SECTION 1 – PURPOSE AND APPLICATION OF DESIGN GUIDELINES
1.1 Purpose of the Design Guidelines, Standards, and Requirements for Building on Residential, Commercial, Multi-Use, and Common Properties in Loreto Bay, known as the “Design Guidelines”
These guidelines are provided to the Owners of Loreto Bay to:
a) Identify the design principles that were used to create this unique community and articulate the values, standards, and aesthetics of architectural and community planning that are intended to shape future development; and
b) Ensure that Owners, their architects, designers, and builders be respectful of and adhere to those design principles.
1.2 Applicability of the Design Guidelines, Compliance with Law and Building Codes, and Approvals
These Design Guidelines apply to all new construction, improvements, and landscaping; all changes to existing buildings, improvements, and landscaping; which, in addition, must comply with all applicable Mexican laws and building codes, as well as all rules and regulations of the Master Condominium.
Any new building, modification to existing structure, or modification to approved plans for future structures may be undertaken only with the written approval of the Design Review Committee. Such approval is required before obtaining necessary building permits and other approvals required by Law and will be granted only upon a finding that the proposed modifications will not adversely impact the Master Condominium infrastructure, the Master Common Areas, or the ability of the Master Condominium to provide Master Common Services to the community, resulting from an increase in building density or occupancy of such structures.
All building or work is subject to the version of these guidelines under which it was approved, except that if such building or work is not completed within time limits established by project approval documents, the Design Review Committee, or the rules and regulations of Master the Condominium, then the Design Review Committee or the Master Administrators may require additional approvals, which will be subject to the rules and regulations of Master Condominium, including the Design Guidelines, in effect at the time the additional approvals are required.
1.3 Guideline Reviews and Amendments
From time to time, these Design Guidelines will be reviewed and amended to reflect the acceptance of new materials, processes, or other changes necessary to and consistent with the sustainability of or the aesthetic vision for the Master Condominium. Any revisions must be included in or appended to the Design Guidelines, which will be available upon request.
1.4 Disclaimer of Liability
The Design Review Committee, its individual members, its employees, or its agents are not liable or responsible for any personal injury, illness, or any other loss or damage, nor are they or any of them in any manner the guarantor or insurer of the health, safety, or welfare of any Owner, Occupant, or other Person applying for construction approval or occupying or using any structure receiving approval pursuant to the Design Guidelines or any act or decision of the Design Review Committee, its employees, or its agents. Each Owner, Occupant, or other Person assumes all risks associated with the use and enjoyment of structures within the Master Condominium, including but not limited to any homes, commercial buildings, or recreational facilities upon or within the Master Condominium. The Design Review Committee, its individual members, its employees, or its agents are not liable or responsible for any personal injury, illness, or any other loss or damage caused by the presence or malfunction of any utility line, equipment, or substation adjacent to, near, over, or on any areas of the Master Condominium or the use of any services provided in whole or in part by same. No provision of these Design Guidelines may be construed or interpreted as creating a duty by the Design Review Committee to protect or further the health, safety, or welfare of any Person, even if funds of the Master Condominium or any Subregime are used for such a purpose. To the fullest extent permitted by the Law, individual members of the Design Review Committee and its agents have no liability to any Person for any damage, loss or prejudice suffered or claimed on account of, but not limited to the following: any decision; any approval or disapproval of drawings or specifications, whether or not defective; any course of action, act, inaction, omission, error, negligence, or the like made in good faith and reasonably believed to be within the scope of the duties or rights of the Design Review Committee; or for following the instructions of the Master Surveillance Committees or the Master Condominium Assembly.