Governing Documents Review

Spring Run

Governing Documents Review Task Force

Meeting Agenda

Saturday, January 11, 2013 – 1:00 p.m.

Conference Room

1. Call to Order

2. Review Phase I Tasks and Available Information to Date

• Task 1: Define and outline all various forms of membership found in the Governing Documents

• Task 2: Identify and outline all policies that pertain to various forms of membership

• Task 3: Determine the privileges and restrictions that apply to various forms of membership

3. Possible Information Needed for Task 1:

• Full time residents (225-depends on definition of “full time”)
• Seasonal residents
• Seasonal residents who also rent their property
• Owner of multiple units (full time and seasonal)
• Members who rent their units, do not live here, and maintain golfing privileges
• Multiple owners listed on deeds
• Corporation ownership (Not applicable given accounting by member)
• Social members
• Transfer members

4. Information Sources for Tasks 2 and 3

5. Additional Information and Tasks Required for Decision-making/Discussion

6. Set Future Meeting Dates

7. Next Meeting: January 25^th, 9:00 a.m.

Appendix B

Estimated Number of Persons Listed on Deeds When

Over Two Per Unit by Neighborhood Associations

 Appendix C

Pertinent Information for Meeting Discussions

Hierarchy of Governing Documents and Change Requirements

1. Florida Statutes 720.303 (legislature)

2. Spring Run Articles of Incorporation  (67% vote of NR’s)

3. Spring Run Declaration of Covenants (75% votes of NR’s)

4. Spring Run Use Restrictions (not applicable)

5. SR Bylaws (51% vote of NR’s)

6. SR Design Guidelines (not applicable)

7. SR Policies (Approval by Board)

8. SR Rules and Regulations (Approval by Board)

Articles of Incorporation

Article 5 Powers. (A). The Association shall have all of the powers conferred upon a not for profit corporation under Florida statutory and common law and all of the powers necessary or desirable to perform the obligations and duties and to exercise the rights and powers set out in these Articles, the By-Laws, and the Declaration, including, without limitation the power:

            (iii) to make rules and regulations and to enforce convenants, conditions, or restrictions affecting any property to the extent the Association may be authorized to do so under the Declaration or By-Laws;

            (ix) to adopt, alter, and amend or repeal such By-Laws as may be necessary or desirable for the proper management of the affairs of the Association; provided, however, such By-Laws may not be inconsistent with or contrary to any provisions of the Declaration;

Article 6 Members.  A. The Association shall be a membership corporation without certificates or shares of stock. The Owner of each Unit, as those terms are defined the Declaration, shall be a member of the Association and shall be entitled to vote as provided in the Declaration and in the By-Laws.

B. Change of membership in the Association shall be established by recording in the Official Records of Lee County, Florida, a deed or other instrument establishing record title to real property subject to the Declaration. Upon such recordation, the Owner designated by such instrument shall become a member of the Association and the membership of the prior Owner shall terminate.

Article 9. By-Laws. The ByLaws shall be adopted by the Board of Directors and may be altered, amended, or rescinded in the manner provided in the Bay-Laws.

Article 11. Defines change requirement of 67% of votes in the Association.

The following restrictions shall apply to all of the Properties until such time as they are amended, modified, repealed or limited by Use Restrictions of the Association adopted pursuant to Article III of the Declaration.

(n) Use of any Unit for operation of a timesharing, fraction-sharing, or similar program whereby the right to exclusive use of the Unit rotates among participants in the program on a fixed or floating time schedule over a period of years.

4. Leasing of Units. “Leasing,” for purposes of this paragraph, is defined as regular, exclusive occupancy of a Unit by any person, other than the Owner for which the Owner receives any consideration or benefit, including, but not limited to, a fee, service, gratuity, or emolument. All leases shall be in writing. The Board may require a minimum lease tern, which requirements may vary from Neighborhood to Neighborhood. Notice of any lease, together with such additional information, payment of fees, or other matters as may be required by the Board, shall be given to the Board by the Owner within 10 days of execution of the lease or prior to occupancy, whichever shall occur first. The Owner must make available to the lessee copies of the Governing Documents.

Declaration of Covenants, Conditions, and Restrictions

“Association: The Spring Run Golf Club Community Association, Inc., a not-for-profit corporation its successors or assigns” (p. 3).

“Governing Documents: A collective term referring to this Declaration and any applicable Supplemental Declaration, the By-Laws, the Articles, The Design Guidelines, the Use Restrictions, and the Rules and Regulations, as they may be amended” (p. 5).

“Owner: One or more persons who hold the record title to any Unit, but excluding in all cases any party holding an interest merely as security for the performance of an obligation. If a Unit is sold under a recorded contract of sale, and the contract specifically so provides, the purchaser (rather than the fee owner) will be considered the owner” (p. 6).

“Person: A natural person, a corporation, a partnership, a trustee, or any other legal entity” (p. 6).

“Alienation. No use Restriction shall prohibit leasing or transfer of any Unit, or require consent of the Association or Board for leasing or transfer of any Unit; provided, the Association or Board may require a minimum lease term of up to 30 days. The Association may require that Owners use lease forms approved by the Association and may impose administrative fees, transfer fees, and reserve assessments on the lease or transfer of any Unit and privilege to use the Club Facilities in such amount as may be reasonably determined by the Board and which may be graduated in rates based on the length of the lease, type of occupancy, anticipated use of the Club Facilities, or other factors deemed appropriate by the Board. Additionally, the Association may require the prior payment of a lease deposit to ensure the compliance with the Association’s Use Restrictions, or any rules governing the use of the Club Facilities and to constitute liquidated damagers in the event of non-compliance or damage to the common area” (p. 10).

6.2.      Membership.

Every Owner shall be a Member of the Association in addition to a member of a Neighborhood Association.  There shall be only one membership in the Association per Unit.  If a Unit is owned by more than one Person, all co-Owners shall share the privileges of such membership, subject to reasonable Board regulation and the restrictions on voting set forth in Section 6.3(c) and in the By-Laws, and all such co-Owners shall be jointly and severally obligated to perform the responsibilities of Owners.  The membership rights of an Owner which is not a natural person may be exercised by any officer, director, partner or trustee, or by the individual designated from time to time by the Owner in a written instrument provided to the Secretary of the Association.

Article XV      Club Facilities

15.1.    Club Members.

Members shall have easements and a right to use the Club Facilities as more specifically defined and restricted in Section 11.1.  The Board shall have the authority to establish annual golf, tennis, swimming, social, dining, and other types of club memberships for Persons who are not Owners or residents within the Properties.  Club members, if established, shall not be Members of the Association nor have voting rights.  Club members' rights and interests shall be limited to the recreational and social privileges granted to such class of club members

15.3.    Use by Members.

Members shall have easements and a right to use the Club Facilities as more specifically defined and restricted in Section 11.1.  A Member's easements and use rights to the Club Facilities are appurtenant to and inseparable from ownership of a Unit and shall extend to the members of his or her "family."  Family shall be defined to include and be limited to the Owner of a Unit, his or her spouse (if any) residing within the Unit, and any children under the age of 21 years old who reside with the Unit Owner within the Properties.  If a Unit is owned by someone other than a natural Person, such Owner shall designate in writing to the Board a "family" to utilize the membership as described above, which the Board shall have the option to disapprove.  The Board may impose restrictions or charge fees on the designation or redesignation or frequency of change of such memberships.

15.4.    Delegation of Use.

A Member may temporarily delegate his or her rights to use the Club Facilities to non-resident guests, subject to such guest policies established by the Board and to any applicable limitations, restrictions, requirements or fees as may be established from time to time by the Board.  Members shall be responsible for the conduct of their guests and any damage to the Club Facilities or violation of the Rules and Regulations imposed by the Board regarding its use may be Specifically Assessed against the Member and his or her Unit.

An Owner may delegate his or her rights to use the Club Facilities to any tenants or lessees of the Unit, provided such tenants or lessees constitute a "family" as defined in Section 15.3, and subject to any limitations, restrictions, requirements, and fees as may be established by the Board.  The Association may require that Owners use lease forms approved by the Association and may impose a fee on the lease or transfer of any Unit and privilege to use the Club Facilities in such amount as may be reasonably determined by the Board and which may be graduated in rates based on length of the lease, type of occupancy, anticipated use of the Club Facilities, other factors deemed appropriate by the Board.  Additionally, the Association may require the prior payment of a lease deposit to ensure the compliance with the Association's Use Restrictions, any Rules and Regulations governing the use of the Club Facilities, and to constitute liquidated damages in the event of non-compliance or damage to the Common Area.  Any Owner which leases his or her Unit shall be presumed to have delegated his or her easements and rights to use of the Club Facilities to his or her tenant or occupant, and such Owner's easements and rights to use shall be suspended during the term of the lease.

The use rights and privileges delegated to a guest or tenant may be limited to a greater extent than the use rights and privileges of an Owner occupying his or her Unit.  Such limitations may be enacted by the sole discretion of the Board and may include, without limitation, imposing additional or higher fees, restrictions regarding reservation of tee times, and periods of use being reserved or restricted.

By-Laws

C. Power and Duties.

3.17 Powers. The Board of Directors shall have all of the powers and duties necessary for the administration of the Association’s affairs and for performing all responsibilities and exercising all rights of the Association as set forth in the Declaration, these By-Laws, the Articles, and as provided by law. The Board may do or cause to be done all acts and things which the Declaration, Articles, these By-Laws, or Florida law do not direct to be done and exercised exclusively by the Neighborhood Representatives or the membership generally.

(i) enforcing by legal means the provisions of the Governing Documents and bringing any proceedings which may be instituted on behalf of or against the Owners concerning the Association; provided, the Association shall not be obligated to take action to enforce any convenant, restriction or rule which the Board in the exercise of its business judment determines is, or is likely to be construed as, inconsistent with applicable law, or in any case in which the Board reasonably determines that the Association’s position is not strong enough to justify taking enforcement actions;

(m) making available to any prospective purchaser of a Unit, any Owner, and the holders, insurers, and guarantors of any Mortgage on any Unit, current copies of the Declaration, the Articles of Incorporation, the By-Laws, rules and all other books, records, and financial statements of the Association as provided in Section 6.4

(q) assisting in the resolution of disputes as set for in the Declaration;

3.25. Board Standards. While conducting the Association’s business affairs, the Board shall be protected by the business judgment rule. The business judgment rule protects a director from personal liability so long as the party claiming liability does not prove that the director failed to (a) serve in a manner the director believes to be in the best interests of the Association and the Members; (b) serve in good faith; or (c) act with such care as an ordinarily prudent person in a like position would use under similar circumstances.

In fulfilling its governance responsibilities, the Board’s actions shall be governed and tested by the rule of reasonableness. The Board shall exercise its power in a fair and nondiscriminatory manner and shall adhere to the procedures established in the Governing Documents.

Policies

Subject: Member Assignment                                                                                    CO-126

A. Policy. It is the policy of the club to establish 2 Golf Designated members for each home in Spring Run.   

B. Discussion

1.         If there are two or more people listed on the Deed, two must be designated as the Primary and Secondary Members. If one of the two does not play golf, another person on the Deed may be designated. The Primary golf member may not be designated as the secondary in the same unit. 

2.         If there is only one person listed on the Deed, an “Immediate Family Member” may be designated as the Secondary Member. ‘Immediate family member’, for the purposes of this policy only, is interpreted to mean spouse, mother, father, son, daughter, brother, sister, or significant other. Furthermore, any person designated as second in a unit must reside within that unit. Note: conflicts with Declaration

Subject: Social Membership

                                                                                    CO-127

A. Policy. It is the policy of the club to establish a membership for anyone leasing in the Spring Run Community.

B. Discussion

1.         All lessees are required to accept a membership in Spring Run. A social membership will allow privileges to all facilities except golf.

2.         Spring Run will assess a use fee to be determined by the board for the membership. This membership fee is in addition to the fee already charged by the Neighborhood Association.  A lessee may choose the full transfer membership with the homeowner’s approval. 

3.         An application form should be filled out with the Spring Run Administration Office. If an application is not received for any lessee, the homeowner’s house account will be charged the mandatory fee.

4.         Under this social membership, the homeowner still retains all membership privileges.

SUBJECT: Owner Use Privilege                                                       Admin 125

A.        Policy. It is the policy of the club to allow an Owner to transfer Owner's Spring Run Golf Club Association Use Privileges (clubhouse privileges: golf, dining, etc.) to another party (the "transfer member"), who may or may not be paying a fee to the Owner for this privilege.

B.        Discussion.

1.         An Owner may transfer the Owner's use privileges only once in every rolling thirty (30) day period.

2.         An Owner shall receive the consent of both the Owner's Neighborhood Association and the Spring Run Administration Office at least 14 days prior to the commencement date of the delegation of use.

3.         An Owner shall pay the distinct and separate sums to the Neighborhood Association and to Spring Run Golf Club Community Association, Inc. for each act of delegating use.

4.         These fees must be paid whether or not the Owner is receiving remuneration from the transfer member.

5.         This policy does not address the assignment of Club Privileges to a Registered Guest or a Day Guest.

6.         Procedure:

a.         The Owner or Owner's Realtor requests from the Spring Run Golf Club Community Association's administrator an "Application for Assignment of Resident Use Privileges to Tenant."  The Owner or Owner's Realtor requests from the Owner's Neighborhood Association's management company a "Lease Approval Form." 

b.         The Owner or Owner's Realtor completes the two application forms and provides any additional information required by the applications to the Neighborhood Association's management company and the Spring Run Golf Club Community Association.

c.         The Owner or Owner's Realtor provides a check payable to the Neighborhood Association.  The Neighborhood Association's management company then obtains approval of the transfer from the Neighborhood Association's Board of Directors.  Once this approval is received, the Owner or Owner's Realtor provides a check in the amount of $318.00 (tax included) payable to Spring Run Golf Club Community Association, Inc. for the delegation of use privileges along with the submittal of the Neighborhood Association's approved lease and the completed "Application for Assignment of Resident Use Privileges to Tenant" to the Spring Run Golf Club Community Association's administrator.

d.         The Spring Run Golf Club Community Association's administrator approves the delegation of use privileges and identifies the check-in time for the transfer member to register and completes the delegation of use privileges process.

e.         The Spring Run Golf Club Community Association's administrator at the beginning of the delegation period removes the owner's member number from the Chelsea system and enters the transfer member's number into the Chelsea system and the Club charging system.

f.          The Spring Run Golf Club Community Association's administrator at the end of the transfer period removes the transfer member's number from and enters the Owner's member number into the Chelsea and Club charging systems.

7.         Delegation of Use:

a.         The Spring Run Golf Club Community Association's administrator provides the transfer member(s) at the beginning of the delegation of use privilege period a transfer membership ID card, a copy of the Transfer Membership Charge Policy for which a signature is obtained, a copy of the Spring Run Golf Club Community Association's Rules and Regulations, a copy of the Chelsea Tee Time Request instructions, a gate/parking permit along with directions on how to display the permit, and a list of Spring Run Golf Club Community Association's key phone numbers.

b.         At the beginning of the delegation of use privilege period, a transfer member establishes a house account using their Visa or MasterCard.  Visa or MasterCard are the only credit cards accepted at the Club. During their stay at Spring Run their charges will be applied to their credit card on the 10th of each month. If for any reason we cannot collect on these charges the owner of the unit will be responsible.

8.         During the delegation of use privilege period, the transfer member(s) must present the transfer membership ID card at time of service.

SUBJECT: Clubhouse Usage-Game Night                                      Admin 139

A.        Policy. It is the policy of the club to restrict club usage to members only on Game Nights.

B.        Discussion

1.         Guests are not allowed on Game Night.

2.         No Public Usage on Game Night.

Subject: F&B Minimum  

8. Transfer Member’s charges for Food and Beverage will not be credited to the owner’s Food and Beverage Minimum. However, under the following circumstances, an owner will have access to the minimum on the rented unit

a. Owners with an annual renter can charge at the Club May 1 – Sep 30 to use their minimums

b. Owners with two (2) or more units can access the remaining units’ unused minimum balance by setting this up with the Club Office.

9. Any unused member credit amounts, resulting from payment of the food and beverage minimum usage charge, are not carried over to next fiscal year.

10. A member who sells their unit during the fiscal year has the responsibility to negotiate any adjustments to their Member House Account balance as part of their real estate closing.

Subject: Multiple Golfers on Membership                                                     GO-130

A.        Policy.  Golfing Memberships is to permit only two (2) designated users in a unit to have golfing privileges at any one time.

B.        Discussion.

1.         Golfing privileges may be transferred to other designees twice per year at no charge, with transfer fees charged after that.

2.         All units purchased in Spring Run prior to January 2007 with multiple designated golfers on the title (See Addendum A attached) are now Grandfathered in so that privileges may be transferred between title holders without limit or transfer charge.

a.         no more than two (2) golfers per unit be designated at any one time, b) they must notify the office in advance to make the necessary changes to their account

RULES AND REGULATIONS

Article II         Membership

2.1       Exercise of Privileges. The Governing Documents grant to each Unit Owner a membership in and the right to use the Club Facilities. The record title holder(s) of each Unit must designate in writing, signed by a majority of the record title holders, the names of up to two persons who shall exercise the privileges of membership, as is more fully described in Section 15.3 of the Covenants. Membership entitles the Member to use, during operating hours and subject to availability, all Club Facilities available for use by Members.

(c)  Non-Transferability. A membership card may not be used by any person other than the person to whom it is issued. Membership cards are not transferable. If a Member who leases his/her dwelling delegates his/her use privileges to the Club Facilities to the lessee in accordance with Paragraph 11.3, the Association shall issue membership card(s) to the lessee, i.e. transfer Member, for the term of the lease and the lessor’s membership card and use privileges, and those of his/her authorized users, if any, shall be suspended for the term of the lease.

2.3       Transfer of Membership.

(a)   General. Except as specifically provided in the Governing Documents, memberships are not transferable except to and by the Association and any other attempt to transfer a membership shall be void and of no effect.

(b)        Death. Upon death of a Member, the membership shall automatically terminate and, upon notice to the Association, the Association shall reissue the membership to the legatee or heir of the Unit, if such legatee or heir is over the age of 18; otherwise, the membership shall pass to such individual’s guardian in trust for the benefit of the heir or legatee.

(c)   Co-Ownership. If a Unit is owned by a corporation, trust or other legal entity or if a Unit is owned by two or more individuals, the membership may be transferred among the co-Owners as provided in Paragraph 5.1 of these Rules and Regulations.

(d)  Termination of Co-Ownership. In the event that Members who hold a membership in their joint names cease to be co-Owners of a Unit, the membership shall vest in the Member who receives title to the Unit. All rights of the former co-Owners in and to such membership shall terminate.

2.4       Termination of Membership. A Member shall be deemed to have resigned his/her membership and such membership shall automatically terminate upon a Member ceasing to be an Owner of a Unit, unless the co-Members are husband and wife, the remaining spouse continues to be an Owner of the Unit and the remaining spouse designates the non-Owner as his/her co-Member, or unless the Member acquires title to a different Unit in Spring Run within 10 days of ceasing to own the previous Unit (in which case the membership shall continue uninterrupted).

Upon termination of a membership, the Member shall return to the Association all membership cards issued to the Member and his/her authorized users. Members shall be responsible for all fees and other charges accrued or incurred through the effective date of resignation and until the Association has received all membership cards. A Member shall have no right to payment upon termination of membership.

Article III       Use Fees

3.1       Establishment. The Association may establish and charge daily use fees for all persons using certain Club Facilities or services. Such fees, as established, shall apply to both Members and guests and shall generally be charged on a per person, per use basis, provided the fee amounts may differ for Members, transfer Members and guests. Such daily use fees may include, but shall not be limited to, green fees, cart fees, club storage fees, court fees and fees for failure to cancel reserved tee times or other reservations. All such use fees shall be charged to a Member’s account at the time the charge is incurred. The Association shall publish annually a schedule of current fees and charges, which shall be subject to change from time to time in the Association’s sole discretion.

Article V         Association Services and Activities

5.1       Membership Program. The Declaration grants to each residential property Owner in the Spring Run Golf Club Community Association, Inc. a membership in and the right to use the Club Facilities. Membership in and the right to use the Club Facilities are limited to a maximum of two persons per Unit as follows: The record title holder(s) of each Unit must designate a primary Member and may designate either a co-Member or an authorized user who shall exercise the privileges of membership. The record title holder(s) of each Unit also must designate one Member who shall receive the monthly billing statement, regardless of which Member actually charges to the membership account. If a corporation, trust or other legal entity or if more than two natural persons are record title holders, the legal entity or the persons may change the designations twice during the Association’s fiscal year at no charge. Requests for additional changes will be processed at a cost determined by the Association in the Association’s sole discretion. (Duplicate?)

5.2       Non-Member Use.

The Association shall have the right to permit use of the Club Facilities by non-Members, including members of the general public, under such circumstances, terms and conditions, and upon payment of such fees as the Association shall determine in its sole and absolute discretion. Such use may include, but shall not be limited to, daily fee use of the Club Facilities, including the golf facilities, tournaments, charity events, reciprocity agreements with other clubs and other activities.

The Association may enter into agreements with other entities, including without limitation, hotels, resorts, lodges, schools, clubs, fraternal organizations, or other businesses, on such terms and conditions and upon payment of such fees as the Association shall determine in its sole discretion, granting access and use privileges with respect to some or all of the Club Facilities for the guests, members or other individuals associated with such entity. Any such agreement may grant advance tee time reservation privileges to the contracting entity and permit the contracting entity to sponsor special events at the Club Facilities, among other things.

5.3       Special Events. The Association may provide a variety of social, cultural, educational and recreational events in which all Members are encouraged to participate. Such events may be designated “Members Only” or may be open to Members and their guests and may include, but shall not be limited to, golf tournaments, tennis tournaments and charity events.

5.4       Private Functions. Private functions may be held at the Club Facilities with the prior permission of the Association and upon the payment of such fees or charges as the Association may establish. The Association encourages the use of Club Facilities for corporate or other private functions. Any Member wishing to reserve the Club Facilities for a corporate or private event may contact the Association for information regarding available facilities, dates and times. When scheduling such functions, the Association will consider the effect the function is likely to have upon the normal operation of the Club Facilities and may, in its sole discretion, refuse use of the Club Facilities. The function’s sponsoring Member shall assume full responsibility for the conduct of all attendees, any damage to the Club Facilities and the payment of any charges accumulated but unpaid by individuals attending the private function.

5.5       Nature and Condition of Club Facilities. The Association reserves the right to add or eliminate facilities, discontinue or modify the operation of existing Club Facilities and otherwise make such changes to the Club Facilities and level of operations as the Association deems appropriate in its sole discretion. The Association makes no representations or warranties with respect to the nature or condition of the Club Facilities or the suitability of the Club Facilities for any particular purpose.

Article VI       Discipline

(J)    Any attempt by Members, Member Guests, or Member Family to circumvent established procedures for entering or exiting Spring Run will result in a fine, including damages, in an amount determined by the Security Committee & General Manger.

8.3       Special Events.

(a)   Reservations. Only Members and transfer Members may make reservations.

(i)    Reservations may be made in person, by personal phone call to 239-949-0710 or through the Association’s on-line reservation system, if any.

o          (ii) Members may make reservation no sooner than 10 a.m. one month prior to the event.   Transfer Members may make reservation no sooner than 10 a.m. 25 days prior to the event. After two weeks from the date of the first announcement, reservations may also be made for guests (assuming the event is not already sold out). Reservations are on a first-come or first-call basis.

Article XI       Guests and Lessees

11.1  Accommodation of Guests and Lessees. The Association may extend use privileges to guests or lessees, i.e. transfer Members, of Members. Although it is in the intention of the Association to accommodate guests without inconvenience to the Members, the Association reserves the right to limit the number of guests who accompany a Member on any given day. The Association shall establish the rate of the daily guest fees, which shall be charged in addition to any applicable use fees. The Association requires that all lessees accept the Social Membership at the club. This membership allows the social member access to all facilities except golf. A lessee may choose the full membership transfer with the approval of the homeowner. The use rights and privileges delegated to a guest or transfer Member may be limited to a greater extent than the use rights and privileges of a Member. Such limitations may be enacted in the sole discretion of the Association and may include, without limitation, imposing additional or higher fees, restrictions regarding reservation of tee times and periods of use being reserved or restricted.

11.2     Use of the Club Facilities by Guests. All guests shall be either house guests or day guests. A house guest is defined as a guest temporarily residing in a Member’s Unit. All other guests of a Member shall be considered day guests. The Member shall be responsible for the conduct of his/her guests while using the Club Facilities. If the manner, deportment or appearance of any guest is deemed unsatisfactory by the Association, the guest shall vacate the Club Facilities.

(a)   Day Guests (with Member present).

i.          A day guest must be registered with the Association by the sponsoring Member.

ii.         A day guest may use all of the Club Facilities and services at the current published guest fees. All facility use fees and purchases must be charged to the Member’s account.

iii.        The maximum number of day guests per Member is seven for any single day.

iv.        The same day guest may not use the Club Facilities more than four times in a rolling thirty-day period.

(b)   House Guests. (Valid May 1–October 31st ONLY). House guests may use the Club Facilities with or without the Member present, under the following terms and conditions:

i.          A house guest is a guest who resides in a Member’s residence for more than one day but not more than two weeks.

ii.         The Member must register the house guest with the Association ten days prior to the house guest’s arrival. If the Member will not be in residence during the house guest’s stay, the Member must complete an “Application for House Guest” and obtain approval from the Association ten days prior to the house guest’s arrival. The Association will forward a copy of the approved Application to the Member’s Neighborhood Association. The Member may have a house guest when the Member is not in residence only once in any rolling thirty (30) day period.

iii.        A house guest may use all of the Club Facilities and services at the current published guest fees. A house guest does not need to be accompanied by the Member if the house guest has a house guest card. A house guest card may be obtained from the Association at a cost established in the sole discretion of the Association. The card identifies the house guest, the Member and the period of validity.

iv.        The house guest must pay at time of service with a Visa or MasterCard only. The Member is responsible for all charges that are not paid by the house guest.

v.         All house guests receive a temporary visitor’s pass that must be displayed on the windshield of the house guest’s vehicle. House guests whose sponsoring Member is not in residence during the house guest’s stay must check-in at the Association office prior to 3 p.m. on the day of arrival to receive a packet of information.

11.3  Use of the Club Facilities by Lessees (Transfer Members). A Member may delegate his/her rights to use the Club Facilities to any tenants or lessees (transfer Members) of the dwelling, provided such transfer Member meets the requirements defined in Section 15.3 of the Declaration, and subject to any limitations, restrictions, requirements and fees as may be established by the Association and/or the Member’s Neighborhood Association.

The Association may require that Owners use lease forms approved by the Association and may impose a fee on the lease and transfer of any dwelling and privilege to use the Club Facilities in such amount as may be reasonably determined by the Board and which may be graduated in rates based on the length of the lease, type of occupancy, anticipated use of the Club Facilities, and other factors deemed appropriate by the Board. It is mandated that all lessees become a member and if the club has not received a membership application, the homeowner’s account will be charged the social membership fee. Additionally, the Association may require the prior payment of a lease deposit to ensure the compliance with the Association’s Use Restrictions and these Rules and Regulations and to constitute liquidated damages in the event of non-compliance or damage to the Common Area or Club Facilities of the Association.

The Member shall be responsible for any delinquent or unpaid amounts incurred by the tenant or occupants.