committee” shall mean the committee to be established by the Declarant pursuant to
Article VI hereof.

“Dwelling Unit” shall mean a single family, detached, enclosed and permanent residential structure which
is intended to be used for habitation and containing facilities for living, sleeping, cooking and eating.

“Floor Area Ratio” shall mean the ratio between the Gross Floor Area of a Building and the area of the Lot
on which it stands.

“Gross Floor Area” shall mean, with respect to a particular Building, the area encompassing the entire
perimeter of the Building, measured from the outermost external wall of said Building, including the main
structure of the Building, as well as all components thereof, the ground floor, and all floors below and
above the ground floor of the Building.

“Highest Original Ground Level” shall mean, with respect to a particular Lot, the elevation of the highest
corner of the Lot independent of other adjacent Lots and/or areas as determined by the Declarant or the
Design Review Committee prior to the commencement of any construction on the Lot by the Owner.
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“Homeowners’ Association” shall mean the non-stock, non-profit organization to be constituted and
organized under and pursuant to the laws of the Republic of the Philippines to be established for the
residential subdivision called The Neighborhoods at Anvaya Cove, and its successors and assigns.

“Leisure Clubs” shall mean the membership clubs within Anvaya Cove Seaside Leisure Community
incorporated and organized and/or to be incorporated and to be organized by the Declarant for the
amusement, entertainment, recreational and athletic activities of its members.

“Lot” shall mean any plot of land shown in the subdivision plan and designated as a numbered subdivision
lot for residential purposes or, as the context permits, a lot resulting from the consolidation of two (2) or
more Lots in accordance with Article II-A hereof. The term shall exclude any Common Area.

“Lowest Floor Level of the Building” shall mean, with respect to a particular Building, the lowest usable or
habitable level of the Building as determined by the Declarant or the Design Review Committee.

“Original Ground Level” shall mean, with respect to a particular Lot, the original elevation of a Lot
independent of other adjacent Lots and/or areas of the Village as determined by the Declarant or the Design
Review Committee prior to the commencement of any construction on the Lot by the Owner.

“Original Street Level” shall mean, with respect to a particular Lot, the original elevation of the corner of
the Lot adjoining the street independent of other adjacent Lots and/or areas of the Village as determined by
the Declarant or the Design Review Committee prior to the commencement of any construction on the Lot
by the Owner.

“Owner” shall mean any property owner, co-owner, joint owner, mortgagee, lessee, tenant or occupant of a
Lot.

“Property” shall mean the land encompassed by the Village, including any land which is annexed by the
Declarant as part of the Village.

“Residence” shall mean, collectively, the Lot and the Dwelling Unit constructed thereon for which a
certificate of occupancy has been issued by the relevant governmental agencies.

“Site Coverage” shall mean the ratio of the Building Footprint in relation to the total area of the Lot
designated as a percentage of the total area of the Lot.

“Surface Water/Storm Water Management System” shall mean the system which is designed and
constructed or implemented to control storm water discharges, which are necessitated by rainfall events,
incorporating methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or
reduce flooding, over-drainage, environmental degradation and water pollution or otherwise affect the
quantity and quality of discharges from the system, as permitted pursuant to any and all applicable law or
governmental regulation.

“Village” shall mean The Bamboo Grove at Anvaya Cove.

Article II. Conditions of Ownership, Use, and Occupancy

A. A Lot shall not be subdivided. However, two (2) or more Lots may be consolidated and re-
subdivided into not more than the original number of Lots prior to consolidation; provided that,
none of the resulting Lots shall be smaller in area than the area of the smallest Lot before
consolidation. In all cases, the consolidation/subdivision plans shall be duly approved by the
Declarant or the Design Review Committee (as applicable) and the proper government offices or
agencies prior to consolidation/subdivision. In case a Dwelling Unit will be constructed on two (2)
or more Lots, these Lots are to be consolidated prior to construction; provided that, all these Lots
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shall be considered as a single Lot for the application of this Deed of Restrictions.

B. Except for the Lot identified by the Declarant for temporary use as a showroom for marketing
purposes, all Lots shall be used exclusively for residential purposes. The term “residential
purposes” as used herein shall be held and construed to exclude hospitals, clinics, duplex houses,
apartment houses, schools, boarding houses, hotels, and commercial and retail uses, all such uses
being expressly prohibited.

C. Only one (1) Dwelling Unit for a single family shall be constructed on a single Lot. However, two
(2) or more Lots may be used for the construction of a single Dwelling Unit; provided that, the Lots
shall be consolidated in accordance with Article II-A, thereby being considered a single Lot for
purposes of the application of this Deed of Restrictions.

D. A greenhouse, gazebo, trellis, bathhouse and the like may be built detached from the Dwelling Unit
subject to the approval by the Declarant or the Design Review Committee (as applicable) of the
design thereof; provided that, the same is only one (1) storey in height, of an ornamental character,
shall not be used for habitation, and shall be built in accordance with setback requirements. In the
event that a greenhouse, gazebo, trellis, bathhouse or the like is constructed on a Lot, it shall be
finished utilizing substantially the same materials as the Dwelling Unit constructed on the same
Lot.

E. No trailer, shack, barn or other outbuilding shall be erected on the Lot at any time other than those
used as temporary construction facilities for the erection of the Dwelling Unit; nor shall any
structure of a temporary character be used as the Dwelling Unit.

F. Any Building to be constructed, erected or installed on a Lot shall be designed in such a manner
which will ensure that utility areas, such as laundry area, clothes-drying area, outdoor kitchen and
the like, shall not be visible from a Common Area or adjacent Lot and shall be properly screened
from public view at all times.

G. The construction, installation or utilization of a water well, deep well or artesian well within a Lot
shall not be allowed.

H. If a Dwelling Unit or Building located within a Lot is totally destroyed or rendered uninhabitable
by fire, wind, rain or any other disaster, or is condemned by the government, then the Owner of the
Lot shall commence repair, restore or rebuild the structure within twelve (12) months from the date
of occurrence of the disaster or condemnation, or remove the damaged structure and clean the Lot
of debris within six (6) months from the date of occurrence of the disaster or condemnation;
provided that, in cases where the damaged structure becomes a health or safety hazard, the Owner
of the Lot must remove, repair, restore or rebuild the structure within a reasonable period as
determined by the Declarant or the Homeowners’ Association (as applicable), otherwise the
Declarant or the Homeowners’ Association (as applicable) may after three (3) days’ prior written
notice undertake the removal of the damaged structure charging the costs and expenses incurred
therefore to the Owner .

I. No animals shall be maintained on a Lot, except that domestic pets of such kind and in such
numbers may be kept on a Lot subject to regulation and control of the Homeowners’ Association;
provided that, where so allowed by the Homeowners’ Association, dogs must be confined to the
premises of the Lot and not allowed to roam around the Village, except when under leash; provided
further that, the raising or keeping of hogs, horses, poultry, fowls or of other livestock, and
venomous or ferocious animals on any part of the Village is strictly prohibited. Each Owner shall
be required to take all reasonable measures to ensure that noise brought about by said Owner’s
pet(s) is minimized. Injury or harm inflicted by a pet will be the responsibility of the Owner.
Regular vaccinations of pet(s) and proper pet cleanliness are required of each Owner.

J. No Lot shall be used as a distribution point for commercial goods.

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K. No Lot or any part thereof shall be used for vicious, illegal, immoral or offensive activity such as,
but not limited to, gambling, distribution of contraband and the like nor for any purpose in violation
of national or local laws and regulations, or police, health, sanitary, building or fire code
regulations or instructions relating to or affecting the use or occupancy or possession of any Lot or
the Property.

L. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other
wastes shall be kept in sanitary containers. All equipment for the storage or disposal of such
material shall be kept in a clean and sanitary condition.

M. No activity shall be permitted to exist or operate on any Lot which may be or become detrimental to
the utilization by any Owner of its Lot or which may be or become an annoyance or nuisance to
residents in the Village.

N. Hazardous, flammable, noxious, toxic and explosive items, such as, but not limited to, firecrackers,
gasoline and chemicals are prohibited from being stored and/or kept within a Lot.

O. Commercial or advertising signs shall not be placed, constructed or erected on a Lot. A name plate
and/or professional sign of the Owner may, however, be permitted for as long as such sign does not
exceed 30 x 60 centimeters in size.

P. No weeds, underbrush or other unsightly growths shall be permitted to grow or remain upon any
part of the Lot and no refuse, pile or unsightly objects shall be allowed to be placed or suffered to
remain anywhere thereon.

Q. In the utilization and development of the Lot, each Owner shall give importance to environmental
management and preservation in accordance with the guidelines that will be established by the
Declarant and the Homeowners’ Association for this purpose.

Article III. Buildings and Architecture

A. Architectural Style

Each Building or Dwelling Unit to be constructed on a Lot shall be of a Tropical Asian architecture and
character. As used herein, “Tropical Asian architecture and character” shall mean contemporary
interpretation of traditional Asian residential and resort architectural forms using locally available materials
that are consistent with the context and principles associated with the Southeast Asian region which would
include the territories of the Indo-Chinese Peninsula, the Philippines, the Indonesian archipelago, and the
insular regions of Brunei, Malaysia and Singapore.

Buildings or Dwelling Units which are not of a Tropical Asian architecture and character such as, but not
limited to, European architecture, American architecture, log cabins, Mediterranean-style architecture,
Chinese pagoda, minimalist-modern design, tree-house style architecture and Swiss chalets are not allowed
to be constructed on a Lot. The Declarant or the Design Review Committee (as applicable) reserves the
right to determine whether a specific design or architectural detail conforms to the requirement under this
Article III-A.

B. Type of Materials

Each Dwelling Unit should be made of sturdy materials and of such make and quality characteristic of
Tropical Asian architecture and character. All materials used for the construction of the Dwelling Unit
should be reasonably termite-proof and rust-proof to withstand seaside humidity and salt content of the
atmosphere. Use of local and natural materials is encouraged.
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Exterior finishes of the Dwelling Unit or Building should consist in any of the following materials: wood,
stucco, concrete units, natural stone and other similar finishes; provided that, such materials shall appear to
be natural and not man-made. Exterior finishes should be of white and earth tones; provided that, subtle
accent color shall be allowed. Other than for accent purposes only, bright-colored exterior finishes may not
be used. Exterior finishes on walls of a Dwelling Unit or Building shall be limited to one (1) or two (2)
materials.

C. Cost of Dwelling Unit

The minimum cost of construction of each Dwelling Unit to be constructed on a Lot shall be Pesos: Four
Million (P4,000,000.00), subject to periodic adjustments as may be made by the Declarant by written notice
to the Owners.

D. Building Height

All Buildings shall not be higher than nine (9) meters measured vertically from the Highest Original
Ground Level to the highest point of the structure as determined by the Declarant or the Design Review
Committee (as applicable). No part of the Building shall be higher than fourteen (14) meters measured
vertically from the Original Ground Level (see Illustration III-A).

Illustration III- A

E. Site Coverage

The Dwelling Unit and all Buildings within the Lot shall have a Site Coverage not exceeding thirty-five
percent (35%).

F. Setbacks

1. Dwelling Unit and Other Buildings

a. A Dwelling Unit or any Building, including garages, servants’ quarters and/or parts
thereof, within a Lot from the list below, must be constructed at a distance no less
than the distance determined by the following setbacks measured from the property
lines into the Lot (see Illustration III-B):

Block No. Lot No.

1 1, 2, 3, 5, 6
2 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23
3 1, 2, 3
5 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22
 Page 12 of 32

6 1, 2, 3, 5, 6, 7, 8, 9, 10, 11

Setbacks:
i. Property lines fronting a street: 5.00 meters
ii. Property lines fronting a park or open space: 5.00 meters
iii. Property lines fronting an adjacent Lot: 2.50 meters
iv. Property lines fronting an easement: 3.00 meters

Illustration III-B

b. A Dwelling Unit or any Building, including garages, servants’ quarters and/or parts
thereof, within a Lot from the list below, must be constructed at a distance no less
than the distance determined by the following setbacks measured from the property
lines into the Lot (see Illustration III-C):

Block No. Lot No.

3 5, 6, 7, 8, 9, 10, 11, 12

Setbacks:
i. Property lines fronting a street: 5.00 meters
ii. Property lines fronting a park or open space: 5.00 meters
iii. Property lines fronting an adjacent Lot: 2.50 meters
iv. Property lines fronting an easement: 5.00 meters
 Page 13 of 32

Illustration III-C

2. Ancillary Structures

a. Outdoor swimming pools, jacuzzis and the like are allowed only along the sides of a
Lot not directly fronting a street and shall not encroach on the setback areas of the Lot.
Swimming pools, jacuzzis and any elevated permanent structure appurtenant to a
swimming pool such as diving boards or water slides shall not encroach on the setback
areas and shall not be more than one (1) storey in height.

b. Freestanding landscape structures such as pool cabanas, barbecue areas, trellises,

gazebos, play equipment and the like are not allowed to encroach within the setback
areas and shall not be more than one (1) storey in height. Barbecue pits are not allowed
flushed to the Building line. Style, materials and colors of these structures are also
required to conform to Articles III-A and III-B.

3. Roofs and Eaves

Roofs or eaves may be allowed to project beyond the setback area of a Lot; provided that, the roof
or eave shall extend not more than one (1.0) meter into the prescribed setback area (see Illustration
III-C). In the case of nipa or buri roofs, the roof or eave is not allowed to extend into the
prescribed setback area.
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Illustration III-C

G. Basements and Other Below-Grade Structures

Basements and other structures that are below grade are not allowed within the Lot.

H. Water Tanks

Subject to the prohibition under Article II-G, water tanks for storage of water may be erected within the Lot
upon obtaining prior written approval of the Declarant or the Design Review Committee (as applicable).
Above ground and overhead tanks are prohibited, unless constructed within the building/structure and shall
not be visible from public view. Water tanks should be properly screened from public view at all times.

I. Roofing

Only purely single-pitched roofs or single-pitched roofs combined with flat roofs are allowed. Irregularly
shaped roofs such as mansard or dome roofs are prohibited. Flat roofs must comprise no more than thirty
percent (30%) of the total roof area. Flat roofs can be usable deck space. Except for the flat roof area, a
roof pitch should not be greater than forty-five (45) degrees and not less than twenty-five (25) degrees (see
Illustration III-D).
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Illustration III- D

Roofing materials shall consist of non-reflective materials and shall be limited to any of the following:
asphalt shingles, wood shakers, ceramic tiles or materials with equivalent look. Nipa and buri may be
allowed for the main structures, but with the conditions that (i) provision should be made for fire protection
and mitigation (e.g., automatic sprinkler system) and (ii) its eaves should not project into the setback area.
Galvanized iron roof sheets are not allowed, unless used as sub-roofing and is properly concealed by the
prescribed roof materials for the main roof.

The colors of roofing materials shall be in earth tones (warm palette) in shades of grey, brown, grey-brown,
grey-green and brown green. Reflective roof finishes are not allowed. Flat, corrugated and ridge-type metal
roofing are also not allowed.

J. Cutting and Filling

All cuts and fills shall be contained using retaining walls, rip-rap or other slope protection measures
approved in writing by the Declarant or the Design Review Committee (as applicable).

Cuts are allowed to abut property lines; provided that, the cut shall not exceed one and two-tenths (1.2)
meter below the Original Ground Level of the property line (see Illustrations III-E.1 to III-E.5).

No single retaining wall fronting a street, Lot or Common Area shall be higher than one and two-tenths
(1.2) meters measured vertically from the Original Ground Level to the top of the retaining wall (see
Illustrations III-E.1 to III-E.5).

Drainage outlets and other facilities are to be installed to prevent water from flowing or seeping into
adjacent Lots.

All forms of cutting and filling are subject to the written approval of the Declarant or the Design Review
Committee (as applicable).

It shall be the responsibility of the Owner to determine the stability of the soil within the Lot prior to
construction and to provide appropriate mitigating measures against any instability. All compaction,
embankments, retaining walls, slope protection or other engineering works necessary to protect the Lot and
adjacent properties from landslide, soil erosion, water seepage or other soil instability shall be the
responsibility of the Owner.
 Page 16 of 32

ALLOWED
Illustration III- E.1

NOT ALLOWED
Illustration III- E.2
 Page 17 of 32

ALLOWED
Illustration III- E.3

NOT ALLOWED
Illustration III- E.4

Illustration III- E.5

 Page 18 of 32

K. Parking

The Owner of each Lot shall provide within its Lot such space as is sufficiently usable to park a minimum
of two (2) vehicles. These private parking spaces may or may not be enclosed and each shall have
minimum dimensions of two and eight-tenths (2.8) meters by five (5.0) meters. Enclosed/roofed parking
shall not encroach the setback areas. Tent structures are prohibited.

Boats and other watercrafts including, but not limited to, jet skis and speedboats should be stored inside the
Lot at all times, whether or not in an enclosed structure, and should not be parked along the streets,
sidewalks, vacant lots and other Common Areas which are otherwise not designated as common parking
areas. Enclosures should always be architecturally treated and should use the same type of material or
finish as that of the Dwelling Unit.

L. Satellite Dish

Exterior installation of satellite dishes exceeding twenty-four (24) inches in diameter shall require the prior
written approval of the Declarant or the Design Review Committee (as applicable). These structures should
be screened from public view at all times.

M. Fenestrations/Windows

The façade of the Dwelling Unit which is fronting a street should have fenestrations, windows or openings
on at least twenty percent (20%) of the surface of the façade. Earth tone colors for window framing should
be used.

N. Lighting

The façade of the Dwelling Unit or any Building within the Lot fronting a street must be treated with
architectural lighting of uniform color. Indirect lighting should be used to minimize unnecessary glare.

In order to minimize disturbance to turtle-nesting, lighting should not be directed or focused towards the sea
and should be properly treated to minimize unnecessary glare. Low lights for outdoors and indirect lighting
and/or blinds for indoors should be used.

Lighting fixtures should be environment-friendly and energy-saving.

O. Poles, Posts and Similar Structures

Any structure intended to be used as an electrical or telecommunication connection is prohibited from being
installed within the boundaries of the Lot. All utility lines and connections are to be located at least one
(1.0) meter underground.

P. Fences

Prior written approval must be secured from the Declarant or the Design Review Committee (as applicable)
before the commencement of construction of a fence. For this purpose, a complete set of plans and detailed
construction drawings should be submitted to the Declarant or the Design Review Committee (as
applicable) for approval within a reasonable period prior to the intended date of construction. A fence and
the construction thereof should not obstruct pedestrian traffic on the sidewalk.

The construction of a fence must conform to the following restrictions:

1. A fence constructed on each boundary of the Lot which is perpendicular to the boundary
fronting a street shall be limited to either: (a) porous fencing (see Illustration III-F.1)
with a maximum height of one and eight-tenths (1.8) meter, or (b) green buffer fencing (see
 Page 19 of 32

Illustration II-F.2) with a maximum height of two-and-a-half (2.5) meters.

2. Except as provided in Article III-P.1, only green buffer fencing with a maximum height of
two-and-a-half (2.5) meters shall be allowed for all the boundaries of a Lot.

3. Use of barbed wire or broken glass on any part of the fence on a Lot is not allowed.

4. Solid walls for fences are not allowed.

5. A fence may be constructed on top of a retaining wall of a Lot; provided that, the fence
shall be no more than the relevant prescribed height under Articles III-P.1 and III-P.2
measured from the top of the retaining wall to the highest point of the fence.

6. All fences that are to be constructed on a Lot must be structurally sound. The Owner shall
be solely responsible for any damage or injury caused to or incurred by any person or
property arising out of or in connection with the construction of a fence within the Lot.

As used herein, (a) “porous fencing” shall mean translucid fencing similar but not limited to chain-like
mesh fences. It must be free standing or combined with stone or concrete curb base and shall be covered
with vines or other thick or full cover planting, and (b) “green buffer fencing” shall mean the use of layers
of shrubs, grasses and groundcovers to form a visual barrier.

Illustration III- F.1 Porous Fencing

Illustration III-F.2 Green Buffer Fencing

 Page 20 of 32

Q. Guard Posts

A security guard post for a Lot may be located along the perimeter of the Lot; provided that, this Building
shall have a maximum floor area of not exceeding three (3.0) square meters, and shall have a height not
exceeding three (3.0) meters measured from the Original Ground Level up to the apex of the roof of the
Building. It should be architecturally similar to the Dwelling Unit. Security guard posts are prohibited
from encroaching any public areas, parks and/or adjacent Lots.

R. Village Access

No opening along the perimeter walls of the Village shall be allowed. No ingress or egress to and from the
Village through any area of the Village other than the duly constituted Village gates shall be allowed.

S. Vehicular Entrances, Driveways and Access

1. Vehicular driveways shall have an aggregate width not exceeding six (6.0) meters.

2. Vehicular driveway gates should be designed in harmony with the overall design concept
set forth in Article III-A. The aggregate width of driveway gates must not exceed six (6.0)
meters and the height must not exceed one and eight-tenths (1.8) meters. Arches for
driveways are not allowed.

3. The Owner shall be responsible in providing driveways/walkways from the curb of the
street to the property line of the Lot (see Illustration III-G.1).

Illustration III-G.1

4. All driveways outside the property line shall be constructed of the same material, finish and
elevation as the sidewalk (see Illustration III-G.2).
 Page 21 of 32

Illustration III-G.2

5. The Owner cannot alter any part of the sidewalk fronting its Lot other than for purposes of
constructing a driveway.

T. Pedestrian Gate

Each Lot adjacent to a park, even if the same is a consolidated Lot, shall be allowed to install not more than
one (1) pedestrian gate along a fence fronting the park. The gate shall not exceed one (1.0) meter in
maximum width and shall open inwards toward the Lot and not into park.

U. Solar Collectors

A solar collector installed on a pitched roof must lie flat on the roof and be placed so that the edges are
parallel and perpendicular to the roof ridge and edges. No part of the installation should be visible from the
ridge line. Support brackets, collector frames and exposed pipes should be painted in the same color as the
roof. Pipes, wires and control devices should be concealed. Collector frames should be placed so that they
are concealed from public view at all times. Collector frames located at the side of a Building or at the
ground level should be harmoniously integrated with the Building or the topography of the Lot.

Article IV. Landscape

To enhance the over-all aesthetic and environmental quality of the Village, the landscaping of each Lot
must be consistent with the intent of the Declarant. To ensure this, the following restrictions shall apply:

A. Landscape Area

The area to be utilized for landscaping on each Lot shall not be less than the resultant area (in square
meters) computed by deducting the area of the Building Footprint from the area of the Lot. The landscape
may consist in a combination of softscape and hardscape; provided that, the softscape to hardscape ratio
shall at least be 70:30.

As used herein, “softscape” shall refer to the use of natural landscape elements such as plants, lawn,
groundcover and similar treatment, and “hardscape” shall refer to the use of man-made landscape
structures such as footpaths, decks, plant boxes, benches, gazebos, trellis, swimming pools, jacuzzis and the
like, and shall include the garage driveway.

B. Maintenance

The landscaped area of a Lot should be properly and adequately maintained by the Owner.
 Page 22 of 32

C. Sidewalk planting

The Homeowners’ Association shall maintain the landscaping of the planting strip or sidewalk of the
Village.

D. Recommended Plant Palette

Use of porous landscape detention and native plant species are encouraged in order to assist in the
conservation of water, minimize maintenance and support wildlife in the area. Planting shall be congruent
with the zonal landform where the Lot is located. Shade trees shall be utilized as much as possible to create
outdoor areas for eating and relaxing.

Article V. Construction
A. Soil Conditions

Prior to the construction of a Dwelling Unit or any Building on a Lot, the Owner shall conduct such
measures, including engaging the services of professional and specialty engineers, for the purposes of
determining the site conditions of and within the Lot that may affect the design or structure of the Dwelling
Unit or the Building such as, but not limited to, soil conditions, bearing capacity, soil stability, presence of
expansive soils and the like, or the presence of water tables, aquifers and the like. It shall be the sole
responsibility of the Owner to determine the suitability of the design or structural integrity of the Dwelling
Unit or the Building in relation to the soil conditions.

B. Approval of Plans

Designs for the Dwelling Unit or the Building, including any eventual structures or improvements thereon,
shall be subject to the review and approval of the Declarant or the Design Review Committee (as
applicable) prior to any construction, renovation or reconstruction on the Lot. For this purpose, the Owner
shall submit the detailed plans and specifications for the Dwelling Unit or the Building for the evaluation
and approval of the Declarant or the Design Review Committee (as applicable) not later than thirty (30)
days prior to the intended commencement date of construction. The Declarant or the Design Review
Committee (as applicable), in approving the plans and specifications of the Building, make no
representation as to the suitability of design or structural integrity of the Dwelling Unit or the Building in
relation to the soil conditions or requirements of the Owner.

C. Construction Works

All construction, renovation, alteration, excavation and related works commenced on a Lot shall be
completed within a reasonable time after the start thereof in accordance with the plans and specifications
approved by the Declarant or the Design Review Committee (as applicable). The Declarant and the Design
Review Committee shall have the right to inspect all such construction work at reasonable times to ensure
compliance with the approved plans and specifications and this Deed of Restrictions. The Declarant and
the Design Review Committee may adopt construction guidelines pertaining to uncompleted construction
and abandoned structures and impose additional conditions in connection therewith and exercise such other
powers to implement the same.

The Owner shall, at its sole cost and expense, undertake the following in performing any construction
works on a Lot:

1. Install temporary fencing and board-ups during construction using materials such as
colored roofing, bamboo or painted plywood.
 Page 23 of 32

2. Regularly haul out of the construction site all waste materials such as, but not limited to,
construction debris or garbage, excess fill, or sewage effluent during construction; provided
that, in case of non-compliance, the Declarant or the Homeowners’ Association (as
applicable) shall have the right, but not the obligation, to effect the collection of waste
materials or the maintenance of cleanliness on the Lot during construction at the expense of
the Owner. In no instance shall waste materials be dumped into the sea, water way,
adjacent Lots or Common Areas.

D. Construction Guarantee Deposit

A construction guarantee deposit shall be required to be posted by the Owner prior to the commencement of
any construction work on its Lot for the purpose of securing any loss or injury that may be caused to third
persons or other Lots, Common Areas and properties of the Declarant, the Homeowners’ Association and
third persons. The construction guarantee deposit shall be payable in cash and shall initially be in the
amount of Pesos: One Hundred Thousand (P100,000.00), subject to adjustment at the discretion of the
Declarant or the Design Review Committee (as applicable).

The construction guarantee deposit will be discharged by the Declarant or the Design Review Committee
(as applicable) without interest, net of the amount of all damages, penalties and dues which the Owner shall
be liable for, upon the issuance by the Declarant or the Design Review Committee of the certificate of
completion.

E. Development Fee

Each Owner shall be charged a one-time development fee, in such reasonable amount to be determined by
the Anvaya Cove Association, upon its application for a construction/building permit, and shall be payable
in cash to the Anvaya Cove Association. Such fee shall be used for the maintenance of roads within
Anvaya Cove Seaside Leisure Community, which may have suffered damage incident to the transportation
of materials during the Owner’s construction of their Dwelling Units.

Article VI. Design Review Committee

A. Composition

The Design Review Committee shall consist of three (3) regular members who shall be appointed by the
Declarant. Of the three (3) regular members, at least one (1) member shall be an Owner, and at least one
(1) member shall be an architect duly licensed to practice architecture under the laws of the Republic of the
Philippines who is not an Owner (the “architect–member”). Except as provided hereunder, no other
qualification shall be required for membership in the Design Review Committee.

The Declarant shall appoint three (3) alternate members of the Design Review Committee, any of whom
may be called upon to act in the place and stead of any member of the Design Review Committee in the
event of the latter’s temporary absence or temporary disability to perform the functions as member thereof;
provided that, there must be at least one (1) architect-member in the Design Review Committee at all times.

The right to appoint and remove all regular members and alternate members of the Design Review
Committee shall vest solely in the Declarant; provided that, at any time during the effectivity of this Deed
of Restrictions, the Declarant may, at its sole option and discretion, waive in writing such right in favor of
the Homeowners’ Association to be exercised by the latter in accordance herewith.

B. Term

Each of the regular members of the Design Review Committee shall hold office until their resignation,
removal or the appointment of their respective successors by the Declarant or, in the event of an assignment
 Page 24 of 32

of such right in accordance herewith, the Homeowners’ Association.

C. Powers and Functions

The Design Review Committee shall have the following powers and functions:

1. Consider, review, evaluate, approve or disapprove proposals, plans, drawings and

specifications for all kinds of construction, renovation or alteration of Buildings,
structures or improvements, including excavation and/or related works, to be performed
on the Lots and the Common Areas; provided that, the approval by the Design Review
Committee of any proposals, plans, drawings or specifications for any work done or
proposed, or in connection with any other matter requiring the approval of the Design
Review Committee under this Deed of Restrictions, shall not be deemed to constitute a
waiver of any right to withhold approval as to any similar plan, drawing, specification or
matter whenever subsequently or additionally submitted for approval.

2. Inspect the construction site and all Buildings, structures and improvements, whether or not
in the course of construction, within or outside the Lots for the purpose of enforcing
compliance with approved plans and specifications and this Deed of Restrictions, enforce
penalties in the event of non-compliance therewith, and issue the certificate of completion
of construction, to the extent and in the manner indicated herein.

3. Determine the amount of the construction guarantee deposit required under Article V-D
hereof, require its submission and cause the discharge thereof in the manner hereinafter set
forth.

4. Adopt rules and regulations not inconsistent with this Deed of Restrictions governing
procedures for meetings, submissions, review, evaluation, approval and disapproval of
proposals, plans, drawings and specifications, site inspection, construction and design
guidelines, and all matters necessary to effectively perform their duties hereunder.

5. Perform the duties in relation to the enforcement of the restrictions, covenants and
conditions of this Deed of Restrictions including, without limitation, Articles II-A to II-G,
III, IV and V of this Deed of Restrictions and such other duties as may be delegated to it
from time to time by the Declarant or the Homeowners’ Association (as applicable).

D. Meetings

The Design Review Committee shall meet from time to time as necessary to properly perform its duties
hereunder. The vote or written consent of any two (2) members shall constitute an act by the Design
Review Committee; provided that, the vote or written consent of the architect-member shall at all times be
required for the approval of plans, drawings and specifications. The Design Review Committee shall keep
and maintain a record of all actions taken by the Design Review Committee at such meetings or otherwise.
The architect-member and the alternate architect-member shall receive from the Declarant or the
Homeowners’ Association (as applicable) reasonable fees for professional services rendered. Unless
authorized by the Declarant or the Homeowners’ Association (as applicable), the other members of the
Design Review Committee shall not receive any compensation for services rendered. All members shall be
entitled to reimbursement for reasonable expenses incurred by them in connection with the performance of
any of its functions.

E. Liability

Neither the Design Review Committee nor any member thereof shall be liable for any damage, injury, loss
or prejudice suffered or claimed by the Owner, the Homeowners’ Association, or third persons on account
of the following: (i) approval of any proposals, plans, drawings and specifications, whether or not defective;
 Page 25 of 32

(ii) construction or performance of any work, whether or not pursuant to approved proposals, plans,
drawings and specifications; or (iii) development or manner of development of any property or structure
within the Village.

Article VII. Utilities and Drainage

A. Any electrical, telecommunication and other utility line should be placed at least one (1.0) meter
underground. No air-conditioning equipment including fans, ventilators, cooling towers or similar
devices shall be placed on the roof of a Building. Air-conditioning equipment should be installed
in such a manner as to screen it from public view. The Homeowners’ Association and each Owner
shall allow public utility companies to conduct maintenance or development works required and
cleared by the Declarant or the Homeowners’ Association (as applicable).

B. Electrical lines provided within the Village are single-phased. Accordingly, only single-phased
appliances are allowed to be provided within the Lot.

C. The Owner shall be responsible for securing and restoring tapping points for all utility lines. All
utility lines shall be tapped to designated tapping points and discharge outlets.

D. All drainage flowing from the Lot should be collected and directed into the Village storm drain
system and shall be consistent with the Surface Water/Storm Water Management System of the
Village. Gutters, downspouts and drainage within the Lot and improvements thereon shall be
located and installed in a manner which prevents water run-off and drainage from adversely
affecting adjacent properties. All sewers flowing from the Lot should be collected and directed into
the Village sewer collection system and shall be consistent with the waste water management
system adopted for the Village.

E. Each Owner shall be responsible for obtaining all utility service for its Buildings. The Declarant
and the Homeowners’ Association make no representation regarding the quality and availability of
service for any utility service rendered by third parties.

Article VIII. Power Generating Sets

A. Approvals and Government Regulation

The installation of any power generating sets shall require the prior written approval of the Declarant or the
Homeowners’ Association (as applicable) and shall comply with the noise level limit prescribed by
government regulation, which is currently at seventy-five (75) decibels measured one (1) meter from any
side of the exterior wall surface of the housing enclosure of the power generating set. A power generating
set may only be used during power outages.

B. Location and Other Abatements

A power generating set should be located at the back of the Lot in accordance with the prescribed setbacks.
A generating set, in addition to other installation requirements prescribed by the manufacturer thereof, must
be installed in a separate housing enclosure for the purpose of concealing the same from public view and
minimizing any noxious and hazardous effects. Appropriate noise and fume abatement measures should be
provided by the Owner. Each Owner shall be fully responsible for any claim, damage or action resulting
from or caused by the installation and/or use of a generating set within its Lot.
 Page 26 of 32

Article IX. Maintenance

A. General Maintenance

Each Owner shall keep its Residence and all improvements thereon in good order and repair and free of
debris and shall undertake such activities as required or necessary to keep the same maintained at all times
including, but not limited to, seeding, watering and mowing of all lawns, pruning and cutting of all trees
and shrubbery, and the painting or other appropriate external care of all Buildings and other improvements,
all in a manner and with such frequency as is consistent with good property management. In addition, the
Owner shall keep and maintain the area between the property line of its Lot and the paved portion of the
street adjacent thereto in good order and free of debris and litter, and shall cause the mowing of the grass,
controlling the growth of weeds, pruning of the trees and shrubs, and otherwise maintaining such areas in a
manner and with such frequency as is consistent with good property management.

B. Tree Cutting

In line with the vision to protect the natural character of the site and carefully integrate the development
into the natural landscape, no existing tree, whether found within or outside any Lot, shall be cut, moved,
transferred or damaged without the prior written approval of the Declarant or the Homeowners’ Association
(as applicable) and the appropriate clearances from the relevant government agency.

The Declarant or the Homeowners’ Association (as applicable) may, with due prior notice from the Owner,
allow certain trees within the Lot to be cut or moved when such trees pose an obstruction to the
construction of a Dwelling Unit on said Lot. However, the Declarant or the Homeowners’ Association (as
applicable) reserve the right, in any event, not to allow cutting or moving of trees that are of the Philippine
Hardwood Species having more than half (0.5) of a meter caliper diameter measured a third (0.3) of a meter
from the base of the tree. Whenever the Declarant or the Homeowners’ Association (as applicable) shall
allow certain trees within the Lot to be cut or moved, the Owner shall donate to the Homeowners’
Association for replanting, at a location determined by the Declarant or the Homeowners’ Association (as
applicable), an equivalent of ten (10) tree saplings of a species and size approved by the Declarant or the
Homeowners’ Association (as applicable) for every tree to be cut or moved, which replacement ratio may
be revised by the Declarant or the Homeowners’ Association (as applicable) from time to time.

As used herein, “Philippine Hardwood Species” include narra, molave, dao, kamagong, ipil, acacia, akle,
apanit, banuyo, batikuling, betis, bolong-eta, kalantas, lanete, sangilo, supa, teak, tindalo and manggis.

C. Grass Cutting

Each Owner shall at all times keep the grass within its Lot cut and trimmed. If the Owner fails to comply
with this condition, the Declarant or the Homeowners’ Association (as applicable) may after ten (10) days’
prior written notice have the grass cut and trimmed to keep the Lot clean charging the costs and expenses
incurred therefore to the Owner.

D. Private Security Guards and Domestic Help

Each Owner who avails itself of the services of private security guards and/or domestic help, either
permanently or for a limited period, shall, prior to the engagement of said services or assumption of post,
register with the Homeowners’ Association under a prescribed form, the names and particulars of the
security guard or domestic help engaged to provide such services to the Owner. Each respective Owner is
responsible and liable for the non-compliance by its security guard or guards and domestic help with the
rules and regulations of the Homeowners’ Association. An identification card must be presented by such
security guard or guards or domestic help when entering the Village and in discharging their duties. The
Homeowners’ Association reserves the right to deny issuance of identification cards and entry into the
Village of any security guard or domestic help with a criminal record or who has been identified by the
 Page 27 of 32

Homeowners’ Association as a security risk.

E. Garbage

Garbage disposal bins or storage receptacles should at all times be concealed from public areas, public view
and adjacent properties and should be covered at all times. Additional screening material should be made
of durable material. Garbage shall only be placed outside the Lot on the specified day of collection and at
the specified collection point. No rubbish shall be stored or allowed to accumulate outside of the Lot.

No waste material shall be burned on any Lot. The Declarant and the Homeowners’ Association (as
applicable) reserve the right to specify the type and kind of garbage disposal bin that shall be used by the
Owners, as well as the manner and regulations for waste segregation, composting or disposal.

F. Accumulation and Storage of Materials

No personal property shall be stored or allowed to accumulate outside a Lot. Outdoor utility areas, laundry
areas, including clotheslines and service yards, shall not be located along the property line fronting a
Common Area. Further, clotheslines should be concealed from public view using materials and designs
approved by the Declarant or the Design Review Committee (as applicable).

Piles of wood, construction materials and/or equipment must be concealed from public view. No
accumulation of building materials, debris, weeds, trash, scrap, metal, non-functioning vehicles, old
household appliances or other unsightly objects shall be permitted on or outside any Lot.

Article X. Streets and Common Areas

A. The Owners of Lots which are located adjacent to a Common Area such as parks or sports facilities
acknowledges that they are fully aware of their respective Lot’s location relative to such Common
Areas and accepts the same as is, including any potential hazard or nuisance that such a location
may entail. Each Owner of such Lot hereby releases, discharges and agrees to hold the Declarant
and the Homeowners’ Association free and harmless against all claims, damages, liabilities and
obligations regarding the use, design and location of the Common Areas.

B. The Declarant shall have perpetual and assignable right-of-way over all the streets and Common
Areas, whether or not the streets or Common Areas have been turned over or conveyed to the
Homeowners’ Association for the latter’s maintenance.

C. Stickers may be issued to, as applied for, by the Owners and third parties with a corresponding fee
therefore for the purpose of regulating the use and access to all roads within the Village. Other
sticker classifications or entry permits for locators, constituents or members of other developments
within Anvaya Cove Seaside Leisure Community may be issued at the discretion of, and subject to
the rules and regulations prescribed by, the Declarant and the Homeowners’ Association.

D. The Homeowners’ Association shall formulate traffic rules and regulations to regulate traffic and
ensure vehicular and pedestrian safety and security within the Village and impose penalties for
traffic infractions or violations thereof in accordance with such rules and regulations. These
penalties shall be in addition to applicable charges which may be filed against offenders and
violators under relevant law or government regulations.

E. No commercial vehicles, boats, trailers, mobile homes, trucks or trailers used to store or transport
any of these vehicles shall be permitted to be parked or stored on any Common Area or any vacant
Lot in the Village.

F. No Common Areas or streets may be used for long-term parking and/or washing or maintenance of
 Page 28 of 32

any vehicle, boats, trailers or the like, unless specifically designated therefore by the Homeowners’
Association. Subject to security measures and traffic regulations adopted by the Homeowners’
Association, temporary parking of vehicles may be allowed on designated areas or Village roads.
The Homeowners’ Association reserves the right to remove vehicles violating parking regulations
at the cost of the Owner.

Article XI. Maintenance Easement

The Declarant and the Homeowners’ Association shall have perpetual right-of-way and utilities easements
on every Lot and Common Area, whether above or underneath the surface thereof, for the purpose of
preserving and maintaining the utilities, facilities and amenities and ensuring the continued and common
enjoyment thereof by the Owners. For this purpose, each Owner shall provide within its Lot an open space,
whether above or underneath the surface thereof, for purposes of easement for drainage, sewage, water and
other public utilities and allow complete and free access to such easements to the authorized representatives
of the Declarant and the Homeowners’ Association and, whenever authorized by the Declarant or the
Homeowners’ Association, to authorized representatives of appropriate government agencies or utility
companies. The easements herein granted shall include the right to inspect, maintain and correct the
drainage of surface water, other erosion controls, repair utilities, cut trees, bushes or shrubbery, grade soil
and take any other action reasonably necessary to preserve health, sanitation and safety or to comply with
governmental requirements. The Declarant or the Homeowners’ Association (as applicable) shall give
prior notice to affected Owners and shall restore the affected property to its original condition as nearly as
practicable, except in case of an emergency where such prior notice shall not be required. This easement
may be exercised at the option of the Declarant or the Homeowners’ Association (as applicable) and shall
not be construed to obligate the Declarant or the Homeowners’ Association to take any affirmative action to
correct conditions.

Article XII. Ownership, Resale or Lease of Lots

A. Essential Requirement for Ownership of Lots

The Lots shall be owned only by persons that are shareholders and/or members of record of any Leisure
Club. The transfer of title to a Lot in violation of this provision shall be null and void and shall confer no
title or interest whatsoever to the intended purchaser. This condition constitutes an essential consideration
of the sale of the Lots and shall be annotated on the transfer certificate of title covering each Lot.

B. Sale or Disposition of the Lot

The Owner intending to sell, transfer, assign, convey or otherwise dispose of its Lot shall be required to
advise the Homeowners’ Association in writing of the intended sale or disposition of its Lot within five (5)
days from: (i) the date of execution of the contract or other instrument covering such sale or transfer, or (ii)
the physical possession by the buyer or transferee of the Lot, whichever is earlier. Each Owner shall be
required to advise the Homeowners’ Association of the sale, transfer or lease of its Lot or Residence to any
person within five (5) days from: (i) the date of execution of the contract covering such sale, transfer or
lease, or (ii) the physical possession by the transferee or lessee of the Lot or Residence, whichever is earlier.
In case of a sale, transfer, lease or other disposition of a Lot, the buyer, lessee or transferee must be a
shareholder and/or member of record of any Leisure Club at the time the sale or transfer is effected.

C. Public Auction

Should an Owner cease to become a shareholder and/or member of record of any Leisure Club for any
reason whatsoever, the Owner (hereinafter, the “Selling Owner”) shall dispose of the Lot(s) registered in its
name within thirty (30) days (the “Selling Period”) from the date it ceases to become a shareholder and/or
member of record of any Leisure Club to a qualified buyer or transferee as set forth in Article XII-B. In the
 Page 29 of 32

event that the Selling Owner fails or refuses to sell the Lot registered in its name within such period, the Lot
shall be disposed of in the following manner:

1. Within ten (10) days following the expiry of the Selling Period, the Board of Trustees shall
require the immediate surrender of the transfer certificate of title covering the Lot and
order the sale at auction of such Lot. For this purpose, the Secretary of the Homeowners’
Association shall send written notice of such order to the existing Owners of Lots in the
Village and owners of other residential developments in Anvaya Cove Seaside Leisure
Community who are shareholders and/or members in any Leisure Club, indicating in such
notice a specified date, time and venue of the scheduled auction. A notice to that effect
shall also be posted in the bulletin board of the Homeowners’ Association.

2. On the date and hour fixed, the Board of Trustees shall proceed with the auction by viva
voce bidding and award the Lot to the highest qualified bidder. The minimum bid for the
Lot being offered for sale shall be reasonably determined and fixed by the Board of
Trustees prior to the auction and shall be posted in the bulletin board also prior to the
auction.

3. The bid price shall be paid by the winning bidder to the Homeowners’ Association through
the Treasurer in full within twenty-four (24) hours after the bidding. The Deed of Absolute
Sale shall be executed by and between the Selling Owner and the winning bidder who shall
thereafter cause the transfer of the title to the Lot in its name. The balance of the proceeds
of the sale shall be paid to the Selling Owner after settling all unpaid accounts due to the
Homeowners’ Association from such Selling Owner.

4. If no bid is received, or the bids received to purchase the Lot is less than the minimum
price fixed by the Board of Trustees, or if the winning bidder fails to pay the amount of its
bid in full within twenty-four (24) hours after the bidding, the same auction procedures
prescribed above shall be repeated from time to time at the discretion of the Board of
Trustees until the Lot offered for bidding is sold in accordance with such procedures.

5. If the proceeds from the sale of the Lot are not sufficient to pay in full the obligations due
to the Homeowners’ Association from the Selling Owner, then the Selling Owner shall
continue to be obligated to the Homeowners’ Association for the payment of such
obligation until it is fully paid. If the Selling Owner fails or refuses to surrender the
transfer certificate of title to the Lot for cancellation, the Board of Trustees shall cause to
be annotated on the Registry of Deeds’ duplicate original of such transfer certificate of title
the fact of the Lot being ordered for sale at a public auction and such annotation shall
constitute a lien thereon until the sale at public auction shall have been completed in
accordance with Article XII-B.3 hereof.

6. For the purpose of giving effect to the provisions of this Article XII-B, the Board of
Trustees shall be deemed, as they are hereby constituted as, the Selling Owner’s attorney-
in-fact who is authorized to offer the Lot at public auction, dispose of the same to the
winning bidder, cause the annotation of the notice of public auction on the Registry of
Deeds’ duplicate original of the covering transfer certificate of title, and perform all the
acts as may be necessary or required under the circumstances for and on behalf of the
Selling Owner.

Article XIII. Annexation

A. Additional parcels of land or developments thereon, if any, whether or not such parcels or
developments are adjacent or contiguous to the Village, may be annexed to the Village or to The
Neighborhoods at Anvaya Cove by the Declarant from time to time in its sole discretion, without
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need for obtaining the consent of the Homeowners’ Association or the Owners.

B. The Declarant shall effect such annexation by executing a supplement to this Deed of Restrictions
or a separate deed of restrictions which shall:

1. Describe the real property annexed and designate the permissible uses thereof; and

2. Adopt and set forth any new or modified restrictions or covenants which may be applicable
to such annexed property, and declare that such annexed property is held and shall be held,
conveyed, encumbered, leased, rented, used, occupied or improved subject to the
provisions of this Deed of Restrictions.

Upon the execution of such deed of restrictions or supplement to this Deed of Restrictions, the
annexed property shall become a part of the Village or The Neighborhoods at Anvaya Cove, as
fully as if such annexed property was originally part thereof.

Article XIV. Other Developments at Anvaya Cove Seaside Leisure Community

Each Owner hereby acknowledges that it has full knowledge of the land and other development works and
improvements actually being undertaken or which may be undertaken by the Declarant or its successors and
assigns within or in the vicinity of the Property, including any development works within Anvaya Cove
Seaside Leisure Community. Each Owner, for itself or its successors and assigns, hereby holds the
Declarant, its successors and assigns, free and harmless from any claim, action, damage or expense of
whatsoever nature and kind which arises out of, or may be caused to, the Lot on account of force majeure,
or any inconvenience, discomfort, disturbance and/or nuisance due to any development works and
improvements being undertaken by the Declarant, its successors or assigns.

Article XV. Enforcement of Restrictions

The right and obligation to enforce the restrictions, covenants and conditions in this Deed of Restrictions
(including, where applicable, the grant of consents or approvals) shall be exercised by and pertain to the
Declarant prior to the organization of the Homeowners’ Association and the Design Review Committee.
Following their organization, the Homeowners’ Association and the Design Review Committee shall have
the right and obligation to enforce this Deed of Restrictions to the extent indicated herein and in the written
instrument executed by the Declarant appointing the Homeowners’ Association and the Design Review
Committee as its assignees.

In the event of a violation or breach of any of this Deed of Restrictions, the Declarant and/or the Declarant’s
Assignee (as applicable) shall have the right to proceed at law or in equity to compel compliance with the
terms hereof or to prevent the violation or breach of any of them.

The Declarant and/or the Declarant’s Assignee (as applicable) and their respective authorized
representatives shall have the right during reasonable hours of the day and upon due notice, to enter and
inspect any structure constructed on the Lot to ascertain compliance with the restrictions, covenants and
conditions contained herein.

The Declarant and/or the Declarant’s Assignee (as applicable) and their respective authorized
representatives reserve the right, in case of any violation or breach of any of the foregoing restrictions, to
enter the Lot upon which or as to which such violation or breach exists, and to summarily abate and remove
any structure, thing or condition that exists thereon, or effect rectifications as necessary, at the expense of
the Owner thereof, and the Declarant and/or the Declarant’s Assignee (as applicable) and their respective
authorized representatives shall not, by reason thereof, be deemed guilty of any manner of trespass for such
entry, abatement or removal. Further, the Declarant and/or the Declarant’s Assignee (as applicable) and
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their respective authorized representatives may enjoin, abate or remedy by appropriate legal proceedings,
either in law or in equity, the continuances of any breach of this Deed of Restrictions.

The Declarant, the Homeowners’ Association and the Design Review Committee reserve the right to
impose penalties on any violations against their rules and regulations in addition to the applicable
conditions in the relevant sale agreements entered into by the Owners and the Declarant.

The Homeowners’ Association may suspend all voting rights, the rights to use the Common Areas, and all
other rights or privileges of membership to the Homeowners’ Association of any Owner for any period
during which an assessment or other obligation to the Homeowners’ Association remains unpaid, or during
the period of any continuing violation of the provisions of this Deed of Restrictions by such Owner after the
existence thereof has been declared by the Declarant, the Homeowners’ Association or the Design Review
Committee.

The Declarant may be appointed by an Owner as proxy for the Homeowners’ Association meetings,
assemblies and elections. A proxy held by the Declarant shall be valid unless the Owner: (i) revokes such
proxy in writing, and (ii) personally attends the general or special membership meeting or assembly.

Article XVI. No Waiver

Failure of the Declarant, the Homeowners’ Association or the Design Review Committee to enforce any
provision of this Deed of Restrictions, however long continued, shall in no event be deemed to be a waiver
of the right to enforce such provision thereafter or any other covenant, condition or restriction.

Article XVII. Use of Name

The Owner undertakes not to use the names “Anvaya”, “Anvaya Cove”, “Anvaya Cove Seaside Leisure
Community”, “The Neighborhoods at Anvaya Cove”, “Cliffside”, “Mango Grove”, “Wood Park”,
“Bamboo Grove”, “The Cliffside at Anvaya Cove”, “The Mango Grove at Anvaya Cove”, “The Wood Park
at Anvaya Cove” and “The Bamboo Grove at Anvaya Cove” in a manner that appropriates such names for
its personal use for whatever reason.

Article XVIII. Interpretation

The language of this Deed of Restrictions shall be construed according to its fair meaning. However, any
conflict in interpretation shall be resolved in favor of the more stringent interpretation in view of the
Declarant’s intention to develop Anvaya Cove Seaside Leisure Community, The Neighborhoods at Anvaya
Cove and The Bamboo Grove at Anvaya Cove, preserve and enhance their value as a planned and
controlled community as provided for in this Deed of Restrictions and made known to the Owner and the
Homeowners’ Association.

Article XIX. Separability

Should any provision contained in this Deed of Restrictions or any part hereof be declared invalid or
unenforceable, the other provisions, in so far as they are separable, shall remain in full force and effect.

Article XX. Amendments

The provisions in this Deed of Restrictions may only be amended in whole or in part by the Declarant with
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the concurrence of a majority of the Lot Owners. Any amendments made pursuant to this article shall not
prejudice vested rights of Owners who built on the Lots prior to the registration of such amendment with
the proper Registry of Deeds.

Article XXI. Period of Restrictions

All the restrictions, easements, reservations and conditions enumerated herein shall run with and bind the
Lots from the execution hereof and shall run for a period of fifty (50) years from the date of incorporation
of the Homeowners’ Association. Thereafter, this Deed of Restrictions shall be automatically extended for
successive periods of ten (10) years each, unless the Declarant with the concurrence of a majority of the
Owners decide to terminate this Deed of Restrictions by registering a written instrument with the
appropriate Registry of Deeds within the last year of the extended ten (10) year period.