Introduction & Philosophy
The Covenants, Conditions & Restrictions (CC&Rs) of Flamingo Mar Vista were established to maintain harmony between neighbors and protect the community from unattractive or irresponsible construction. These regulations exist as a private contract attached to the title of each property, supplementing existing Costa Rican construction and design laws to ensure a cohesive and harmonious community.
Core Principles:
- Promote orderly, attractive, and sustainable development
- Protect property values and the natural environment
- Ensure harmonious architectural design throughout the community
- Preserve the splendorous natural environment, flora, and fauna of the development
- Maintain a high-quality residential community in Playa Flamingo, Guanacaste
Architectural Style
Sections 3.18, 3.19All construction within Mar Vista must conform to one of the following approved architectural styles. The goal is to maintain a cohesive Mediterranean-influenced aesthetic throughout the community.
Spanish Colonial
Traditional Spanish-influenced architecture with stucco walls, terracotta tile roofs, arched doorways, and interior courtyards.
Mediterranean
Classic Mediterranean design featuring symmetrical facades, low-pitched tile roofs, and warm earth-tone exteriors.
Contemporary Mediterranean
A modern interpretation of Mediterranean style, allowing cleaner lines while maintaining traditional material and color palettes.
Tropical Mediterranean
Blends Mediterranean elements with tropical design features such as open-air living spaces, natural ventilation, and integration with the landscape.
Building Requirements
Size & Height
Sections 3.26, 3.27- Minimum construction area: 150 square meters
- Maximum building footprint: 15% of lot area
- Maximum height: 2 floors
- Maximum height: 8.5 meters from natural grade
- Swimming pools are included in the lot coverage calculation (Section 3.28)
Permitted Structures
Section 3.24Each lot may contain the following structures, subject to the size limits below:
- 1 Main House — must not exceed 66% of total construction area
- 1 Service/Guest House — must not exceed 25% of total construction area
- 1 Utility Structure (bodega, equipment room) — must not exceed 20% of total construction area
- 1 Swimming Pool — included in lot coverage calculation
Building Materials
Sections 3.3, 3.20All materials must be first-class quality with low environmental impact. Approved structural materials include:
Approved Materials:
- Reinforced concrete and CMU (concrete masonry unit) block walls
- Pre-cast concrete panels
- Structural steel framing
- Fibro-cement panels (e.g., Fibrolit)
- Styrofoam with mesh and stucco finish (ICF system)
Prohibited Materials:
- Metal siding or cladding (vinyl, aluminum, corrugated metal)
- Vinyl siding
- Exposed unfinished concrete block
- Wooden shingle roofing
Wall Finish & Approved Colors
Section 3.21All exterior walls must have a stucco finish. Only the following colors are approved:
Other colors may be considered through the variance process (Section 3.35). All colors must be approved by the ARC before application.
Roofing
Section 3.22Roofing must follow these requirements:
- Terracotta tiles (Teja) are the standard roofing material
- Simulated terracotta tiles are acceptable
- No flat roofs are permitted
- Wooden shingles are prohibited
- Corrugated metal roofing is prohibited
- All roofs must be consistent with the approved architectural styles
Fencing & Walls
Sections 3.23, 3.30Perimeter walls and fences must be pre-approved by the ARC and comply with these rules:
- Only block or formed concrete walls are permitted
- No barbed wire, razor wire, or chain-link fencing
- Fences must be set back a minimum of 1 meter from the property boundary
- Maximum fence/wall height: 8 feet (2.4 meters)
- No exposed, unfinished concrete block — all walls must have a finished surface
- Design must be consistent with the overall community aesthetic
ARC Approval Process
Overview
Sections 3.1, 3.16, 3.17No construction, alteration, landscaping change, or any physical modification may begin without prior written approval from the Architectural Review Committee. Plans must be submitted at least 30 days before the intended start of construction.
Key Requirements:
- All construction plans must be written in Spanish
- Plans must be reviewed and stamped by the Colegio de Arquitectos (College of Architects) of Costa Rica
- Environmental review by SETENA (National Environmental Technical Secretariat) is required
- Municipal construction permits from the Municipality of Santa Cruz are required
- The ARC has up to 1 month to review submitted plans (Section 3.6J)
Phase 1: Preliminary Design Review
Section 3.2aBefore submitting plans to any government agency, you must present the following to the ARC for preliminary review:
- 1.Completed ARC Application Form
- 2.Site plan showing the lot, proposed structure locations, and setbacks
- 3.Conceptual floor plans for all levels
- 4.Preliminary exterior elevations (all four sides)
- 5.Description of proposed building materials and color palette
Phase 2: Final Design Review
Section 3.2bAfter receiving preliminary approval and obtaining government permits, submit the following for final review:
- 1.Approved site plan with all dimensions, setbacks, and easements
- 2.Complete floor plans for every level, with dimensions
- 3.All exterior elevations (north, south, east, west)
- 4.Cross-section drawings showing heights and structural details
- 5.Roof plan showing materials, slopes, and drainage
- 6.Landscape plan showing plantings, hardscape, and irrigation
- 7.Copies of all government permits (Municipality, CFIA, SETENA)
- 8.Proof of liability insurance ($500,000 minimum)
- 9.Contractor registration and guarantee deposit
Timeline Summary
| # | Action | Timing |
|---|---|---|
| 1 | Submit preliminary design package to ARC | At least 30 days before intended construction start |
| 2 | ARC reviews and responds | Up to 1 month review period |
| 3 | Obtain Costa Rican permits (CFIA, Municipality, SETENA) | Managed by your architect/engineer |
| 4 | Submit final design package with all permits | Before construction begins |
| 5 | Receive written construction approval from ARC | Must be received before any work on-site |
Building Process Rules
Permits & Insurance
Sections 3.4a, 3.5, 3.13- All required Costa Rican construction permits must be obtained before work begins
- Builders must carry a minimum of $500,000 USD in liability insurance
- Proof of insurance is a condition of ARC approval — construction cannot begin without it
- The contractor must be registered with the ARC and pay the guarantee deposit
Building Hours
Section 3.4cSite Management
Sections 3.4d-f, 4.3- Noise and dust must be controlled at all times and minimized to the greatest extent possible
- Building materials must be stored neatly on the construction site in areas approved by the ARC
- No materials may be stored in common areas or on neighboring lots
- Construction waste must be disposed of properly and promptly — no accumulation of debris
- The construction site must be kept in a neat and tidy condition at all times
- All construction vehicles must park on the project site, not on common roads
- Screening of storage areas may be required by the ARC
Inspections
Section 3.5- ARC members may inspect any construction at any reasonable time with reasonable notice
- All new constructions are subject to a final inspection by the ARC
- Alterations and additions require the same final inspection as new construction
- Property owners must coordinate with the ARC to schedule required inspections
Additional Construction Rules
Sections 3.8, 3.9, 3.11, 3.12- Once approved, construction must proceed diligently without unnecessary delays
- No changes to approved plans without prior ARC approval
- Only new construction is permitted — no moving or relocating existing structures from outside the development
- ARC approval does not constitute a warranty of design quality, structural integrity, or compliance with building codes
Environmental & Sustainability
Water Storage
Section 3.36Every property is required to install a water storage tank with a minimum capacity of 5,000 liters. The tank must be hidden from view of neighboring properties and common areas.
Rainwater Collection
Section 3.37Rainwater harvesting systems are strongly encouraged for non-potable water uses such as irrigation and supplementing the community water system.
Solar Power
Section 3.38The use of solar energy systems is strongly encouraged as part of the development's commitment to sustainability and alternative energy sources.
Sewage & Septic
Section 3.31Each property must have its own septic system meeting SETENA (environmental) and Ministry of Health requirements. Double-tank septic systems are strongly encouraged to protect the aquifer from contamination (Section 3.41).
Drainage
Sections 3.32, 4.17All construction must minimize the impact of water runoff on neighboring properties. No construction may obstruct, interfere with, or change the direction or flow of pluvial (stormwater) drainage according to the development's drainage plans.
Native Landscaping
Sections 3.42, 3.44Native, low-water-consumption plants and grasses are required. Drip irrigation systems must be installed below ground. Key landscaping rules:
- A landscape plan is required for all construction projects and must be approved by the ARC
- Use native plants that thrive in the dry tropical climate with minimal water
- All irrigation systems must be below ground (drip or spray type) and designed to minimize water usage
- Property owners must keep landscaping properly maintained and irrigated
- No abandoned or overgrown areas permitted — maintain fire-free brush during dry season (January-June)
- Hedges and shrubbery must be kept trimmed and well-maintained
- Yard storage of building materials, scrap, vehicles, or boats is prohibited
- No livestock, poultry, or farm animals on any property
View Corridor Regulations
Sections 3.43, 5.2No construction may obstruct the horizontal view from a neighbor's slab level of the first floor by more than 15% of the global ocean view scope toward Brasilito Bay (west) and Flamingo and Potrero Bays (north-northwest). Trees and plants must be trimmed so their foliage does not invade or block neighboring properties' view lines. The view corridor impact of every structure must be approved by the ARC at least 30 days before construction begins.
Exterior Lighting
Section 3.34All exterior lighting must be directed downward to minimize light pollution. No flashing, neon, or decorative commercial-style lighting is permitted. LED lighting is encouraged for energy efficiency.
Certified Hardwoods
Section 3.39Any hardwood used in construction must be farm-grown or certified by MINAET (Ministry of Environment and Energy). The use of illegally harvested or uncertified tropical hardwood is prohibited.
Cross Ventilation
Section 3.40Building designs that maximize natural cross ventilation are strongly encouraged to reduce dependence on air conditioning and promote energy efficiency.
Common Area Flora
Section 3.45No property owner may alter or remove any trees, plant materials, or vegetation on common areas or on any abutting property. If plant materials become problematic in common areas, the Administrator must be notified for removal.
Sustainable Building Practices
Section 3.46The following sustainable practices are strongly encouraged:
- Solar power and alternative energy sources
- Rainwater collection for non-drinking water uses
- LED lighting throughout for low energy consumption
- Farm-grown or MINAET-certified hardwoods only
- Native, low-water-consumption landscaping with drip irrigation
- Sustainable recycling programs
- Propagation of native and endangered species of trees
- Double-tank septic and individual sewage treatment plants
Use Restrictions
Article 4In addition to architectural and building requirements, the following use restrictions apply to all properties within the development:
Residential Use Only (4.1)
All properties are for residential use exclusively. No commercial or industrial activity is permitted, with the only exception being a one-room home office generating five or fewer clients per day. Renting is permitted only for residential use — no timeshare or club membership use.
No Temporary Structures (4.2)
No trailers, tents, shacks, or temporary buildings may be used as residences. Temporary construction structures must be removed immediately upon project completion.
Antennas (4.5)
No antennas, satellite dishes (except small-dish Sky TV receivers), towers, or transmission equipment without ARC approval.
Vehicles & Parking (4.15)
Vehicles must be parked in garages or driveways only. Each lot must provide parking for at least 3 vehicles. No inoperable vehicles may be stored on any lot. Unauthorized parking on common areas is subject to a fine of at least $100 USD per day.
HVAC Equipment (4.18)
No heating, air conditioning, or ventilation equipment may be mounted on rooftops or be visible from neighboring properties.
Signage (4.13)
No signs of any kind may be posted on any lot or common area without prior ARC approval. No 'For Sale' signs are permitted.
Pets & Animals (4.11, 7.6)
Only dogs, cats, and birds are permitted as domestic pets. Dogs must be leashed (max 6 feet) when outside the property. Aggressive breeds must be kept indoors or in secure enclosures. No exotic pets, livestock, or farm animals. Pet barking must not exceed 30 decibels within a neighboring home.
Noise (7.4)
No loud noises at any time. Equipment noise prohibited between 10:00 PM and 6:00 AM. Sound must not exceed 60 decibels for more than 60 continuous minutes within a neighboring home (doors and windows closed).
Short-Term Rentals (7.5)
Rentals for periods shorter than 3 days are prohibited. Property owners must notify the Administrator before renting and provide renter names and passport numbers.
Trash & Recycling (4.7, 4.21)
Standard trash bins with fixed covers required. Recycling is strongly encouraged. No burning of trash. Properties must be kept free of debris at all times.
No Subdivision (4.14)
No residential lot may be further subdivided. No timesharing is permitted.
Water Use (4.23)
Water must be used responsibly. Unjustified abuse of water resources will be sanctioned with higher rates. Garden watering may be prohibited during water shortages.
Variances
Sections 3.35, 4.16The ARC may grant variances from these requirements under special circumstances. A variance request must include:
- A written justification explaining why the variance is needed
- Documentation showing the variance will not adversely affect neighboring properties
- Demonstration that the variance is consistent with the overall character and quality of the community
- Evidence that denying the variance would create an unreasonable hardship
Variances are granted at the sole discretion of the ARC (with approval from the Property Owners' Board of Directors for Article 4 restrictions). The ARC is not obligated to grant any variance request.
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