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RIVERPARK VILLAS OWNER’S ASSOCIATION RULES TABLE OF CONTENTS 1. Definitions 2. Rules for Common Area 4. Rules for Docking Boats 5. Rules for other Recreation Special Use Areas 6. Special Uses 7. Rental of Units 9. Camping 10. Architectural Committee Rules 12. Hearings 13. Miscellaneous
RULES The following Rules have been adopted by the Board of Directors of Riverpark
Villas Owner's Association, Inc. pursuant to the Association's Articles
and Bylaws. Except as otherwise noted, the Rules shall apply to all Authorized
Users of the Common Areas. ARTICLE 1 1.1 Association. All references to the Association shall be to Riverpark Villas Owner's Association, Inc. 1.2 Special Use Area. A Special Use Area is a part of the Common Area that has been designated by the Association as an area set aside for a particular use and for which the Association may make different or additional rules. Examples are the Beach and Dock Special Use Areas, any one of the Recreation Areas, as well as any other Area that may be created by the Association as a special use area for Authorized Users. 1.3 Authorized User. An Authorized User is a person who is authorized
to use 1.4 Board. The Board is the Board of Directors of Riverpark Villas Owner's Association, Inc. 1.5 Common Area. Is the Common Elements as defined in the Declaration. 1.6 Guest. Guest means any person who, while visiting a Member, is invited
to 1.7 Member. Member means any person or entity that qualifies as a Member in accordance with the Association Bylaws. 1.8 Member in Good Standing. A Member in Good Standing is a Member who 1.10 Responsible Member. A Responsible Member is a Member who has Authorized User to use any of the Common Area or Special Use Area. 1.11 Unit. A Unit is a physical portion of the Common Interest Community
designated to separate ownership. ARTICLE 2 Subject to any specific rule governing a Special Use Area, the rules set out in this Section shall apply to all of the Common Area. 2.1 Obstruction. No Authorized User shall use or occupy an Area in such
a 2.2 Personal Property. Personal property may be brought upon an Area
on 2.3 Proper Use. The Common Area or Special Use Areas shall be used only for the purposes for which they were created. No Authorized User shall commit waste, any nuisances, vandalism, or damage on or to the Areas. 2.4 Improvements. The Common Area is for the exclusive use of Authorized Users. No improvement shall be altered, extended, removed or transferred to other Areas. Damage to an Area or any improvement thereon by an Authorized User shall be repaired at the expense of the Responsible Member. 2.5 Annoyance or Nuisance. No drunken or disorderly conduct is permitted
in any part of the Common Area. No noxious, offensive, dangerous or unsafe
activity shall be carried on in any part of the Common Area, nor shall
anything be done therein, either willingly or negligently, which may be
or become an annoyance or nuisance to the other Members or Authorized Users
or which may interfere with their peaceful enjoyment of the Common Area
or any Special Use Area for the purposes for which they were designed.
No Authorized User shall make or permit any disturbing noises or nuisance
activities or do or permit anything to be done that will interfere with
the rights, comforts or convenience of other Members or Authorized Users.
No Authorized User shall play any musical instrument or generate any other
sound at high volume or in any other manner that shall cause unreasonable
disturbances to other Members or Authorized Users. 2.6 Adjoining Parcels. Use of the Common Area shall be in a manner that will not interfere with the use and enjoyment of adjoining Units. 2.7 Compliance with Law. No immoral, improper, offensive or unlawful use may be made of the Common Area. Authorized Users shall comply with and conform to all applicable federal state and local laws and regulations. The violating Authorized User shall hold the Association and other Members harmless from all fines, penalties, costs and prosecutions for any violation or noncompliance. 2.8 Pets. Any pet causing or creating a nuisance or unreasonable disturbance or noise shall be permanently removed from the Property upon three days' written notice. Following Notice and Hearing, the decision of the Board shall be final. Owner shall hold the Association harmless from any claim resulting from pets they allow in their Unit. Such pets must be totally contained inside the residential dwelling except for periods of exercise, during which time they must be leashed, attended and under the control of the responsible Owner. Any droppings in the Common Area must be picked up and removed immediately by the responsible Owner. Notwithstanding the above, in no event will any dog whose breed is known for its viciousness or ill temper, in particular, the American Staffordshire Terrier, known as a "Pit Bull Terrier," be permitted on the premises, nor any animal of any kind that has venom or poisonous or capture mechanisms, or if let loose would constitute vermin, will be allowed on the premises. 2.9 Curfew. No part of the Common Area may be used or occupied earlier than one-half hour before sunrise nor later than two hours after sunset, except for purposes of launching or docking boats at the Beach and Dock Special Use Area. 2.10 Glass Containers. Glass containers shall not be permitted on any part of the Common Area. Each Unit Owner shall be responsible for cleaning up all broken glass arising from the use of the container by a Member or a guest of Member. 2.11 Commercial Activities. No commercial, religious or political activities or solicitations shall be permitted on any part of the Common Area. 2.12 Motor Vehicles. The use, storage and parking of motor vehicles shall be governed by Article 8. 2.13 Foliage. The planting and care of foliage in the Common Area is within the sole discretion and responsibility of the Association. Members and other Authorized Users shall not be permitted to plant or place shrubs, trees, vines or other types of plants on the Common Area, or to remove the same, unless permitted to do so by prior written permission of the Board. 2.14 Common Driveways. All common walkways and common driveways must be at all times kept free of obstructions. Vehicles may not be parked on a common driveway. 2.15 Trash. Litter and other waste shall not be placed on any part of the Common Area, except for waste containers specifically authorized for that purpose. All litter and other waste material shall either be deposited in containers provided for that purpose or shall otherwise be removed by the Authorized User. Fish cleaning and the deposit of fish cleaning waste shall not be done in any of the areas. 2.16 Fireworks. The possession or use of fireworks of any type on any part of the Common Area is prohibited. 2.17 Firearms. The discharge of firearms or other weapons on any part of the Common Interest Community is prohibited. 2.18 Conduct in Common Area. Each Member is at all times personally responsible for the conduct of the Member's family, guests, guests of the family, and all occupants. This responsibility extends but is not limited to any damage or destruction to any part of the Common Area. 2.19 “At Risk” Activities. Any person who chooses to engage in any authorized use, including all recreational uses of any area, whether in the water or on any dock that extends into the water, does so at their own risk. All persons, especially parents or guardians of children and their guests are completely responsible for such persons and shall not permit them to enter the water or on any dock, regardless of age, if they are not competent swimmers, unless a responsible adult accompanies them at all times. THE ASSOCIATION DOES NOT PROVIDE FOR THE SUPERVISION OF THE COMMON AREA, BEACH AREAS OR DOCK AREAS, NOR DOES IT PROVIDE LIFEGUARD SERVICES, NOR DOES IT ASSUME ANY LIABILITY FOR ACCIDENT OR INJURY TO ANY PERSON WHO MAY CHOOSE TO USE THE COMMON AREA OR PUBLIC WATERS ADJACENT TO THE DEVELOPMENT. 2.20 Liability. USE OF THE AREA BY MEMBERS AND OTHER AUTHORIZED USERS SHALL BE AT THE USERS OWN RISK. ALL SUCH PERSONS SHALL INDEMNIFY THE ASSOCIATION, ITS OFFICERS, DIRECTORS AND OTHER MEMBERS, AND SHALL HOLD THEM FREE OF ANY LIABILITY RESULTING FROM THEIR USE OF THE COMMON AREA. 2.21 Guest Use. Use of an Area by Guests shall be restricted to occasional, non-repetitive usage by the same Guest without being accompanied by the Member or a person from the Member's household. 2.22 Motorized Vehicles. No motorcycle, ATV, or snowmobile or any other 2.23 Motorized Personal Watercraft. Motorized personal watercraft may not be operated on any part of the Common Area or Beach Special Use Area or adjoining water, nor may they be parked at any dock, in a manner that creates a safety hazard or nuisance to other owners or authorized users. 2.24 Water Service. The water supply to each Unit is on a year-around basis. Unit Owners shall provide written notice to the Board if their Unit is to be winterized. 2.25 Group Use. Authorized Users in excess of ten, in addition to the
Member and his or her spouse and children, may not use the Common Areas
without first obtaining prior written approval from the Board, subject
to any additional restrictions that the Board, in its sole discretion,
may impose. Any request for Group Use of the Common Area shall be submitted
in writing to the Board in sufficient time to allow the Board to respond
to the request. Failure of the Board to respond to the request shall constitute
a denial of the request. ARTICLE 3 The Rules at Article 2 above together with the following Rules shall govern the use and occupancy of the Beach and Dock Special Use Area by all Members and other Authorized Users. 3.1 Area Defined. The portion of the Common Area designated as the Beach and Dock Special Use Area is situated in the area designated as Beach and Dock Area on the Plat. 3.2 Permitted Activities. The Beach and Dock Area shall be used as a boating
center, marina, swimming and beach area. Permitted uses for the area shall
be as follows: Authorized Users may bring into and use on the Beach and Dock Special Use Area recreational items so long as they do not unreasonably interfere with the use of the Area by other Authorized Users, and so long as the items are removed from the Area once the person leaves the Area.
The common Rules at Articles 2 and 3 above together with the following Rules shall Govern the use of the Dock Special Use Area by all Members and other Authorized Users. 4.1 Area Defined. The Dock Area will be located at such places along the shoreline as the Association determines from time to time. 4.2 Permitted Activities. The Dock Area shall be used as follows: a. Boating and related Activities: b. Miscellaneous Activities: Authorized Users may bring unto and use on the Area recreational items so long as they do not unreasonably interfere with the use of the Area by other Authorized Users, and so long as the items are removed from the Area once the person leaves the Area. 4.3 Docks. The handling of docks and lifts shall be as follows: a. The Board may maintain docks for docking and mooring of watercraft. The installation and removal of docks shall be performed under the direction of the Board. b. Each Unit Owner shall be entitled to dock one boat in the Dock Area.
Each Owner may provide, at the Owner's expense, a lift for the boat. The
Board must approve the lift and the color of the canopy in advance of its
installation. The Board shall assign the space for the boat and lift. ARTICLE 5 Other Special Use Areas currently consist of a fire pit, play area, and picnic area. Use of those areas by Authorized Users shall be limited to the use for which it was created and shall be used by such persons in a manner that will not unreasonably interfere with other Authorized Users.
ARTICLE 6 Notwithstanding the permitted uses outlined in these Rules, the Common Area shall be subject to the following restrictions: 6.1 Limitation on Activities. None of the following may take place within any of the Common Area without the prior written consent of the Association: Use of an Area by more than ten guests per family unit at any
one time as referenced at 2.25 above. Such permitted use may include, but
not be limited to, picnics, reunions, and receptions. Overnight docking and mooring of boats The Association reserves the right to limit such activities and may impose limitations that the Association, in its sole discretion, considers being most appropriate.
ARTICLE 7 Except for the right of the Declarant to lease Units as stipulated in the Declaration, all other rental of the Units is prohibited.
ARTICLE 8 Each Unit has been assigned space adjacent to their Unit for purposes
of parking motor vehicles. Any vehicles of any nature that are unable to
be parked at those locations must be parked in areas designated by the
Association.
ARTICLE 9 Camping is only permitted in an area that may be designated by the Association, subject to prior written approval by the Association or its designated agent. All such activity shall also be in conformance with applicable county laws and regulations.
ARTICLE 10 [This Article is reserved for future Rules authorized by Section 8 of the Declaration.]
ARTICLE 11 The enforcement of all Rules shall be the responsibility of the Board or its designees. Rules regarding the handling of complaints and the imposition of penalties for the violation of any Rule or Bylaw provision shall be subject to the following: 11.1 Complaint. Any complaint regarding a violation of a Rule or these Bylaws shall be placed in writing on a form or in a manner established by the Board. The complaint shall be submitted to the president of the Association or to any one of the Board members designated by the Board to receive complaints. Each complaint shall include. the name of the violating party, cite the Rule that is claimed to have been violated, state the basic facts constituting the violation, and shall be signed and dated by the complaining party. 11.2 Notice of Violation. If the alleged violator is a Member, the President or the President's designee shall, within five (5) days of the date the complaint is received by the President or the President's designee, serve a copy of the complaint upon the alleged violator, either personally or by US mail addressed to the Member's last known mailing address. Violations by a member of the Member's household, a Tenant, or a guest of the Member or of a Tenant shall result in a notice being served upon tile Responsible Member in the same manner. 11.3 Opportunity to Comply; If a violation consists of an isolated incident where ceasing some activity or taking affirmative action to comply with a Rule or Bylaw provision, will bring the violating party into compliance, the Responsible Member may be given a reasonable opportunity to establish compliance. In such situations the notice shall state the time within which to comply. 11.4 Temporary Restraint. Any one of the Directors or any other person designated by the Board to enforce the Rules may impose an immediate “Cease and Desist” temporary order to restrain and prevent an Authorized User or other person from violating these Rules and regulations. The violating party shall comply immediately with the directions of the director or the Board designee. In the event the person fails to comply with the designee's request or order, such conduct shall be considered to be disorderly and refusal to vacate the Area shall constitute a trespass for which law enforcement personnel can be summoned. 11.5 Sanctions. A majority of the Board shall have the power to take whatever disciplinary action they consider appropriate upon any complaint they consider to have merit as provided in Section 14 of the Declaration. Such action may include, but not be limited to: The imposition of a fine; Sanctions imposed pursuant to Section 14.2 d, e, f or g of the Declaration will not become effective until such time that the Responsible Member is given written notice of the Board's proposed action and is given an opportunity for a hearing as provided herein. A hearing will be deemed to be waived if the violating Responsible Member fails to serve the president with a written request for a hearing, either personally or by US. mail, within ten (10) days of the date the Member is either served personally with a copy of the notice or from the date the notice is mailed to the Member.
ARTICLE 12 12.2 Decision. The panel shall make its decision after considering all of the evidence presented. The panel may either dismiss the complaint or find that a violation has taken place. If a violation did take place, the panel may either affirm the penalty that was imposed or impose a different penalty that the panel, in its sole discretion, deems to be more appropriate under the circumstances. The decision of a majority of the panel shall be final. A copy of the decision shall become part of the records of the Association. A copy shall also be delivered to the Member, or mailed to the Member at the Member's last known address within ten (10) days after the hearing. The decision of the panel is final and shall not be appealable.
13.1 Amendments. These Rules may be modified at any time by Board action in accordance with the provisions of the Association's Bylaws. 13.2 Notice of Rules. Each Owner, member of the Owner's household, and Tenant shall be responsible for acquainting themselves and their guests with these Rule and for insuring that their guests comply with all Rules while using any Common Area. The undersigned, hereby certifies that the foregoing Rules were adopted by the Association at a meeting duly held for such purpose and that they shall remain in full force and effect until their later modification.
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