Buyers shall adhere to (and are familiar with) the conditions and those provisions on which the allotment plan, of which the lot sold constitutes part, has been approved by the relevant authorities.
2. The property sold may not be subdivided and may only be used for habitation. Any commercial activities are only permitted if habitation remains the principal use, and one does not create the impression at the outside that commercial activities take place there. Under no circumstances may the neighbors suffer any inconvenience because of any commercial activity.
3. Without Seller’s prior written permission, no structures may be built on the property sold for which no building permit is required under government regulations.
4. The exterior walls of the houses, as well as those of the outbuildings and fence, which fence may not be higher than six (6) feet, may not be made of zinc, aluminum, asbestos, chicken wires or board sheets.
5. No posts may be installed on the lots other than those required for connection to the electricity grid or telephone network, or for the reception of radio and television.
6. Buyers shall pay any and all damage caused by them, the members of their families, servants and agents to roads, sidewalks and other facilities for public use, also the damage caused by breaking up the pavement for the construction of works for the benefit of the lot belonging to Buyers.
7. Without prejudice to the provisions under 2 above, no profession of any kind may be exercised or any business conducted on the property sold, nor may public, religious or ideological services or meetings may be held thereon on a regular basis.
8. The property sold shall not be used as a depot or dump, and there shall be no rubbish, unusable or not used cars or vessels, storage containers or construction materials on it.
9. No livestock, neither cattle, nor small stock, may be held on the property sold, but only small pets.
Small pets shall not be understood to mean in this connection to be horses, cows, pigs, goats and the like, or poultry.
10. Buyers shall have the house painted and plastered wherever appropriate, and maintain the paintwork and plasterwork in a decent state of repair.
Occupation of a (partially or completely) unpainted house is not permitted. The colors of the exterior walls shall be determined by Seller.
11. The discharge of wastewater shall take place in concrete or fiberglass septic tanks or to a cesspool. It is permitted, for that matter, to have the drainage of water of e.g. the washing machine or the sink take place in another way for the benefit of the vegetation around the house, provided this does not cause nuisance for the neighbors.
12. If, in as far as, and as long as there are water pipes, pylons or cables on/in/over the property sold, which are the property of the public water and electricity company, Buyers shall tolerate the presence thereof.
13. Only one house and, if so desired, one apartment per lot is allowed.
14. The easement is in compliance with the Department of Public works. With some few exceptions, the distance permitted between an outer wall not facing the road, and the boundary of the lot is at least two meters. The distance permitted between an outer wall facing the road, and the boundary at the roadside, is at least five (5) meters.
15. Buyers must keep the roadside adjacent to the property sold clean after completion of the construction. For the purposes of this paragraph “keeping clean” is to be understood to mean free from rubbish, garbage and weeds.
16. In the event of infringement of one or more of the above provisions under 1 through 16, Buyers shall owe Seller – after having been given notice of default in writing and having obtained the opportunity for one week to rectify aforementioned default, and if the default has not been rectified then as yet – a penalty of twenty-five thousand Aruban florins (Afls. 25,000.--).
The above clauses 1 through 16, as well as the present clause must be imposed on the new acquirer(s) upon each transfer of ownership or creation or transfer of a real right of enjoyment or collateral security right of the property sold, and be stipulated and accepted and literally inserted in the deed of transfer of ownership or creation or transfer of the real right of enjoyment or collateral security right, and this on pain of forfeiture by Buyers and each succeeding acquirer who fails to impose, stipulate, accept or insert, an immediately payable penalty of one hundred thousand Aruban florins (Afls. 100,000.—or USD. 56,179.78) for the benefit of Seller, unless Buyers, after having been warned, see to the rectification of the default as yet within one month.
Aforementioned penalty clauses shall not affect Seller’s power to claim from the infringer, in addition to this, compliance and or damages of loss possibly suffered in excess.
Seller undertakes towards Buyers to also impose the aforementioned perpetual clauses on the future owners or owners of a real right or beneficial owners of the other lots belonging to the allotment plan in question. For in case the owners, representing more than three-fourths (3/4) of the number of lots in aforementioned residential community establish an incorporated association with the object to look after the interests of the residents of aforementioned residential community, the association shall take the place of Seller in every respect as regards these General Terms and Conditions.

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