CLARKSBURG VILLAGE COMMUNITY ASSOCIATION

Transcription

1 CLARKSBURG VILLAGE COMMUNITY ASSOCIATION Policy Resolution for Community Center Use Revised: WHEREAS, Article IV, Section 4.1 C. of the Declaration of Covenants, Conditions, Easements and Restrictions (Declaration) for the, Inc. (Association) provides for the right of the Association to adopt reasonable rules regarding the use of Common Areas, Community Facilities and Village Greens; and WHEREAS, Article VIII, Section 8.8 O. of the Declaration for the Association prohibits private or exclusive or proprietary use of the Common Areas except with specific approval; and WHEREAS, Article VIII, Section 8.1 (a) of the Bylaws for the Association empowers the Board of Directors to adopt and publish rules governing the use of Common Area and the personal conduct of the Members and their guests thereon; and WHEREAS, the Board of Directors for the Association desires to establish rules to permit and regulate private/exclusive use of the Community Facilities known as the Clarksburg Village Community Centers or Clubhouses (Clubhouse or Clubhouses); and NOW, THEREFORE, BE IT RESOLVED that the following shall be the policy regulating the Clubhouses: I. General A. The Clarksburg Village Clubhouse facilities are located at Turtle Rock Terrace and Emerald Green Drive, Clarksburg, MD. B. The facilities are owned by the (Association). C. The Board of Directors for the Association is responsible for the general operation and management of the Clubhouse. These responsibilities include, but are not limited to daily operations, periodic maintenance, long-term repair, and improvements. D. The Board of Directors, in its sole discretion, shall retain the exclusive right to restrict, authorize or deny the use of all Clubhouse facilities. E. The Board of Directors, as it deems necessary, may delegate some or all Clubhouse responsibility to a Clubhouse Committee (Committee), to a Clubhouse Administrator (Administrator) or to the Association s management agent. 1. The duties and/or responsibilities of such Committee and/or Administrator shall be separately defined by the Board of Directors. 2. In the absence of a Committee or Administrator, duties hereunder will be assumed by the Management agent (Management). 3. Should the Board of Directors establish a Clubhouse Committee or retain a Clubhouse Administrator, a member of the Board of Directors may be appointed to serve as an ex officio member of such Committee and/or liaison with the Clubhouse Administrator. F. The Board of Directors may, from time to time, establish and/or modify fees for private/exclusive use of the Clubhouse.

2 P a g e 2 II. Clubhouse Rental Procedure A. The Clarksburg Village Clubhouse Facilities may be rented by the following people: 1. Clarksburg Village Members (Member or Members): a) Owners of homes that are part of the Association. b) Members must be current in their Clarksburg Village assessments. 2. Clarksburg Village Tenants (Tenants or Users): a) Tenants with a valid lease for a home that is part of the Association. b) The tenant must place a copy of the current lease on file with the Association. c) The member from whom the Clarksburg Village home is rented must be current in their Clarksburg Village assessments. 3. Other individuals/groups only at the sole discretion of the Board of Directors B. Applications 1. Applications for renting a Clubhouse may be obtained from: a) The management company; or b) On-site staff; or c) Via the Association s web site ( C. Application Procedure 1. Completed applications must be submitted to the Clubhouse Administrator at least two (2) weeks before the scheduled event. 2. Applications must be accompanied by one (1) certified check, bank cashier s check or money order comprising the following: a) The rental fee amount, and b) Security deposit amount 3. The amount of the clubhouse rental fee and security deposit shall be established by the Board of Directors and may be amended from time to time at its sole discretion. A table of rental fees is available on the Association website or from the Management Agent. 4. The clubhouse rental fee will not be prorated for rentals less than the established standard rental time block. Rentals exceeding the established rental time block shall be subject to an additional hourly fee as indicated on the table of rental rates. 5. The Member shall be responsible for all costs associated with a dishonored check which shall not be less than Thirty Five and xx/100 dollars ($35.00). 6. Requested rental times on the application must include time for set up and clean up after the scheduled use of the Clubhouse. 7. The Board of Directors for the Association, recognized Association committees, and sub-association Boards of Directors and their committees are not required to submit a written application. a) The president (or chairperson) of these groups can contact Management to schedule a Clubhouse. b) These groups will not be charged for using a Clubhouse. c) These groups may schedule their recurring meetings for a calendar year. 8. After receiving a completed application, the Clubhouse administrator will schedule the Clubhouse facilities. If the application is approved, the administrator will confirm the reservation(s) within five (5) business days of receiving the application.

3 P a g e 3 9. Cancellations shall be subject to a cancellation fee as may from time to time, be established by the Board of Directors and indicated on the table of rental rates. D. Prior to Rental 1. The Clubhouse administrator will make arrangements for the Member/User to pick up and drop off Clubhouse keys. 2. All Member(s)/User(s) must review the Clubhouse Inspection Checklist before using the facility to ensure that the facility is in good condition. 3. Member(s)/User(s) must report any discrepancies noted as soon as is reasonably practical to the Clubhouse administrator or the management company. E. Post Rental 1. Member(s)/User(s) are responsible for the cleaning the Center immediately after their activity. 2. Member(s)/User(s) are also responsible for complying with all items listed on the Clubhouse Inspection Checklist. 3. A building inspector will inspect the Clubhouse after the activity, but before the next scheduled activity. a) The availability of the inspector may require that the Clubhouse may not be scheduled for more than one (1) use per weekend (Friday evening through Sunday evening). 4. The inspector will ensure that the Member(s)/User(s) has complied with all items on the building inspection checklist. 5. The inspector will note any discrepancies with the building inspection checklist and will note violations of the rules for the use of the Clubhouse as part of the inspection report. 6. If the Clarksburg Village Board of Directors, its committees, its sub-association Board of Directors, or their committees are using the Clubhouse, the president (or chairperson) may be required to complete the building inspection checklist and return it to the management company or the Clubhouse administrator. 7. Non-compliance with the Clubhouse Inspection Checklist, failure to return the key and/or violation of any rule(s) for use of the Clubhouse will be deemed as a misuse of the Clubhouse and may subject the Member to an additional assessment and/or forfeiture of the security deposit. 8. If a Member(s)/User(s) fails to clean the center after an activity, the Clubhouse administrator will schedule an emergency cleaning. Cleaning costs will be deducted from the security deposit. 9. Any damage to the center, its furnishings, fixtures, or surrounding grounds shall be deemed a violation of this policy. 10. Only persons authorized by the Board of Directors of Directors shall make repairs to Clubhouse facilities. 11. All repair costs resulting from an activity will be deducted from the security deposit of the Member(s)/User(s). 12. If the additional charges described in this section exceed the security deposit, the Member will be charged an additional assessment to cover the difference. a) This assessment will be placed as a charge on the Member s account with the Association and become immediately due and payable upon notification. b) The association shall have the right to collect any charges, penalties or other expenses incurred due to the misuse of the Clubhouse as a regular assessment would be collected pursuant Article IV.E and VIII.16 of the Declaration of Covenants, Conditions, Easement and Restrictions for the Association. 13. If the User(s) is not a Clarksburg Village Member and does not have a Clarksburg Village Member Sponsor, the Association may initiate legal proceedings to collect damages. The User(s) will be responsible for all costs, including all legal fees, incurred during the collection process. 14. Refundable deposits will be returned within twenty one (21) business days after the activity. 15. Any request for appeal of damage determination and/or assessment must be made according to the appeal procedure as described in this policy.

4 P a g e 4 III. Clubhouse Rules 1. The Clubhouse shall not be used for unlawful purposes. 2. The maximum building occupancy must not exceed the number set forth in the occupancy permit issued by Montgomery County. The permit is displayed at the Clubhouse. 3. Clubhouse rentals shall occur between 8:00am-10:00pm. The facility shall not be used for private rentals outside of these hours without the express written consent of the Board of Directors. 4. Pets are prohibited except for bona fide service animals as defined by the Federal ADA. 5. Smoking is prohibited in the Clubhouse or on the deck/balcony facing the swimming pool. 6. Alcoholic beverages or tobacco products shall not be sold on the premises. 7. All Member(s)/User(s) are responsible for compliance with all statutes/codes/laws governing consumption of alcoholic beverages and/or use of tobacco products. 8. The swimming pool and pool deck areas are always off limits. Member(s)/User(s) who do not abide by this restriction will forfeit any future use of the Clubhouse. 9. The Clubhouse balcony may not be used during the swimming pool season (Memorial Day through Labor Day) during pool hours. At all other times, there shall be no food or beverages in the balcony area. 10. The Clubhouse office is off limits to all Member(s)/User(s) except the Clarksburg Village Board of Directors, management and staff. 11. Member(s)/User(s) may not store any items in the Clubhouse. 12. No glue, tape, staples, crepe paper, etc. may be placed on the railings, walls, windows or any painted surface. 13. All children under eighteen (18) years of age must be accompanied by an adult. Member(s)/User(s) must maintain an adult-to-child ratio of one (1) adult for every eight (8) children. 14. Excessive noise that disturbs surrounding neighbors is not permitted. Member(s)/User(s) will be subject to monetary penalties for excessive noise if either: a) The police charge a Clubhouse user for disturbing the peace, or b) At least two (2) homeowners submit written noise complaints to the Clubhouse administrator within seventy two (72) hours of the rental. 15. All Member(s)/User(s) shall agree to indemnify and hold harmless and defend the Clarksburg Village Community Association, the Board of Directors, the management agent and employees from all losses, liability, damages, and expenses (including attorney s fees) resulting from any injury or damage in any way associated with using the facilities. 16. All Member(s)/User(s) agree to comply with any rules and regulations promulgated by the Board of Directors for the Association as set forth herein or as may be modified from time-to-time. 17. No merchandise shall be sold at the Clubhouse during private rentals. 18. The Board of Directors, in its sole discretion, reserves the right to suspend or terminate a Member s/user s right to rent the clubhouse facility for future events if it is determined that the Member(s)/User(s) violated these rules. IV. Appeal Procedure 1. Any Member who is aggrieved by any action of the Clubhouse administrator or building inspector may appeal the action to the Board of Directors of Directors. Only Association Members shall have the right of appeal. 2. Any request for appeal must be made in writing to the Board of Directors of Directors within ten (10) days after the user has been notified of any penalty or additional assessment. After ten (10) days, the right to appeal will have been waived by the Clubhouse user. 3. After receiving a written appeal within the specified time frame, the Board of Directors will schedule a hearing. The Member requesting the appeal will be notified of the hearing date and time at least ten (10) days before the hearing. 4. At a hearing before the Board of Directors of Directors, the following procedures will be followed: a) Proof of the notice of hearing and the invitation to be heard will be placed in the minutes of the hearing. This requirement is waived if the Clubhouse user appears at the hearing.

5 P a g e 5 V. Amendments b) The Clubhouse administrator and the building inspector may present the information concerning the alleged violation. c) Such presentation may be in written form in lieu of an in-person presentation. d) The administrator and inspectors will be afforded a presentation time not to exceed ten (10) minutes. e) The Member, if present, may present information regarding the alleged violation. f) Such presentation may be in written form in lieu of an in-person presentation. g) The Member will be afforded a presentation time not to exceed 20 minutes. h) Any other parties who wish to speak at the hearing will be allowed a time period not to exceed three (3) minutes each. 5. Within fifteen (15) days after the date of the hearing, the Member will be advised, in writing, of the decision made by the Board of Directors. 6. The decision of the Board of Directors is final. However, any Member may appeal the Board of Directors decision to the Montgomery County Commission of Common Ownership Communities or to the Montgomery County Circuit Court. A. The Clarksburg Village Board of Directors of Directors may amend this policy according to applicable laws. Effective Date: April 5, 2017