The Avida Settings Nuvali Homeowners’ Association, Inc. (ASNHOAI) has formulated these guidelines with the intention of maintaining a friendly neighborhood and developing a peaceful and enjoyable community. With this, the House Rules shall be applied for the common good of the owners and residents of AVIDA SETTINGS NUVALI HOMEOWNERS' ASSOCIATION, INC..

Such rules are designed to:

  1. Safeguard every resident’s health, safety and welfare by establishing and sustaining a safe, livable and pleasant community;
  2. Secure to each property owner the full benefit and enjoyment of his property with no greater restriction than is necessary to ensure the same advantages to other property owners;
  3. Assure residents that the intended land use and character of their community will be preserved, protecting their rights to access, ventilation, view, utility service and privacy;
  4. Maintain the high aesthetic standards that make Avida Settings Nuvali Homeowners' Association, Inc. an attractive and desirable place to live in;
  5. Prevent nuisances and the deterioration of neighborhoods that inevitably follows a “let people do whatever they want” philosophy of construction, maintenance, and property use;
  6. Protect property values by ensuring that only compatible developments and densities will be located within the community.
1. AVIDA SETTINGS NUVALI HOMEOWNERS' ASSOCIATION, INC. (ASNHOAI)
  1. Each Owner shall automatically be a member of the Association. Membership in the Association shall not be transferable separately from the Lot to which it pertains.
  2. Owners must abide by the rules and regulations laid down by the Association in the interest of sanitation, security, aesthetics and the general welfare of the community.
  3. The Association is authorized to collect dues or make assessments to meet its expenses.
2. GENERAL RESTRICTIONS

(Based on the of Deed Restrictions, Section II. Conditions of Ownership, Use and Occupancy)

  1. Individual Lots shall not be subdivided by the Owner. Two (2) Lots may be consolidated into one (1) Lot and thereafter may be further subdivided only into the same individual Lots prior to purchase or lease from the Developer which comprise the consolidated Lot. Three (3) or more Lots may be consolidated and subdivided into a lesser number of lots; provided that none of the resulting Lots shall be smaller in area than the smallest Lot before consolidation. For purposes of applying the provisions of this Deed, a consolidated Lot shall be considered a single Lot. In all cases, the consolidation/subdivision plan shall be duly approved by the Developer and the proper government office or agency and duly registered with the Register of Deeds.
  2. A single family shall use the Lot and Housing Unit exclusively for residential purposes. Business, commercial and professional activities shall not be allowed inside the Lot.
  3. Only one (1) Housing Unit shall be constructed on the Lot. A separate structure with a separate entrance shall be allowed as long as it serves as a complementary structure such as a maid’s quarter or storage area, and not as another housing unit within the Lot.
  4. Every Owner must provide in his Lot an open space for landscaping and for easement for drainage, water, and other public utilities as may be necessary or desirable. Such open space shall conform strictly to the relevant provisions in the National Building Code and other government laws and ordinances. The Owner, lessee, or occupant of the Lot shall permit access thereto by the authorized representative/s of the Developer, the Association or public utility entities concerned for the purpose of which the easement is created.
  5. Each Lot shall have at least a three (3) meter by five (5) meter one-car garage at all times,.
  6. The Lot shall not be used for any illegal or immoral trade or activity, noxious, unpleasant, unsightly or offensive activity such as, but not limited to, gambling, distribution of contraband and the like, and shall not be used as a distribution point for commercial goods, or for any use which will disturb the peace and order of the neighborhood. In the event of a violation of this condition, the Developer and/or the Association shall be entitled to exercise its legal right to enforce compliance herewith.
  7. Commercial or advertising signs shall not be placed, constructed, or erected on the Lot. Name plates and professional signs of occupants therein are permitted so long as they do not exceed 20 x 30 INCHES in size, and shall not extend beyond the property line. The lot shall not be used as an office, and no principal facilities for professional offices shall be permitted.
  8. Only domestic pets, such as dogs and cats, may be kept within the Lot. The commercial breeding of animals is strictly prohibited. The Developer and the Association reserve the right to regulate in a humane manner, the introduction, number, species, and maintenance of such domestic pets within the Lot.
  9. The Owner shall keep the grass within the Lot cut and trimmed at all times. If the Owner fails to comply with this undertaking within five (5) days from receipt of written notice from the Association, the Association may have the grass cut and trimmed, and the Lot cleaned at the expense of the Owner. The cost of such shall also constitute a preferred lien on the Lot in the same manner as the assessments of the Association. For this purpose, the Association or its authorized representatives shall have the authority to enter the Lot at reasonable hours to carry out the cutting, trimming and cleaning inside the Lot.
  10. No existing tree or plant whether found within or outside the Lot, shall be cut, removed or damaged, nor shall it be relocated or transferred without the prior written approval of the Developer or its corporate successors. When all the residential Lots in the Village shall have been sold, and all the streets, lanes and open spaces shall have been transferred to the Association or to the proper government entity concerned, such approval shall be secured from the Association or the government entity.
  11. The Association may allow an Owner, subject to existing laws and governmental regulations, to cut or transfer any tree within the lot in the event that it obstructs the construction of a Housing Unit. In such a case, the Owner shall donate to the Developer or to the Association, or to any donee institution or agency which the Developer may designate, five (5) tree saplings of substantially the same species and size for every tree which is intended to be cut or transferred. The Owner shall seek the prior written approval of the Developer or the Association with respect to the aforesaid donation.
  12. The Developer reserves the right to designate lots specified in Annex 2, or a portion of any of the specified lots, for the development of a park, and/or construction or installation of community facilities, utilities, and other structures related thereto, for the common use and benefit of the Village homeowners. Sites for the school, church and any other such establishments, if any, shall be covered by a separate Deed of Restrictions.
  13. The Housing Unit and improvements to be constructed on the Lot must be of strong materials and of a type of architecture that is in harmony and balance with the surrounding landscape and Housing Units in the Village. The Housing Unit design must be signed and approved by respective Licensed Engineer and or Architect and building permit must be secured from the City Engineering Office. Architectural design must conform with the village deed of restrictions and should be approved by the ASNHOA.
  14. The Housing Unit shall not be higher than nine (9.0) meters measured vertically from the highest portion of the house proper to the highest original ground level of the Lot. See Annex 3. The expansion of a single storey Housing Unit to one which has two (2) to three (3) storeys and/or the construction of a roof deck or attic is allowed, as long as the height of the entire structure does not exceed the maximum height of nine (9.0) meters.
  15. Filling of the Lot is allowed; provided that the filling does not exceed 0.5 meters above the original ground level on the sides and rear of the Lot, and one (1.0) meter above the original ground level in front of the Lot adjoining a street; and provided further that drainage and other facilities are installed to prevent water from flowing or seeping into adjacent lots. All other forms of filling are subject to the written approval by the Developer, which approval should be obtained prior to filling.
  16. The portion of the driveway outside the property line should be of the same elevation as the sidewalk. The inclined portion of the driveway should start only from inside the property line. See Annex 4. The Owner cannot alter any part of the sidewalk fronting a Lot other than for the limited purpose of constructing a driveway and subject to the prior written approval of the Developer or Association.
  17. The minimum cost and minimum floor area of the Housing Unit to be constructed on the Lot is Php 1,800,000.00 and 90 sqm, respectively. Such minimum cost and size of the Housing Unit may be adjusted from time to time by the Developer or its corporate successors.
  18. The complete plans and specifications of the Housing Unit to be constructed on the Lot and any subsequent improvements, additions, extensions and/or expansions of the same, such as the installation of grilles and the construction of eaves, carports or extensions, shall comply with all existing laws, ordinances and/or regulations governing the establishment of residences and must be subject to the prior written approval of the Association. The Owner shall submit such plans and specifications to the Developer, up to and until the Association’s Design Review Committee is organized and functioning at least thirty (30) calendar days prior to the start of construction or installation.
  19. Within twenty-one (21) working days from receipt of a complete submittal, the Developer or the Design Review Committee shall approve, with or without modifications, or deny the proposed improvements, and shall forward such decision to the applicant.
  20. Any deviation from the approved plan shall entitle the Developer or the Association to prohibit the delivery of materials for, or stop the construction of, the Housing Unit and/or its improvements, additions, extensions and/or expansion.
  21. The Developer or the Association may adopt construction guidelines pertaining to the construction of any Housing unit or structure on or within any Lot, uncompleted construction work and abandoned structures, impose additional conditions in connection therewith and exercise the power to implement the same.
  22. Any alteration or modification by the Owner, which would affect the structural integrity of the Housing Unit, shall require among others, a duly licensed structural engineer’s approval. In such cases, the Owner shall be solely responsible for procuring the same.
3. GENERAL CLEANLINESS and SANITATION
  1. Building of fire, burning of leaves and clothesline in the open or in the household premises is prohibited.
  2. Garbage containers should be properly covered and kept odor-free.
  3. Wet garbage should be placed inside plastic bags, which should be securely tied before being placed inside the container.
  4. Trash containers should be kept inside the lot. They must be brought out only during garbage pick-up hours.
  5. Proper segregation & garbage disposal based on the Solid Waste Management Program adapted by the Association should be strictly observed.
  6. Owners/occupants must avoid littering within the village. They shall keep and maintain their premises and common areas in a clean and sanitary condition, free from all obnoxious or unpleasant odors.
  7. Cutting of trees is prohibited unless there is prior permission from Avida Land Corp and/or the Association.
  8. Dumping of trash, litter, discarded materials of any kind (including but not limited to broken furniture; packaging materials and debris, tools and equipment) on vacant lots are strictly prohibited.
  9. Planting agricultural, commercial, or ornamental crops or gardens on vacant lots. Planting on sidewalk planting strips is subject to approval by the ASNHOAI maintenance committee or its assigns.
  10. Residents, Members, and Owners should at all times conserve, cooperate in conserving, and ensure the conservation of all resources, natural and otherwise, of the country and of the village.
  11. The Association shall make arrangements for pick-up and disposal of garbage, and notify the owner/occupants of the periodic schedule of such service and the Solid Waste Management program of the Association.
4. STREETS/VEHICLES/DRIVERS/PARKING
  1. The maximum speed limit of 30 KPH must be observed at all times.
  2. Only trucks weighing a maximum twenty (20) metric tons, whether loaded or unloaded, may enter the village.
  3. Overloaded vehicles are not allowed inside the subdivision. Anyone violating this provision will not be allowed to enter the village or if already inside, shall be prevented by the security from driving such an overloaded vehicle. For the purpose of identifying overloaded vehicles, the following shall be considered:
    • Motorcycles with more than two (2) persons on board.
    • Any type of motor vehicle with passengers beyond the prescribed sitting capacity.
    • Trucks loaded with construction materials more than its capacity as specified in the registration paper and indicated/printed on the side of the vehicle.
  4. Unnecessary/excessive car horn blowing is not allowed within the village especially at night.
  5. The vehicles of residents should have the approved stickers for entrance purposes permanently located on the windshield.
  6. In no case shall smoke belching vehicles be allowed within the village. Public utility vehicles, especially tricycles, will not be allowed entry into the premises. Taxis, however, may be allowed to enter the village upon leaving their driver’s license at the guard house which will be returned to them before they are allowed to leave the village.
  7. For visitors who have surrendered their IDs at the gate, the numbered vehicle card (given by the gate guard) must be prominently displayed at the dashboard, seen through the windshield of their vehicles.
  8. While at the premises of the village, the drivers of homeowners and lessees are prohibited from gambling, drinking liquor or loitering, indulging in horse play or other rowdy behavior, staying and / or sleeping inside parked vehicles or any similar activity. Drivers shall stay in their employer’s house only. Furthermore, drivers shall abide by the rules & regulations of the village.
  9. Drivers of occupants/owners and/or their guests are prohibited from gambling, drinking alcoholic beverages, loitering, urinate in public or indulging in horseplay or disturbing behavior while remaining inside the village.
  10. Intoxicated persons are not allowed to operate any type of vehicle in the village.
  11. Student drivers are not allowed to practice driving skills within the village premises.
  12. Whether parked or in transit, the volume of car stereos should be limited so as not to disturb the peace and quiet of the residents.
  13. Any violation of the traffic rules and regulations shall subject the owner/occupant concerned to sanctions/fines that may be promulgated and enforced by the Association. (See Appendix on last page)
  14. Parking
    • The Owner shall provide within his Lot space sufficient/ usable to park a minimum of two vehicles. These private parking spaces may or may not be enclosed and each shall have a minimum dimensions of 2.5 meters by 5.0 meters.
    • Double-parking in any part of the village thoroughfares is not allowed.
    • Parking on the streets should not cover the sidewalk even partially for it is provided for pedestrians and sidewalks are not design to carry heavy loads.
    • Overnight parking on the village sidewalk is strictly prohibited.
    • Driveways should be free from parked vehicles or any other form of obstructions at all times.
5. VILLAGE CAR STICKERS
  1. Only vehicles with Avida Settings Nuvali Homeowners’ Association, Inc. stickers will be given immediate access to the village.
  2. Only Residents and Lot Owners may obtain the Avida Settings Nuvali Homeowners’ Association, Inc. stickers from the Home Owners Association office subject to the following:
    • Car stickers shall be renewable yearly.
    • Submission of a duly accomplished application form. Payment fee- of P100 for each vehicle.
    • Submission of copies of the vehicle’s Certificate of Registration (CR) and Official Receipt (OR).
    • If the vehicle is newly acquired, a copy of the Deed of Sale can be submitted in lieu of the CR and OR.
    • If the sticker is being requested for a company vehicle, Avida Settings Nuvali Homeowners’ Association, Inc. requires the company’s authorization/certification.
    • In case the Lot is registered under a company name, only the authorized representative(s) stated in the Secretary’s Certificate issued by the company can avail of the sticker.
    • Only authorized representative of the Association shall be responsible in affixing the stickers on the windshields of vehicles.
  3. The Association shall be free from any liability, whatsoever for any untoward incident or damages that may occur arising from or during the use of motor vehicle and/or the use of this sticker within Avida Settings Nuvali. The issuance of this sticker does not carry any acceptance of liability on the part of the ASNHOAI.
  4. The Association reserves the right to confiscate the sticker if not properly used or used in illegal activities.
6. ID SYSTEM
  1. Member
    Lot owners and residents can be provided with an association ID card, which may be used for easy entry into the village. The Village ID distinguishes the homeowner from non-association members and helps provide better security in the village. The Village ID is vital to association members who wish to use amenities or facilities. One vital component of the Village ID is an assigned customer number which serves as reference for any transactions entered into within the village (such as the payment of dues).
  2. Application Requirements
    • Copy of the Deed of Absolute Sale or Contract to Sell, if Owner
    • Copy of Lease Contract or Authorization letter from Owner, if Tenant
    • 1X1 photo (2 pieces)
    • Accomplished Application Form
    • For secondary Buyers, to present SPA or a Certificate of Change of Ownership
  3. Rules & Regulations
    • The Identification Cards are to be assigned to owners or authorized tenants only and if need be, the members of their immediate family.
    • These Identification Cards will be controlled by a number that will identify the Owner or Tenant’s transactions with the Association.
    • The Card will also be used as identification for the use of the Amenities of Avida Settings Nuvali Homeowners’ Association, Inc..
    • All transactions with the Association shall be monitored through this number.
    • For members, the Identification Card shall be renewable every three years. For tenants, the Identification Card shall be renewable every year.
  4. Village Association Personnel
    All those working for the Association shall also be issued Village Identification Cards. These must be surrendered upon resignation or termination of contract from the Village Association.
  5. Village Security / Maintenance Personnel
    The Village Security personnel as well as all the maintenance (technical & grounds) personnel shall be issued the Village ID but must also display their respective agency’s ID.
  6. Domestic Helpers
    Domestic Helpers are required to have two identification cards:
    • Village ID – which will allow entry into the village and serves as employment Identification.
    • Domestic Pass - which will allow exit from the village for their day-off or other external obligations. The pass will indicate that the Domestic Help’s Employer has granted him/her permission to leave the village. The Domestic Pass is issued by the Property Management Office to the Employer. The Employer must only give the pass to their domestic help when he/she allows the domestic help to leave the Village. The domestic help will then surrender the card to the main gate. The pass shall be returned to his/her Employer by the assigned security guard upon return of the domestic help.
    • Application Requirements:
      1. Completed Application Form
      2. Copy of Residence Certificate
      3. Copy of NBI Clearance
      4. If a Driver, copy of Driver’s License
      5. Personal appearance at the Security Office for the official photo
    • Rules & Regulations:
      1. The Employee Identification Cards (both Village ID and Domestic Pass) shall only be valid if authorized by the Owner of the property or the authorized tenant.
      2. The Identification Card shall be noted by the Property Manager first prior to issuing the card.
      3. Curfew for household employees is between 8pm to 5am
      4. When leaving the village and entering the premises, they are subject to inspection by security personnel at the village gate
      5. The ID card shall be renewable yearly.
    • Registration Fee: P 50 per ID
  7. Construction Workers
    The contractor of each construction site shall be responsible for acquiring the ID cards from the Property Management Office prior to construction in the Village. Validity is only up to 3 months or upon termination of contract/ completion of project, whichever comes first.
    • Application Requirements:
      1. Completed Application Form/Biodata
      2. Copy of Original NBI Clearance
      3. Personal appearance at the Security Office for the official photo
    • Rules & Regulations:
      1. The Employee Identification Card shall only be valid if authorized by the Owner of the property or the authorized tenant.
      2. The Identification Card shall be noted by the Property Manager first prior to issuing the card.
      3. Curfew for construction workers is between 7pm to 7am
      4. When leaving the village and entering the premises, they are subject to inspection.
      5. The ID card shall be returned to the administration upon termination of contract or completion of project.
    • Registration Fee: P 50 per ID
  8. Temporary Pass
    Shall be issued for construction workers or suppliers whose work shall be less than five (5) days.
  9. Visitor’s Pass/Car Pass
    This pass shall be issued to walk-in guests of the members or the Property Management. A valid driver’s license ID shall be given to the main gate guard in exchange for the Visitors Pass.
  10. Event's Pass
    During big events (i.e. Weddings, Baptisms, Parties), the host’s invitation shall serve as entry pass to the village. A sample must be given to the Administration not less than one (1) week before the scheduled event. A guest list shall also be submitted to the administration not less than one (1) week before the scheduled event.
  11. Village Gate Pass
    The Village Gate Pass shall be used to regulate the exit of resident’s guests / employees in bringing items out of the village. This can only be authorized by the Owner of the property or the authorized representative. The pass should likewise be noted by the Property Manager before the guard-on-duty can allow the release.
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