TRILOGY AT VISTANCIA COMMUNITY ASSOCIATION ASSOCIATION RULES [8/1/05 2:40 PM]

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1 TRILOGY AT VISTANCIA COMMUNITY ASSOCIATION ASSOCIATION RULES

2 TRILOGY AT VISTANCIA COMMUNITY ASSOCIATION ASSOCIATION RULES Table of Contents Page ARTICLE 1 PURPOSE, ORGANIZATION AND FINANCE 1.1 Defined Terms Project Documents Management Committees Communication Finance - Assessment Collection Policy...7 ARTICLE 2 VISTANCIA MAINTENANCE CORPORATION...10 ARTICLE 3 COMMON AREA AND FACILITIES GENERAL RULES 3.1 Membership and Renter Identification Cards Guests Using the Facilities on Common Areas General Rules Applicable to All Common Areas Rules Applicable to the Kiva Club ARTICLE 4 GENERAL RULES GOVERNING THE USE OF GOLF CARTS...23 ARTICLE 5 GENERAL RULES GOVERNING THE USE OF LOTS AND COMMON AREAS 5.1 Animals Garage Doors Garage Sales Maintenance of Lots Open Houses Signs Trash Containers Private Streets

3 ARTICLE 6 POLICY OF CORRECTIVE ACTIONS AND SCHEDULE OF FINES 6.1 Notice and Hearing; Suspension of Rights; Lien Rights Violations of Section 3.1 of the Declaration, Architectural Control Violations of Section 3.7 of the Declaration, Trash Containers and Collection, and Section 5.7 of these Rules, Trash Containers Violations of Section 3.12 of Declaration, Animals, and Section 5.1 of these Rules, Animals Violations of Section 3.17 of the Declaration, Vehicles and Parking, and Section 5.8 of these Rules, Private Streets Violations of Section 3.33 of the Declaration, Housing for Older Persons; Age Restriction, and Violations of Article 8 of these Rules, Policies, Procedures, Rules And Regulations For Occupancy Restrictions Violations of Section 7.2 of the Declaration and Section 5.4 of these Rules, Maintenance of Lots Violations of Section 7.7 of the Declaration, Installation of Landscaping Other Violations ARTICLE 7 COMPLAINTS CONCERNING VIOLATIONS...30 ARTICLE 8 POLICIES, PROCEDURES, RULES AND REGULATIONS FOR OCCUPANCY RESTRICTIONS 8.1 Purpose Occupancy Requirements Age Verification Incorporation of Provisions in Declaration...32 ARTICLE 9 TRILOGY CLUBS TRILOGY CLUBS Introduction General Information Establishing a Trilogy Club Membership And Club Operation Financial Controls and Procedures Fees and Charges

4 EXHIBITS: Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Age Verification for Trilogy at Vistancia Community Association Age Verification for Renters at Trilogy at Vistancia Community Association Age Verification Survey for Trilogy at Vistancia Community Association List of Approved Club Forms Available at Association Office

5 TRILOGY AT VISTANCIA ASSOCIATION RULES (Adopted March 1, 2004) ARTICLE 1 PURPOSE, ORGANIZATION AND FINANCE 1.1 Defined Terms. Unless otherwise defined, the capitalized words and phrases when used in these Rules shall have the meanings set forth in Article 1 of the Declaration of Covenants, Conditions and Restrictions for Trilogy at Vistancia. 1.2 Project Documents. The Trilogy at Vistancia Community Association was established on April 14, 2003, as an Arizona nonprofit corporation for the purpose of providing management, maintenance and care of the Common Area (which includes, without limitation, the Kiva Club and Alvea Spa) and any other property placed under its jurisdiction. The duties and powers of the Association are defined in the following documents, which are hereinafter referred to as the Project Documents : (i) (ii) (iii) (iv) (v) (vi) Declaration of Covenants, Conditions and Restrictions for Trilogy at Vistancia, as may be amended from time to time (the Declaration ), and any Supplemental Declaration that may be Recorded over all or any portion of the Project; Articles of Incorporation of Trilogy at Vistancia Community Association; Trilogy at Vistancia Community Association Bylaws; Association Rules (these Rules ); Design Guidelines; and Declaration of Covenants, Conditions, Restrictions and Easements for Trilogy at Vistancia Golf Club. Each Member of the Association is provided with a copy of all Project Documents, and all Project Documents will be available for viewing on the Trilogy Website described in Section 1.5 below. By taking title to a Lot within the Property, a Member agrees to comply with the provisions of the Project Documents as they pertain to the Owners and Members. These Rules are supplemental to all other Project Documents. Members are encouraged to read all Project Documents to gain an understanding of how the Association operates and what restrictions are placed upon their Lots and the Common Area. 1.3 Management. The Board is responsible for the administration of the Association and is authorized to hire personnel necessary for the daily operation of the Association and its Areas of Association Responsibility. Until the Transition Date (as defined in Section 1.53 of the

6 Declaration), the Declarant has the authority to appoint and remove members of the Board. After the Transition Date, the Members of the Association will elect the Board. The Board has selected a management team to oversee the daily operation of the Association. The management team will report to the person the Board has selected to supervise the management team (the Manager ), who will work closely with the Board to assure that the Association is being operated in a manner that will enhance and preserve the Property. 1.4 Committees. As the Project develops, the Board may appoint individuals to serve on committees to assist the Board on professional, technical and organizational matters. These committees may include, but are not limited to: (i) (ii) (iii) (iv) (v) (vi) (vii) Architectural Review Committee Communications Committee Elections Committee Financial Committee Golf Committee Maintenance Committee Resident Partner Committee (viii) Patrol and Gate Committee (ix) Social Activities Committee Members will be notified when committees are formed and the names of individuals appointed to the committees. Members are encouraged to advise the Manager of any interest in serving on a committee. 1.5 Communication. Communication between the Members, the Board and the management team is an important component in the success of any neighborhood association. The electronic website for Trilogy at Vistancia and other Trilogy communities developed by Affiliates of Declarant, (the Trilogy Website ), is available to Members and will be the primary method of communication for the Project. Specific rules for use of the Trilogy Website are posted on the website. Trilogy Website communications also will be posted or available at the Association office for those Members who do not wish to receive communications electronically. A newsletter may be prepared by the management team from time to time and made available to each Member on the Trilogy Website or by pickup at the Association office. Bulletin boards may be located in the Kiva Club. The boards will be used to promote Association events and activities. Registration sheets for Association classes and activities may also be posted on the boards, made available at the Association office and posted on the Trilogy

7 Website. Postings by persons, groups or organizations other than the Association is prohibited unless approved by the Manager. Solicitation and electioneering on Association property is prohibited. A courtesy telephone is available in the Kiva Club for local and emergency calls only. 1.6 Finance - Assessment Collection Policy. The funds necessary to operate the Association and its facilities are provided by the Assessments levied by the Association against each Lot within Trilogy at Vistancia, and for any time period in which the Board elects to issue Non-Resident Club Memberships (defined in Subsection 3.1.4), the fees and dues charged to each Non-Resident Club Member ( Non-Resident Club Dues ). The Board, subject to the provisions of the Declaration, has the authority to levy (i) Annual Assessments to provide for the operation and management of the Association and to provide funds for the Association to pay all Common Expenses and to perform its duties and obligations under the Project Documents, (ii) Special Assessments for the cost of any construction, reconstruction, repair or replacement of facilities upon the Common Area (e.g., the cost of repair or reconstruction of an Improvement upon the Common Area for which funds have not been collected and reserved), and (iii) Neighborhood Assessments for special services provided to less than all Owners of Lots (e.g., the cost of maintenance and repair of Common Area reserved for the exclusive use of less than all Owners). The financial stability of the Association is dependent upon the timely payment of all Assessments, Non-Resident Club Dues (when applicable) and all other fees and charges of the Association. Billing statements for Assessments will be mailed to each Owner at least two weeks prior to the due date. The following rules shall apply to the payment of Assessments: 1st day of each January, April, July and October: 15th day of month in which assessment is due: Assessment is due and payable to Trilogy at Vistancia Community Association at an address provided to each Owner by the Association from time to time. If payment is not received at the above address by this date, a $15.00 charge for late payment is automatically assessed. Charges for late payment will be applied on every account showing one full assessment due with no notice to Owner. 15th day of the following month (45 days delinquent): If payment is not received at the above address by this date, an intent to lien letter will be sent to the delinquent Owner, which

8 will explain the process that will take place on the last day of the month (approximately 60 days delinquent). Last day of following month (60 days delinquent): 90 days after assessment was originally due: Returned checks: If payment is not received within two months after its due date, a letter will be sent to the Owner demanding full payment of the assessment and the late charges. In addition, a rebilling and processing fee plus a lien fee will be added to the Owner s delinquent account and a lien will be recorded on the Owner s property. At this point, payment must include all late charges and fees and be paid by cashiers check, certified check or money order. The lien will remain on the property until the account is current. The matter is referred to an attorney or collection agency for collection. Remedies may include filing a lawsuit against the delinquent Owner. Any fees incurred in the collection of this matter will be charged to the delinquent Owner. All Owner privileges, including the right to vote and the right to use the Common Area (except that no Owner will be denied access to his Lot) will be revoked until full payment is received. There will be a charge for checks not paid by an Owner s bank. All fees and charges for delinquencies will be at the cost charged to the Association by the provider of the services. The fiscal year for the Association is the calendar year. The amount of the Annual Assessment will be determined each year by the Board and all Owners will be notified of the

9 Annual Assessment for the next fiscal year at least thirty days prior to the beginning of the new year. The following rules shall apply to the payment of Non-Resident Club Dues: 1st day of each January, April, July and October: 15th day of month in which Non- Resident Club Dues are due: Returned checks: Assessment is due and payable to Trilogy at Vistancia Community Association at an address provided to each Non-Resident Club Member by the Association from time to time. If payment is not received at the above address by this date, the Non-Resident Club Membership automatically shall be terminated. There will be a charge for checks not paid by an Owner s bank

10 ARTICLE 2 VISTANCIA MAINTENANCE CORPORATION Trilogy at Vistancia is a Village within the master planned community of Vistancia. Vistancia is comprised of the City of Peoria s Planned Community Districts known as Lakeland Village and Whitepeak Ranch. Single family homes, multi-family dwellings (including, without limitation, rental apartments, town houses and condominiums), recreational amenities (both public and private), worship sites, professional offices, commercial and industrial development, schools, governmental offices and service sites are all included as possible land uses within Vistancia. All property within Vistancia, including Trilogy at Vistancia, is subject to the Declaration of Covenants, Conditions and Restrictions for Vistancia, dated July 9, 2003, Recorded on July 9, 2003, in Instrument No , as amended or supplemented from time to time (the Vistancia Declaration ). The Vistancia Declaration provides that all Villages within Vistancia and the owners of all non-residential parcels within Vistancia shall be assessed periodically to provide funds to the Vistancia Maintenance Corporation for the maintenance and operation of the Vistancia Community Common Areas, which include the master trail system throughout Vistancia. The Vistancia Annual Assessment is included in the Annual Assessment payable to the Trilogy at Vistancia Community Association. Members should read and understand the Vistancia Declaration to gain an understanding of how the Vistancia Maintenance Corporation operates

11 ARTICLE 3 COMMON AREA AND FACILITIES GENERAL RULES 3.1 Membership and Renter Identification Cards Private Property. The facilities located on all Common Areas are private and not open to the general public Membership Identification Cards. Membership identification cards will be distributed to Owners upon visiting the Association office after closing a Lot within Trilogy at Vistancia. The Association will issue 2 membership identification cards to the Owner of each Lot at no cost. If more than two Owners or Residents reside in a home and desire to use the recreational facilities, each additional Owner or Resident must purchase a membership card at a cost of one-half the current Annual Assessment. Such additional membership cards must be purchased on an annual basis only. If any such additional Owner or Resident can show proof that he/she does not intend to and will not use the recreational facilities, then the Board may waive the fee charged for such additional membership card Renter Membership Identification Cards. If a Lot is being leased, the Residents of that Lot shall be entitled to use the facilities on the Common Areas upon issuance of renter membership identification cards, provided that if there are more than two Residents of a leased Lot, a membership card must be purchased for each additional Resident at a cost of onehalf the current Annual Assessment. All renter membership identification cards shall be issued to an Owner for the benefit of such Owner s renters upon completion of a rental policy form and the surrender of the Owner s membership identification cards. All renter membership identification cards shall be subject to a nominal processing fee. In accordance with Subsection of the Declaration, an Owner has no right to use the Common Area if such Owner s Lot is leased Non-Resident Club Members. The Declaration permits the Association to allow persons who are not Owners or Residents to use the recreational facilities, subject to certain provisions. The Board has elected to grant to a limited number of persons who are not Owners or Residents (a Non-Resident Club Member ) the privilege of using certain facilities at the Kiva Club and Alvea Spa (a Non-Resident Club Membership ), subject to all of the Rules contained herein, where applicable, and subject to additional rules applicable only to Non- Resident Club Members (if any). Any person who has applied for and received a Non-Resident Club Membership shall be entitled to use the following recreational facilities within the Kiva Club and Alvea Spa: swimming pools and hot tubs, all facilities within the Athletic Club (i.e., locker rooms, aerobics studio, cardio equipment and weight equipment), tennis courts, bocce courts and the services offered by the Alvea Spa at rates determined by the Alvea Spa from time to time (collectively, the Non-Resident Club Member Facilities ). Except for the private streets within the Project used for access to the Kiva Club and Alvea Spa, a Non-Resident Club Member shall not be entitled to use any other Common Area within the Project or any Vistancia Community Common Area. By accepting a Non-Resident Club Membership, Each Non- Resident Club Member acknowledges that the membership held is not a membership in the Association, but rather it is a membership for the limited use of the Non-Resident Club Member

12 Facilities. Each Non-Resident Club Membership shall be issued by the Association for a limited time period, and the decision whether to renew or extend such Non-Resident Club Membership for any period of time is at the sole discretion of the Board, subject to the provisions of Section 5.14 of the Declaration. In addition, Non-Resident Club Members may be subject to restrictions established from time to time on the use of the Non-Resident Club Member Facilities during peak hours. By accepting a Non-Resident Club Membership, a Non-Resident Club Member agrees to comply with the provisions of these Rules as they pertain to the Owners and Members, where applicable, and any additional Rules adopted which may pertain only to Non-Resident Club Members. Wherever the term Member appears in these Rules, the definition shall include a Non-Resident Club Member unless otherwise specified Non-Resident Club Membership Cards. A membership card shall be issued to each Non-Resident Club Member upon application for Non-Resident Club Membership, acceptance thereof by the Association and full payment of fees. Non-Resident Club Members are not entitled to bring guests to the Kiva Club or Alvea Spa Evidence of Membership. The membership identification cards give evidence to Association employees that a person is entitled to use the facilities on the Common Areas. Membership identification cards must be carried or worn by Owners, Residents and Non- Resident Club Members whenever using the facilities. Persons not possessing a membership identification card shall not be allowed to use the facilities. If a membership identification card is lost or stolen, it should be reported to the Manager immediately. Replacement cards will be issued for a fee to cover the cost of replacing the card. 3.2 Guests Using the Facilities on Common Areas. Residents shall be entitled to have guests accompany them and use the recreational facilities on Common Areas in accordance with the provisions of this Section: Restrictions, Terms and Conditions of Guest Usage. (i) (ii) (iii) Guests 3 years of age and older must be registered by the host Owner or Resident at the Association office and must wear or carry with them guest identification at all times when using the facilities. Guests not possessing guest identification or a Facilities Pass (described below) may be asked to leave the facilities by Association staff. Lost guest identification or Facilities Pass may be replaced for a fee. The Residents of each Residential Unit shall limit the number of guests using the facilities at any one time to 6. Use of the facilities by more than 6 guests will require a reservation to be made with the Association s Activities Director and may be subject to rental fees applicable to group functions. Guest identification will not be issued to any person for more than a total of 30 days in any calendar year. Any guest that is occupying a Residential Unit with a Resident and wishes to utilize

13 the facilities for more than 30 days in any calendar year must purchase a Facilities Pass as described in Subsection below. (iv) (v) (vi) Guests under the age of 18 must be accompanied by the host Owner or Resident at all times while using any of the facilities unless special arrangements have been made with the management team. Guests 18 years of age and older may use the facilities without being accompanied by the host Owner or Resident; however, Owners and Residents are encouraged to accompany their guests. Guests must comply with all Association policies, rules and dress codes. The Association may revoke without notice the privileges of any guest who elects not to comply with the Association policies, rules and dress codes Guests of Declarant and Affiliates. Pursuant to Subsection 4.2(iii) of the Declaration, Declarant and its Affiliates have the right to permit prospective purchasers to use the recreational facilities. Purchasers that have signed a purchase contract with Declarant or an Affiliate but have not yet closed escrow and do not yet reside in Trilogy at Vistancia ( Purchaser Guests ) shall have the right to use the facilities upon presenting a copy of their purchase contract at the Association office and receiving guest identification to be used until the close of escrow. Purchaser Guests shall be subject to the same rules and regulations as Owners and Residents, except that Purchaser Guests shall not be entitled to become committee members or Trilogy club members (as described in Article 9 of these Rules) until such Purchaser Guests have become Owners and/or Residents Guest Fees. Except for guests requiring a Facilities Pass pursuant to Section 3.2.1(iii) above, no guest fees will apply as of the date these Rules are adopted. However, Owners and Residents shall use reasonable judgment with respect to guest usage of the Common Area facilities. The Board reserves the right to establish guest fees at any time the Board deems necessary to reasonably control usage of the facilities Facilities Pass. Guests 3 years of age and older may not use the facilities for more than 30 days in any calendar year without a Facilities Pass. A Facilities Pass shall be issued by the Association to a guest at the sole discretion of the Association. In order to obtain a Facilities Pass for a guest, an Owner or Resident must (i) submit an application to the Board for a Facilities Pass on a form supplied by the Association, (ii) state on the form that the guest is occupying the Owner s/resident s Residential Unit during the proposed duration of the Facilities Pass, and if such application is approved, (iii) pay to the Association a sum equal to the amount of the current Annual Assessment divided by 360 and multiplied by the number of days that the Owner/Resident desires for the Facilities Pass. For example, if the Annual Assessment is $1,500.00, the daily charge for a Facilities Pass would be $4.1667, and a Facilities Pass for 90 days would equal $ Upon approval, a Facilities Pass with picture identification will be issued to the guest. If a Facilities Pass is desired for a term longer than the initial application

14 period, an Owner/Resident must repeat the application and payment process after the initial process. The payment for a Facilities Pass shall be non-refundable. An Owner or Resident applying for a Facilities Pass for a guest should allow at least 2 weeks for the Association to consider issuance of a Facilities Pass Responsibility for Guests. Owners and Residents are responsible for the actions of their guests. A violation of any rule by a guest will be deemed a violation by the host Owner or Resident. 3.3 General Rules Applicable to All Common Areas Release of Liability. Each person using the recreational facilities on the Common Areas does so at his or her own risk and hereby accepts and assumes any and all health and other risks as may now or hereafter be or become associated with such use, and agrees not to assert or make any claim against the Declarant or any Affiliate, the Association, or any director, officer, employee, agent, representative or contractor of the Declarant, any Affiliate or the Association Code of Conduct. (i) (ii) (iii) (iv) (v) All persons must conduct themselves in a civil and courteous manner at all times and must not jeopardize or interfere with the rights and privileges of others. Loud, profane, indecent or abusive language is prohibited. Harassment or physical abuse of any person by another is prohibited. No person s actions shall compromise the safety of another. All persons using the facilities on the Common Areas shall obey all safety rules and shall cease unsafe activity when directed to do so by Association employees. Abusive use of the equipment and facilities located on the Common Areas is prohibited Association Employees. All persons shall respect the duties and authority of Association employees. Any directives, verbal or written, from Association employees shall stand. If any person disputes an Association employee s actions, then that person shall be entitled to a hearing before the Board, or any committee or individual appointed by the Board for such purpose, to determine the validity or acceptability of any disputed action. Until the Board or its appointee decides otherwise, the action shall be deemed valid and acceptable. Any inattention to duty or lack of courtesy by an Association employee should be reported to the Manager or the Board. All Association employees must wear name tags when on duty. Association employees who are not Owners or Residents shall be permitted to use the facilities on the Common Areas during normal hours of operation

15 3.3.4 No Smoking Policy. Smoking is prohibited in all indoor areas of Common Area and in the outdoor swimming pool areas Notices and Advertisements. Only notices or posters related to Association-approved activities or events will be placed or distributed on Common Area and must have the approval of the Manager. Such approval must be evident on the notice or advertisement Alcoholic Beverages. Except for transportation over the private streets in closed containers, no alcoholic beverages may be brought by a Resident to any Common Area Pets. Pets (except for assistive animals) shall not be allowed inside or in the outdoor areas of the Kiva Club or Alvea Spa, including all sports facilities Violations. Any person who refuses to comply with these Rules may be asked to leave a Common Area by Association employees. The Association shall take all actions available to it pursuant to the Project Documents with respect to chronic offenders Lost and Found. Lost and found items will be retained at the Association office for a 30-day period of time and then discarded if not claimed. 3.4 Rules Applicable to the Kiva Club. The Kiva Club offers many activities for Owners and Residents. Rules and operating instructions are posted throughout the Kiva Club to assist Owners and Residents in procedures and the operation of equipment. Persons using the equipment installed in the Kiva Club should familiarize themselves with the equipment before using it. Association employees are available to help during normal business hours. The following rules apply to the specific areas of the Kiva Club: Days/Hours of Operation. The days and hours of operation will vary from season to season. Hours for activities and operation are posted in the Kiva Club Appropriate Dress. No wet swimwear is permitted except in the pool areas and adjacent restrooms. Shirts or swimwear with cover-ups and shoes are required inside the Kiva Club Reservations for Private Parties. Certain areas of the Kiva Club may be reserved for private parties of Owners and Residents on a first-come, first-served basis. Reservations must be made at the Association office The areas allowed to be reserved shall be at the discretion of the Manager Tewa Room. Dance and exercise classes may be held by the Association in the Tewa Room. Private use of the Tewa Room by Owners, Residents and other Persons is subject to availability. Requests for use of the Tewa Room for non-association, Association committee or Trilogy club-related functions are made on a first-come, first-served basis and may be made one year in advance. Reservations must be made at the Association office. A rental charge will apply in accordance with a rental agreement in the form approved by the Association. Rental of the Tewa Room entitles the Owner, Resident or other Person to use of the Tewa Room and adjacent restrooms only

16 3.4.5 Café Solaz. Café Solaz, LLC is an Arizona limited liability company formed by the Association to operate Café Solaz, which is a full-service restaurant and bar. The Board has elected to hire a management company to perform the daily operation of the Café. The management company will establish the hours of operation and any rules applicable to the Café, and Residents shall comply with all such rules in the same manner as the Rules set forth herein Bonito Room and Arroyo Room. These rooms are to be used on a firstcome, first served basis for Association-sponsored activities, club meetings, committee meetings and any other Association-related functions or meetings approved by the Manager Specialty Rooms. Various rooms are for Association-sponsored activities, classes and craft-related activities by trained, approved Owners and Residents and are not for private, unsupervised use by Owners and Residents. These rooms will be locked at all times. To access the rooms, a person must be trained and approved by a designated activity representative. Then access can be gained by use of the membership identification card. All rules for operating the equipment and safety procedures are posted on the walls of all specialty rooms Pool Tables. Three pool tables are available for use in the Kiva Club. Tables are available on a first-come, first-served basis. Equipment is available in the clubhouse for use by the Owners and Residents, or they may bring their own equipment. The following rules shall apply to pool play: (i) (ii) (iii) (iv) (v) (vi) (vii) Players shall show courtesy to others if others are waiting to play. No limitations on the number of games played by one group shall be applicable at this time; however, the Association reserves the right to place limitations if complaints are received about the lack of availability. Players shall exercise caution with food and beverage in the vicinity of the pool tables. Persons shall not sit on pool tables. Pool equipment may not be removed from the table area. Equipment must be returned to its proper place after use and balls racked. Massé shots (shooting straight down on the ball) and jump shots are prohibited. No children under the age of 10 may use the pool tables. Children 10 to 18 may use the pool tables if directly supervised by an Owner or Resident

17 (viii) Please brush tables after using with the table brush located on the cue rack Athletic Club. (i) The cardio and weight room contains exercise equipment, free weights, television monitors and a weigh scale. The room may be supervised from time to time by Association staff having exercise knowledge; however, all persons using the equipment are advised to obtain independent advice regarding the status of their health and specific recommendations for exercise before using the equipment. In addition, any person wishing to use the cardio and weight equipment must complete a health history form and sign a waiver and release of liability, which may be obtained at the reception desk in the Athletic Club. The Association shall have no responsibility for any injury as a result of using the equipment. The following rules shall apply to the cardio and weight room: (a) No person under the age of 14 shall be allowed in the cardio and weight room. Children under the age of 18 must be supervised by a Resident 18 or older. (b) The use of any one piece of equipment is limited to 30 minutes per person if others are waiting to use the equipment. (c) Appropriate exercise clothing and athletic shoes are required. Upper-body garments must be worn at all times. Sandals or other loose fitting shoes are prohibited. (ii) The aerobics studio will provide group fitness classes and programs All persons participating in classes and programs are advised to obtain independent advice regarding the status of their health and specific recommendations for exercise before participating. In addition, any person wishing to use the aerobics studio must complete a health history form and sign a waiver and release of liability, which may be obtained at the reception desk in the Athletic Club. The Association shall have no responsibility for any injury as a result of participation in group fitness programs. The following rules shall apply to the aerobics studio: (a) (b) Appropriate exercise clothing and closed-toe athletic shoes are required. No personal belongings except a towel and a plastic nonspill beverage bottle may be brought into the aerobics studio

18 (c) (d) (e) (f) Equipment may not be removed from the room. The Association reserves the right to cancel or change programs. As a courtesy to participants, persons who are late for a class are asked to not interrupt a class in session but to wait until the next class. All group fitness participants must register for each class. (iii) Dressing, Shower, Locker and Steam Rooms. The following rules shall apply: (a) (b) (c) (d) Persons may use these facilities for personal showers or shaving only in conjunction with the use of the fitness center or sports complex. No clothing or personal effects are to be left in these areas unless stored on clothing racks. Overnight use of the clothing racks is prohibited. The Association shall have no responsibility for any missing personal property. Children under the age of 14 are not permitted in the steam rooms. Children under the age of 18 must be supervised by a Resident 18 or older. (iv) Swimming Pools and Hot Tubs. The following rules shall apply to all swimming and hot tub facilities: (a) (b) (c) (d) (e) NO LIFE GUARDS ARE ON DUTY. INDIVIDUALS USING THE POOLS DO SO AT THEIR OWN RISK. IT IS RECOMMENDED THAT NO PERSON SWIM ALONE. All swimmers are required to shower before entering the pools. Pool gates must be locked at all times. Diving and jumping into pools is prohibited. Inner tubes and flotation devices of any kind are prohibited with the following exceptions: inflatable arm devices for small children, noodles, swim boards, flotation belts for

19 exercise in the lap pool and life jackets for children or handicapped persons. (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) Running and inappropriate behavior in all pool areas is prohibited. All swimmers are required to seek shelter in case of inclement weather, and in such event the swimming facilities may be closed by Association staff. Children under the age of 2 years and accompanied by an adult may enter the pool enclosure but may not enter any pool. No diapers of any type are allowed in the pool. Children 2 to 18 years of age may only use the pools (excluding the hot tub/spa) but only at the hours designated by the Board and specified in the pool area. Children under the age of 18 must be accompanied and supervised by an Owner or Resident at all times. Only waterproof sunscreen and greaseless lotions are allowed in the pool area. Suntan oils, soaps and lotions of all kinds are prohibited. All persons are required to use caution with glass containers in the pool area. Each person is responsible for leaving the pool area in a clean and neat condition. Trash receptacles are provided for the disposal of trash. Appropriate swim wear is required for swimming in all pool and spa areas. Only music originating from the clubhouse speakers or music provided for organized events is allowed in the pool areas. All other music or other entertainment devices are permitted only if battery operated and with the use of earphones. Intoxicated persons may be asked to leave the pool areas. The Manager shall have the authority to schedule the pools for Association events and to close the pools for maintenance purposes

20 The following rules shall apply to the lap pool: (r) (s) (t) Lanes are limited to 30 minutes if others are waiting. Water walking will be permitted only when lanes are available. If a lap swimmer requests a lane and all lanes are occupied, any water walkers will share one lane. Other users of the lap pool must yield to lap swimmers and water walkers. The following rules shall apply to the hot tubs: (u) (v) (w) (x) Persons using medication or with heart conditions or hypertension should consult their physician before using the hot tubs. To avoid drowsiness, persons should restrict each visit to the hot tubs to 15 minutes. It is recommended that the hot tubs not be used if any alcoholic beverages have been consumed prior to use. Exercising in the hot tubs is prohibited. Children under the age of 14 are not permitted in the hot tubs. Children under the age of 18 must be supervised by a Resident 18 or older Tennis Courts. All tennis players must provide their own equipment. The following rules shall apply to the tennis courts: (i) (ii) (iii) (iv) Appropriate tennis clothing must be worn on the courts. Upper body garments are required. Tennis footwear is required on the courts at all times. Play periods shall not exceed 2 hours unless there are no players waiting for courts. Reservations for court time shall be made on the Trilogy Website. Assistance at the Athletic Club is available if needed. Only one advance reservation may be made at a time. An additional reservation may be made at the conclusion of play if space is available. A court reserved but not used within 10 minutes after the reservation time may be reassigned to other players

21 (v) (vi) (vii) Children under the age of 18 must have Owner or Resident supervision when using the courts. Competitive events are encouraged to play by USTA rules. The Manager shall have the authority to schedule the tennis courts for Association events; however, the Manager shall keep any tennis club sponsored by the Association informed as to scheduled events Bocce Courts. The following rules shall apply to the bocce courts: (i) (ii) (iii) (iv) (v) (vi) Equipment will be provided to players upon registration and should be returned immediately after play has ended unless directed by Association employees to transfer the equipment to the next group of registered players. Play periods shall not exceed 1 hour unless there are no players waiting for courts. Soft-soled shoes (such as athletic shoes) are required on the courts. Leather soles, golf shoes, sandals and bare feet are prohibited. During play, the grass areas should be used to the extent possible. Players should walk on the carpeted area only when necessary. Children under the age of 14 are not allowed on the courts. Children age 14 to 18 must be accompanied by an Owner or Resident at all times. The Manager shall have the authority to schedule the courts for Association events; however, the Manager shall keep any bocce club sponsored by the Association informed as to scheduled events Barbecue Grills Located at the Kiva Club. (i) (ii) If not being used for an Association sponsored event, Owners and Residents may reserve the charcoal barbecue grills for private events. Reservations may be made not more than 12 months in advance of any event and will be on a first-come, first-served basis. Any person or group using the barbecue grills is responsible for cleaning the facilities after use. Failure to adequately clean the area may result in the Association cleaning the area and charging the person under whose name the reservation was made

22 Barbecue Grills Located Throughout the Project. (i) (ii) These grills are available on a first-come, first served basis. Any person or group using the barbecue grills is responsible for cleaning the facilities after use

23 ARTICLE 4 GENERAL RULES GOVERNING THE USE OF GOLF CARTS All streets within the Property are private. The following regulations apply to the operation of golf carts on the Property: (i) (ii) (iii) (iv) (v) (vi) No golf carts other than electric-powered golf carts shall be operated, parked or maintained within the Project. All golf carts operated, parked or maintained within the Project shall be licensed and registered by the State of Arizona Drivers of golf carts must have a valid driver s license for automobiles. Drivers of golf carts are responsible for any damage or injury caused by negligence or willful misconduct. Prior to driving a golf cart on the private streets within the Property, an Owner or Resident shall register the golf cart with the Association by providing to the Association (i) a copy of the registration for the golf cart issued by the Arizona Motor Vehicle Department, and (ii) a certificate from the Owner s or Resident s insurer evidencing that the Owner/Resident has obtained liability insurance for the golf cart and showing the Association as an additional insured on the policy. So long as an Owner or Resident desires to operate a golf cart on the private streets of the Property, it is the Owner s or Resident s responsibility to provide the Association with updated certificates upon the renewal of any liability insurance policies. Golf carts shall be considered motor vehicles, as such term is defined in the Declaration and may not be driven or parked on any property within Trilogy at Vistancia except (i) streets, (ii) parking lots, (iii) concrete driveways and garages, and (iv) designated golf cart paths. Golf carts driven or parked in violation of this rule or the Declaration shall be subject to the remedies provided in the Declaration, including the towing of vehicles. Golf carts driven on the streets shall be operated in the same manner as other motor vehicles and shall comply with all laws. Drivers must observe all traffic regulations and use proper signals. Golf carts being driven on the streets shall yield to other motor vehicles. Seat belts are required to be installed and used by any Resident or guest of a Resident while in the Project. The Association will not be responsible for injuries to persons resulting from the use of golf carts on the private streets. Each person traveling on the private streets in a golf cart does so at his or her own risk

24 (vii) Golf carts operated on the golf course shall be subject to golf course rules. (viii) Owners and Residents shall not drive golf carts onto any cart paths or other areas of the golf course for any purpose except as a customer/patron of the golf course, subject to all rules, regulations, policies and fees established by the owner of the golf course

25 ARTICLE 5 GENERAL RULES GOVERNING THE USE OF LOTS AND COMMON AREAS 5.1 Animals. Animals shall be governed by Section 3.12 of the Declaration. Pet owners are reminded that the Project is subject to county and municipal animal control laws, and the Association may elect to exercise its right to report any violations of the laws to the local governmental authorities. 5.2 Garage Doors. Garage doors must remain closed except (i) when an Owner is performing activities in the garage which do not violate the provisions of the Declaration, and (ii) for access to and from the garage. 5.3 Garage Sales. Garage sales by individual Owners and Residents are prohibited. A community garage sale may be organized and conducted by the Association each calendar year. 5.4 Maintenance of Lots Owners Responsibilities. Each Owner should become familiar with Section 7.2 of the Declaration. It is each Owner s responsibility to maintain his/her Lot in a neat and attractive manner 365 days a year. Seasonal Owners and Residents must contract for and make sure that maintenance is being performed during absences from the Property Remedies. Failure to maintain an Owner s Lot may result in the Association taking any action available to it under the Declaration or under applicable law, including without limitation, the right to perform the maintenance at cost to the Owner, and the right of the Association to levy fines as provided for in Section 6 of these Rules. 5.5 Open Houses. Owners and their real estate agents may hold open houses any day of the week for the purpose of selling homes provided that they are held between the hours of 10:00 a.m. and 5:00 p.m. Entrance to the Project for open house purposes will be through the gate house on Trilogy Boulevard only. An Owner must notify the gatehouse attendant that an open house will be held and the hours applicable to the event and provide directional maps to the gatehouse attendant for distribution to open house attendees. If there is an open house in the Project, the gatehouse attendant will place a sign in front of the gatehouse stating that an open house is in process in the Project. Not more than 1 approved Open House sign may be placed on the open house Lot. A reasonable number of approved lead-in signs may be placed inside the Project. The location and quantity of such signs must be approved by the Manager. No lead-in signs may be placed on Common Area outside the gatehouse to the Project or on any part of the Common Areas surrounding other gated entryways into the Project. 5.6 Signs. The number and size of For Sale, For Rent, name and address, security system and political campaign signs shall be governed by Section 3.15 of the Declaration and the applicable provisions of the Design Guidelines. The Architectural Review Committee currently has delegated its approval authority for signs to the Manager. Approved For Sale, For Rent and Open House signs are available for rent from the Association office for a reasonable fee. A deposit may be required. Except for open house signs described in Section 5.5 above, signs in Common Areas are prohibited

26 5.7 Trash Containers. Covered trash containers approved or provided by the City of Peoria, or as otherwise directed by the Association, shall be used for trash collection. Trash containers may be left at the curb for pickup no earlier than 5:00 p.m. on the day before the scheduled pickup is to occur and may remain at the curb until no later than 7:00 p.m. on the day of the scheduled pickup. 5.8 Private Streets. The speed limit on the private streets of the Project is 25 miles per hour. Speeds above this limit create hazards and may be dangerous to the Residents. Radar and cameras may be used from time to time to monitor speeds. Violators may be subject to fines

27 ARTICLE 6 POLICY OF CORRECTIVE ACTIONS AND SCHEDULE OF FINES 6.1 Notice and Hearing; Suspension of Rights; Lien Rights. No fines will be assessed without notice and an opportunity to be heard. Article 5 of the Bylaws sets forth the notice and hearing procedures for fines. Any fine for which an Owner has waived the right to be heard, or any fine affirmed by the Board after hearing shall be paid in accordance with Article 5 of the Bylaws. Failure to pay a fine when due may result in the Board suspending the rights of an Owner to use the recreational facilities located on the Common Areas. Pursuant to Subsection of the Declaration and Arizona law (A.R.S ), the Association automatically has a lien on each Lot for any amounts due the Association, including fines. The Association may use the same remedies to collect fines as it uses to collect Assessments. In addition to levying fines as penalties for infractions, the Association also may exercise any other remedy available pursuant to the Declaration or pursuant to Arizona law. 6.2 Violations of Section 3.1 of the Declaration, Architectural Control The Board shall levy a fine of $100 against an Owner for the failure by such Owner, or by a Resident of such Owner s Lot, to obtain written approval from the Architectural Review Committee prior to constructing or installing an Improvement that would be Visible From Neighboring Property. An Owner may submit a request for approval to the Architectural Review Committee after the Board levies the fine, but the request will not be considered until the earlier of (i) payment of the fine by the Owner, or (ii) determination by the Board that the fine should not be assessed The failure by an Owner or Resident to remove or satisfactorily correct an Improvement for which the Architectural Review Committee has disapproved may result in the Association taking legal action to correct the violation. In any such legal action, the Association will seek to recover all attorneys fees, costs and expenses resulting from the action pursuant to Section 9.1 of the Declaration. In addition, the Board may levy an additional fine of $25 per day for each day an Owner fails to comply with instructions from the Board or Architectural Review Committee with respect to (i) removal or correction of an Improvement installed without written approval or (ii) an Improvement not constructed or installed as approved or directed by the Architectural Review Committee. 6.3 Violations of Section 3.7 of the Declaration, Trash Containers and Collection, and Section 5.7 of these Rules, Trash Containers. The Board shall levy a fine against an Owner for the failure by such Owner, or by a Resident of such Owner s Lot, to comply with Section 3.7 of the Declaration and the additional rules contained in Section 5.7 herein. Failure to comply with the foregoing provisions will result in the Board levying against an Owner a fine equal to $25 multiplied by the number of days the violation exists. For the purposes of this Section, the day a violation exists shall be the day the violation is confirmed by Association staff. The Owner of each Lot shall be entitled to 1 warning letter before a fine is levied. If the next violation after a warning letter is committed more than 1 year after the warning letter is issued, then another warning letter shall be issued before a fine is levied.

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