Crystal View Estates Association Rules July 2016
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- Garey Powell
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1 Crystal View Estates Association Rules July 2016 The Covenants, Conditions and Restrictions (CC&Rs) of Crystal View Estates, Sections 4.10, 6.3 and others, describe the authority of the Board with regard to creating, adopting, and enforcing Association Rules. Some rules are described in the CC&Rs, and others are described below. The following rules have been reviewed and adopted by the Board in order to insure the enjoyment of all owners. I. General Rules: 1) The Common Areas are for the exclusive use and enjoyment by members of the Crystal View Estates Homeowners Association, and their approved guests. 2) Owners are expected to accompany their guests when using the facilities, when feasible. Guests must have the express permission of the owner each time they use the facilities. Owners are responsible for the conduct of their guests. 3) Violation of any of the provisions of the CC&Rs, Association Rules or Design Guidelines may result in loss of use of common areas, and/or special assessments as provided for in the CC&Rs. 4) Regular assessments are due in full by June 1 st of each year. Late fees and interest will be applied to past due accounts. In addition, access codes to the common areas will be disabled until assessments and penalties are paid in full. 5) Owners must be in full compliance with City and County weed abatement ordinances. In addition to penalties described in those ordinances, owners may be subject to loss of use of common areas and/or special assessments in cases of noncompliance. 6) Rental of any portion of a residence for a period of less than 30 days is prohibited by City Ordinance, and in violation of the CC&Rs. Violation may result in loss of use of common areas, and/or special assessments. II. Pool Rules: State imposed requirements: 1) No running or participating in horseplay. 2) No use of pool facilities by anyone under the influence of alcohol. 3) No use of pool facilities by anyone with a communicable disease or anyone who has been ill with vomiting or diarrhea within the last two weeks. 4) No food or drink is allowed in the pool water. 5) Every one is required to have a cleansing shower before entering the pool. 6) Anyone in diapers must wear protective covering to prevent contamination. Diapers are to be changed at a designated diaper change area. 7) Anyone refusing to obey pool rules is subject to removal from the premises 8) All users of the pool should know the location of the nearest telephone and first-aid kit for emergency use. 9) All patrons with seizures, heart, or circulatory problems should be advised to swim with a buddy. 10) No animals are allowed in the pool area, except service animals. 11) If a child twelve years of age or less is using the pool, a responsible adult eighteen
2 years of age or older must accompany the child and be at the pool or pool deck at all times the child uses the facility. 12) If a an individual between thirteen years of age and seventeen years of age is using the pool, at least one other person that age or older must be at the pool facility. Crystal View Estates Homeowner Association imposed requirements: 13) No glass containers allowed in the pool area. 14) No diving into the pool. 15) Take your trash with you when leaving the pool area. 16) When leaving the pool area for the day, take all swim aids and toys with you; those left behind will be discarded 17) Violation of pool rules may result in loss of use of common areas and/or special assessments. III. Marina Rules and Regulations: 1) Marina Use - The Crystal View Estates Marina is for the exclusive use of members of the Crystal view Estate Homeowner Association. 2) Fees for Use of Marina - The Crystal View Estates Marina is operated by the Crystal View Estate Homeowner Association (CVEHA) which is responsible for its maintenance. The CVEHA may grant members on an annual basis, exclusive use of slips and buoys, and may charge a fee to recover the cost of operating and maintaining the marina and buoys. 3) Liability/Insurance Marina users must maintain liability insurance at all times that their boat is in the marina. Marina users are responsible for any damage to their boat for any reason. The CVEHA is not responsible for any damage suffered as a consequence of use of the marina or buoys. 4) Overnight stays on boats Overnight stays on boats moored in the marina or on the Crystal View Estates dock is prohibited. 5) Seasonal use The Crystal View Estates Marina is a seasonal use marina due to annual fluctuations in the water level of Lake Chelan. The CVEHA shall determine when the marina is available. 6) Open flames No open flames shall be used for maintenance or repair of any boat or vessel while moored in the marina. No person shall use any portable barbecue, brazier or cooking device on any vessel/boat, or upon the pier, swim platform, or boat dock at the Crystal View Estates Marina. 7) Refuse, waste, garbage Members shall not cause or permit any wastewater, garbage, sewage, or other debris to be discharged into the water of Lake Chelan from any boat or vessel moored or docked at the Crystal View Estates marina. All wastewater, garbage, and debris shall be properly disposed of in approved receptacles. 8) Fueling of vessels Fueling of vessels moored or docked at the Crystal View Estate Marina is prohibited. 9) Resort use The moorage spaces are restricted in use to permit only social and recreational use. The slips and buoys shall be used only as moorage for one individual owner, or bona fide immediate family. 10) Time Sharing Time-sharing shall not be a permitted use. 11) Carpeting Docks There shall be no carpeting installed on any dock or moorage space.
3 12) Maintenance of Moorage Space Each Crystal View Estates Marina member shall, at the owners sole expense, keep the moorage space and it s equipment, appliances and appurtances in a clean and sanitary condition, free of rodents and pests, and in good order, condition, and repair. The member shall be assessed for repairs resulting from that members negligence, misuse or neglect; other repairs to the marina shall be done by the CVEHA. Members may not however, modify, paint, erect signs, or otherwise decorate, or in any way alter their slips without prior written permission of the CVEHA Board. 13) Effect on Insurance Nothing shall be done or kept attached to any moorage unit that will result in the cancellation or increase in the rate of insurance on the property without prior written consent of the CVEHA Board, or that would that would be in violation of any laws 14) Observance of Maritime laws All marina users will obey the established maritime laws regarding right-of-way, passing and speed limits. All watercraft using the marina will meet Maritime Safety regulations regarding, fire extinguishers, personal flotation devices, and running lights. 15) Department of Natural Resources lease CVEHA shall be responsible for maintaining the existing lease with the Washington State Department of Natural Resources. Costs for maintaining the lease may be passed on to Marina users. 16) Nuisances The Crystal View Estates marina is for the enjoyment of all members of the CVEHA. No member shall cause a nuisance that disrupts the use and enjoyment of the marina for other users. A nuisance can be, but is not limited to; overly loud engine noise, air pollution, water pollution, or any activity that disrupts the commonly held uses of the marina. 17) Fishing at the Marina Fishing from the marina shall be permitted as long as such activity does not interfere with the ingress or egress of water-craft from the marina. Those fishing shall be responsible for keeping the dock clear of any equipment that might cause an accident of injury to others, and shall not leave said equipment unattended. Those using the marina for fishing shall be responsible for cleaning, washing, and returning the dock areas from which they fish to a clean state. 18) Seaplanes Limited use of the marina for temporary moorage of a seaplane belonging to a member, or his immediate bona fide family is permitted. Such use will not interfere with the established commonly held uses of the marina. 19) Fire Systems The marina fire system is only to be used in case of an emergency. 20) Swimming Area Use of the swimming area shall be at owner's and guests own risk. The swimming area is an unattended facility, therefore it is necessary for an adult to be present when anyone under the age of eighteen uses it. In addition, there shall be no running or diving from the upper sun deck. No fishing is allowed from the swim dock or in the swim area 21) Boat Size Limits Marina slips are 24 feet in length. Boats must be secured so as not to extend into the waterway beyond the finger pier. Boats should not extend over half the width of the combined slips. 22) Marina Rules and Regulations- These rules and regulations have been established and approved for the for the benefit of the users of the Crystal View Estates Marina. These rules and regulations will from time to time be updated by the CVEHA Board of Directors. 23) Slip and Buoy Assignments a) New requests for reservation of moorage space in the Marina shall be submitted
4 in writing to the CVEHA mailing address. b) Requests for renewal of moorage space must be submitted in writing to the CVEHA mailing address no later than April 1 st of the year that space is requested, and the entire lease fee must be paid by that date. c) The CVE homeowners association shall maintain a record of the reserved moorage space and the homeowners assigned to each slip. This record is to be maintained in perpetuity, and shall be updated annually. d) Requests for individual moorage slips should be considered by the CVE Association President (or his designee). A member will maintain their designated slip from year to year until the homeowner voluntarily gives up the slip, sells their property, or fails to pay the yearly moorage fee. e) If there are more requests than slips, the CVE Board shall establish rules for assigning slips. Currently, the rules are as follows: A waiting list will be established by date of written request for a slip. f) If, after April 1 st, there are unassigned slips because of sales, voluntary nonrenewal, or unpaid fees the Board will use the waiting list to assign empty slips. g) Empty slips will be offered to the owners in accordance with the waiting list. An owner offered a slip may defer, meaning that they keep their place on the waiting list but do not currently desire a slip. h) An owner who voluntarily gives up their slip must apply again to get a slip or be placed on the waiting list in line with the date of application. i) Those on the waiting list may also apply for a buoy. The buoys are assigned by the President or his designee and are limited in number j) In the event that property is sold, the owner is no longer a member of the Association and must forfeit the lease of the marina slip. If the owner requests a refund, the lease fee will be refunded on a prorated monthly basis for the remainder of the Boating Season. If the seller owns other property in the CVE subdivision at the time of closing of the sale on one property, the slip lease will continue. k) The slip vacated by a sale of property will be allocated according to the rules established by the Board. Owners of new lots or owners who have not currently lease a slip may request a slip at any time. l) Owners with existing slip leases who wish to change slips must make their wishes known to the President (or designee) at the time the lease is secured. If a vacated slip has been requested by an existing owner, they will have priority for that slip over owners who do not have current leases. If more than one existing lease holder has requested the vacated slip, a drawing or coin flip will determine which owner will be assigned that slip. m) The record of assigned and requested slips, and the waiting list will be periodically distributed to all owners. n) All lease holders must, at the time of lease approval, sign a hold harmless agreement, which absolves the Association of responsibility for damage to owner s watercraft. The agreement will also state that any damage to Association property by owner s watercraft will be repaired by the owner. 24) Violations Violations of marina rules may result in loss of use of common areas and/or special assessments. The Crystal View Estates Homeowner Association Board of Directors approved these
5 Association Rules on May 10,2013
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