STONEFIELD ASSOCIATION, INC. PARK/POOL FACILITIES POLICY These rules and regulations (collectively "RULES") have been adopted by the Board of Directors of Stonefield Association, Inc. ("ASSOCIATION") for the benefit of STONEFIELD pursuant to Article 18 of the Declaration of Protective Covenants as recorded in Volume 7285, Page 1119 et seq. of the Official Public Records of Real Property of Bexar County, Texas, ("DECLARATION") and Article VII of the ASSOCIATION Bylaws. The adoption of the RULES is for the purpose of regulating the use and enjoyment of the ASSOCIATION's common areas and facilities, including but not limited to the swimming pool, the sport court and pavilion ("PARK FACILITIES"). The use of the PARK FACILITIES is a privilege afforded each ASSOCIATION Member and is specifically limited to, and these RULES are binding upon, all ASSOCIATION Members, tenants, occupants, invitees and licensees. These RULES are in addition to the provisions of the GOVERNING DOCUMENTS and are subject to amendment by the Board of Directors of ASSOCIATION. 1. Authorized Use of PARK FACILITIES: A. All ASSOCIA TION Members in good standing and their tenants, occupants, invitees, guests and licensees ("PERMITTED PERSON") shall be allowed access to and the usage of the PARK FACILITIES subject to the requirements and limitations contained herein. No ASSOCIATION Member, not in good standing with the ASSOCIATION, or their tenants, lessees, occupants, invitees, guests and licensees shall be allowed access or use of the PARK FACILITIES. An ASSOCIATION Member not in good standing may not be a guest of a PERMITTED PERSON. Members are responsible for their tenants and lessees' compliance with these RULES. B. The denial of the use of the PARK FACILITIES shall be in compliance with the Texas Property Code and/or other applicable laws. For the purposes herein, a "Member in Good Standing" is a member of the ASSOCIATION that has paid all assessments, fines, late fees, registration fees, or any other sum which may be due the ASSOCIATION and are not in violation of any STONEFIELD covenants, conditions, restrictions, rules or policies. 2. Registration: Registered Members, tenants and lessees shall maintain an up-to-date registration form indicating, at a minimum, their name, address, number of resident users in the household, age of each and an emergency contact information. Additionally, all registered Members, tenants and lessees shall be required to sign the ASSOCIATION PARK/POOL FACILITY REGISTRATION FORM releasing and indemnifying the ASSOCIATION for all damages, liabilities and injuries as more fully described therein. A. At each registration, those Members required to have an access card shall receive a photo identification card as stated below. The cost for the issuance of access cards, replacement cards and photo identification cards shall be established by the Board of Directors of ASSOCIATION each year. The established fees shall be published by the Board of Directors when established. In the event the Board fails to set the fee in any given year, the fees shall remain the amount as previously set. All fees are non-refundable for any reason. The fees set for 2016 shall be as set forth herein:
FEE STRUCTURE SCHEDULE Description Annual Facility Usage Fees Price $ 0.00 Notes 1 STONEFIELD issued - Photo Identification $ 5.00 2 Access cards $ 10.00 3 Notes: l. The usage fee is currently included in the HOA assessment. 2. The price indicated is per new or replacement photo identification card. 3. The first two access cards shall be provided at no cost. B. All ASSOCIATION Members and their family members that reside in STONEFIELD over the age of thirteen (13) must have an ASSOCIATION issued photo identification card for access to and use of the PARK FACILITIES. Parents or Guardians of any minor children may elect to not have a photo identification card for their minor child. If the minor child does not have a photo identification card, the minor child may only use the PARK FACILITIES when accompanied by an ASSOC IATION MEMBER who possesses a valid photo identification card. All ASSOCIIATION Members must produce their photo identification while using the PARK FACILITIES if required to do so by any member of the Board of Directors or an appointed agent of the ASSOCIATION. Failure to do so when requested shall be a violation of these RULES and may result in suspension of the PERMITTED PERSON 'S privilege to the use and enjoyment of the PARK FACILITIES. The use by any individual of another's access card shall result in suspension of privileges for both the individual using the access card and the named individual to whom the access card was issued. C. Each Member, tenant or lessee household shall receive two (2) access cards. A c c e s s c a r d s n e e d t o b e v a l i d a t e d w i t h i n t w o ( 2 ) w e e k s o f r e c e i v i n g t h e m t o m a k e s u r e a c c e s s t o t h e p a r k a n d p o o l a r e w i t h o u t i s s u e s. Access cards lost and/or damaged will be replaced at the expense of the Member, Tenant or Lessee D. No more than 3 guests per day per household, (unless the park/pool facility has been rented for a private function) M e m b e r m u s t b e p r e s e n t w i t h g u e s t s. E. In the event an access card is lost or stolen, the holder of the card shall immediately notify the management company of the ASSOCIATION. F. The unauthorized or prohibited access or use of the PARK FACILITIES shall be considered as trespassing by the violator. 3. Surveillance Notice: THE PARK FACILITIES ARE MONITORED AND VIDEOED BY SURVEILLANCE CAMERAS. All Members and Non-Members on Association Common Areas shall not assume or have any reasonable expectation of privacy in, on or around the PARK FACILITIES. 4. Park and Pool Facilities Rules and Regulations: A. ANYONE VIOLATING THESE RULES AND REGULATION SHALL BE SUBJECT TO A SUSPENSION OF PRIVILEGES, LOSS OF RENTAL FEES, CLEANING DEPOSIT AND /OR LEGAL ACTION. B. IN CASE OF EMERGENCY CALL 911. THE POOL ADDRESS IS 10111 STONEFIELD PL.
SAN ANTONIO, TEXAS 78254. C. ALL PERSONS USING THE PARK FACILITIES DO SO AT THEIR OWN RISK. THE ASSOCIATION IS NOT RESPONSIBLE FOR ACCIDENTS, INJURIES OR LOSS OF PERSONAL PROPERTY UNDER ANY CIRCUMSTANCES. D. UNDER NO CIRCUMSTANCES SHALL ALCOHOL, TOBACCO, FIREARMS OR DRUGS BE PERMITTED IN THE PARK FACILITIES AREA. E. Texas Penal Code Statutory Warning: 1. Section 30.06: TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN: HANDGUNS PROHIBITED PURSUANT TO SECTION 30.06, PENAL CODE (TRESPASS BY LICENSE HOLDER WITH A CONCEALED HANDGUN), A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNME NT CODE (HANDGUN LICENSING LAW), MAY NOT ENTER THIS PROPERTY WITH A CONCEALED HANDGUN. CONFORME A LA SECCION 30.06 DEL CODIGO PENAL (TRASPASAR PORTANDO ARMAS DE FUEGO CON LICENCIA) PERSONAS CON LICENCIA BAJO DEL SUB- CAPITULO H, CAPITULO 411, CODIGO DE GOBIERNO (LEY DE PORTAR ARMAS), NO DEBEN ENTRAR A ESTA PROPIEDAD PORTANDO UN ARMA DE FUEGO OCULTADA. 2. Section 30.07: TRESPASS BY LICENSE HOLDER WITH AN OPEN CARRIED HANDGUN: OPENLY CARRIED HANDGUN IS PROHIBITED "PURSUANT TO SECTION 30.07, PENAL CODE (TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN), A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING LAW), MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED OPENLY. CONFORME A LA SECCION 30.07 DEL CODIGO PENAL (SOBRE EL INGRESO ILICITO DE UN INDIVIDUO CON LICENCIA DE PORTACION DE ARMAS CORTAS EXHIBIDAS PUBLICAMENTE) PERSONAS CON LICENCIA BAJO DEL SUB- CAPITULO H, CAPITULO 411, CODIGO DE GOBIERNO (LEY DE PORTAR ARMAS). TIENE PROHIBIDO INGRESAR EN ESTA PROPIEDAD CON ARMAS CORTAS EXHIBIDAS PUBLICAMENTE. F. The operational hours for the PARK FACILITIES shall be determined by the Board of Directors and posted: 1. The PARK FACILITY shall be open Sunday through Saturday from 7:00 a.m. to 9:00 p.m. 2. The Board of Directors reserves the right to alter the schedule, in its sole discretion, in the event of special circumstances, maintenance issues, private parties or events with or without notice.
G. Association Members reserving the pool or pavilion for a party must be present at all times during the party. H. No overnight or after-hours parking is permitted in the parking lot after the close of the PARK FACILITY without written approval of the Board of Directors. Violations of this policy are subject to be towed at owner's expense. I. No littering. Place all waste articles in the nearest trash bin. J. Pets permitted in the park area provided the pet is on a leash held by the individual responsible for the pet. Owners are responsible for cleaning up after their pets and properly disposing of their waste. K. Adults shall be responsible to monitor their own children and guests to ensure proper behavior. L. No loud, abusive, vulgar language or hand gestures. M. No loitering. N. No trespassing. 0. No bicycle riding, skateboarding, roller blades or roller skates. or scooters. P. No loud or vulgar music. Q. No glass containers of any kind are permitted anywhere in the Park Facility. R. No loitering in the bathrooms. S. No bounce houses or other inflatable play equipment is allowed. T. Do not leave your personal property unattended. The ASSOCIATION is not responsible for any lost, damaged or stolen items. For any inquiries for the PARK/POOL FACILITIES contact the ASSOCIATION management company 210-561-0606. 5. Use of Pool Facility: A. The operational hours for the Swimming Pool shall be as follows: The pool area shall be open Thursday to Tuesday from 7:00 a.m. to 9:00 p.m. except on Friday when the swimming pool facility closes at 6:00 p.m. for private parties. The Board of Directors reserves the right to alter the swimming season and/or the operational hours of the swimming pool facility, in its sole discretion, in the event of private parties, maintenance issues, unusual circumstances, hazardous weather or special events. The use of the pool facility is subject to the following conditions, limitations and/or prohibitions, in addition to those stated above:
l. WARNING; NO LIFEGUARD ON DUTY. SWIM AT YOUR OWN RISK. 2. Only individuals that are proficient at swimming without any floatation device are permitted without being supervised by a responsible PERMITTED PERSON 18 years or older, with proper swim attire and must remain with the child or children at all times. The determination of the individual's qualification shall be within the sole discretion of a member of the Board of Directors. 3. No diving, running, rough play, excessive splashing, flips, spitting or spurting of water or disruptive activities. 4. No rafts, boats, large floats, or other large blowup devices. 5. A Pool Monitor may, at their discretion, disallow at the time, any toy or inflatable item for safety reasons. 6. No infants/toddlers may enter the pool without swim diapers with snug fitting rubber pants Incontinent adults must wear swim diapers that are designed to prevent any contamination of the swimming pool water. 7. Individuals with open sores or wounds shall not enter the pool for health and sanitation reasons. 8. Only standard swim wear is allowed. Cutoffs and shorts are not allowed. 9. Barbecuing or other food preparation is permitted only during private facility rentals and with approval of the Board of Directors. l 0. Pool area must be vacated upon closing. 11. No balloons or water balloons will be allowed on the pool grounds. Balloons and other party decorations, i.e. streamers, posters, banners, etc., may be used only at private functions and community parties upon approval of the Board or Directors. 12. No unauthorized entry to the fenced pool area or vandalism. Violators will be prosecuted. 13. No food or drink permitted within forty-eight inches (48") of the edge of or in the pool. 14. No pets are allowed (except those designated as service animals). 15. Pool operational hours may be interrupted for authorized private parties scheduled by a Member. 16. No music device (i.e. radio, Ipod, MP3, smart phone, etc.) shall be used in the pool area without earphones. Music may not be played openly. 17. No riding bicycles, scooters, skateboarding, or roller blading/skating shall be permitted on the pool deck. Bicycles shall not be permitted past the designated parking area. 6. Use of the Multi-Court Facility: A. The use of the Multi-Court Facility is subject to the following limitations and/or prohibitions, in addition to those stated above: l. Half court play is recommended during heavy usage times. 2. No hanging on rims or nets. 3. No climbing fences. 4. No loud music. 5. No pets are allowed inside the court/play area. 6. If others are waiting to use the court, the court must be surrendered after one (I ) hour of use. 7. Notice of violation: A. If an ASSOCIATION Member, its tenant or lessee is determined by the Board of Directors of the ASSOCIATION, in its sole discretion, to be in violation of the RULES, a warning will be issued in writing to the ASSOCIA TION Member at ASSOCIATION Member's last known address and the violating resident or tenant, if known. The written warning shall advise the ASSOCIATION Member
of the violation and the action required to cure the violation within ten ( 10) days of the date of notice or such other applicable time period as determined by the Board of Directors, in its sole discretion. If the ASSOCIATION Member fails to cure the violation as required within the prescribed time period contained in the notice, the ASSOCIATION or its counsel shall provide the ASSOCIATION Member the statutory notice required under the Texas Residential Property Owners Protection Act, Texas Property Code ("TPC"), Section 209.006, as it may be amended from time to time, and as applicable. The statutory notice shall inform the ASSOCIATION Member of its right to cure the violation and avoid any penalties and/or suspension of privileges unless the ASSOCIATION Member was given notice and a reasonable opportunity to cure a similar violation within the preceding six (6) months. Members shall be responsible for Members tenants and lessees for the purposes herein and fines assessed as a result of a violation of the tenant or lessee shall be assessed and charged to the Member's account. B. If the ASSOCIATION Member fails to cure the violation or resolve the issue as required within the prescribed time period, the ASSOCIATION shall proceed with imposing penalties and/or the suspension of privileges as outlined: l. First Offense: After the first violation of these rules, the violating Member shall receive a written notice of the violation in compliance with the Texas Property Code. 2. Second Offense: After two (2) violations within three (3) months, the violating Member shall receive a written notice of the violation and the suspension of privileges for not less than seven (7) days. 3. Third Offense: After three (3) violations within three (3) months, the violating Member shall receive a formal written notice of the violation and the suspension of privileges for not less than thirty (30) days. 4. Fourth Offense: After four (4) violations within three (3) months, the violating Member shall receive a formal written notice of the violation and the suspension of privileges for not less than one ( l ) year. C. Notwithstanding the foregoing, the ASSOCIATION reserves the right to seek injunctive relief at any time regardless of the provisions herein requiring notice for violations if the violation constitutes a material danger to persons or property, will cause irreparable harm to persons or property or is a nuisance as determined by the Association in its absolute sole discretion. 8. Attorney's Fees: If the Association is compelled to retain an attorney for the enforcement of the GOVERNING DOCUMENTS, the owner shall be charged with all attorney's fees, costs and expenses subject to the limitations of the Texas Residential Property Owners Protection Act, Texas Property Code, Section 209.006, as it may be amended from time to time. 9. Right to Hearing; An ASSOCIATION Member which has received a statutory notice of violation pursuant to TPC Section 209.006 is entitled to a hearing under TPC Section 209.007 on or before the thirtieth (30 1 h) day after the date the ASSOCIATION Member was mailed notice provided the ASSOCIATION Member is entitled to an opportunity to cure the violation as provided for in TPC Sec. 209.006(b)(2)(A). 10. Appeal Process; The process of appeal for ASSOCIATION Members entitled to a hearing as stated m Section 7 above shall be:
A. On or before the thirtieth (30 1 h) day after the date the ASSOCIATION Member was mailed the statutory notice, ASSOCIATION Member shall make a written request to the ASSOCIATION for a hearing; B. The hearing may be conducted by a committee appointed by the Board of Directors or before the Board of Directors if no committee is appointed; C. If the hearing is before a co1mnittee, the ASSOCIATION Member shall have a right of appeal to the Board of Directors with written notice to the Board of Directors by ASSOCIATION Member; D. A hearing shall be held not later than thirty (30) days after the Board of Directors receives the ASSOCIATION Member's request for a hearing; E. The Board of Directors shall notify the ASSOCIATION Member of the date, time and place of the hearing not later than the tenth ( l 0 th ) day before the date of the hearing; F. The Board of Directors or the ASSOCIATION Member may request a postponement and, if requested, a postponement shall be granted for a period of not more than ten (10) days; G. Additional postponements may be granted by agreement of the parties; H. ASSOCIATION Member or ASSOCIATION may make an audio recording of the hearing; I. An Association Member is not entitled to notice and a hearing if the ASSOCIAIATION files a suit seeking a temporary restraining order or temporary il\junctive relief or files suit that includes foreclosure of a cause of action; J. An ASSOCIATION Member is not entitled to notice and hearing for the temporary suspension of a person 's right to use common areas if the temporary suspension is the result of a violation that occurred in a common area and involved a significant and immediate risk of harm to others in the subdivision; K. The hearing permitted herein shall be a Closed Session Hearing restricted to the ASSOCIATION Member making the appeal and appointed members of the committee appointed by the Board of Directors or if the hearing is before the Board of Directors, members of the Board of Directors and third parties determined necessary by the Board of Directors, in its sole discretion, to conduct the hearing. L. The appointed committee and the Board of Directors shall issue its written decision on the ASSOCIATION Member's appeal within fifteen (15) days of conducting the hearing or appeal, as applicable; M. The written decision shall include the final decision and any further curative action to be taken by ASSOCIATION Member, if any. This Resolution and Policy was adopted by the Board of Directors of Stonefield Association, Inc. and became effective on this day of President Vice President Secretary