The Ranch Creek Villas
RULES & REGULATIONS
THE RANCH CREEK VILLAS CONDOMINIUM ASSOCIATION
RULES AND REGULATIONS
A. THE RANCH CREEK VILLA CONDOMINIUM ASSOCIATION (the "Association"), acting through its Board of Directors, has adopted the following Rules and Regulations to be effective ________________________2005, Pursuant to Article IX Section 15 of The Ranch Creek Villas Condominium Declaration and the Colorado Common Interest Ownership Act (the "Act"). These are the Rules and Regulations governing the use of the Condominium Units, Common Elements, including both General Common Elements and Limited Common Elements and any property owned by the Association or the Owners in common. These Rules and Regulations dated ________________________ supersede and replace all prior versions of the Rules and Regulations for the Community. The purpose of these Rules and Regulations is to provide Owners and Related Users with an enjoyable atmosphere in which to live and to protect and enhance the value and desirability of The Ranch Creek Villas Community
B. The Association reserves the rights to alter, amend, modify, repeal or revoke these Rules and Regulations, and any consent or approval given hereunder at any time by resolution of the Association or its Board of Directors. These Rules and Regulations are supplementary to, and not in lieu of, provisions governing the Community which are set forth in the Declaration and By laws of the Association. To the extent of any inconsistency, the following will prevail in the order noted: the laws and statutes of the State of Colorado, the Declaration, the Articles of Incorporation, the By Laws and these Rules and Regulations.
C. An Owner is primarily responsible for his/her own conduct and the conduct of all Related Users in his/her Unit, whether such conduct occurs within the Unit or any Common Elements. Owners are responsible for informing Related Users of these Rules and Regulations.
D. For any violation of its Rules and Regulations, the Association may recoup any monetary damages, and/or levy fines and/or charges. The Association may also initiate legal action to recover any sums due and for injunctive relief, or any other remedy available in law or equity. None of the more specific penalties provided herein is intended to restrict the more general rights of the Association. Remedies are cumulative and the selection of one does not preclude the use of others.
E. Nothing in these Rules and Regulations is intended to restrict the right of the Association, its Managing Agent or any Owner or Related User to notify law enforcement or any other local, state or federal authorities of any violations of law, disturbances of the peace, health or fire safety related issues or of other appropriate concerns.
F. Any violation of these Rules and Regulations may result in a fine or other charge being levied against the Owner or Related User, following notice and an opportunity for a hearing, as more fully described in Article X below, and such further action, legal or otherwise, as permitted by the Declaration or law.
G. If any provision of these Rules and Regulations is determined invalid or unenforceable by a court of law, the
remainder of these Rules and Regulations shall remain in full force and effect.
Section 1. 1. OFFICE. The Association is currently managed by Management Specialists, Inc. (the "Managing Agent") 390 Interlocken Crescent, Suite 500., Broomfield, Colorado 80021. Office hours are: 8:30 a.m. to 5:00 p.m., Monday through Friday. There is a 24 hour answering service at ___________.
Section 1.2. MAINTENANCE. The Association provides maintenance of all Common Elements as more fully described in Article VIII of the Declaration. Each Owner is responsible for maintenance, repair, and replacement of his own Unit and all personal property comprising or located within his Unit.
Section 1.3. ANNUAL MEETING. The annual meeting of the Association is currently held in October of each year on such date as is selected by the Board of Directors. At such annual meeting the Members transact such business of the Association as shall properly come before the meeting, including election of members of the Board. The date of the meeting is subject to change as provided in the By Laws.
Section 1.4. FISCAL YEAR. The Association currently operates on a fiscal year of January 1st through December 31st.
The Board encourages all Owners to become involved in the community. All Owners are welcome to attend Association Board meetings and serve on the various committees appointed by the Board. Information on these committees is available from the Board or the Managing Agent. Only through active Owner participation can the Association respond to the needs and wishes of its Owners. Your individual time, effort and cooperation will help keep The Ranch Creek Villas a pleasant and enjoyable place in which to live.
Section 2.1. ADULT. "Adult" means anyone 18 years of age or older.
Section 2.2. ARTICLES OF INCORPORATION. "Articles of Incorporation" means the Articles of Incorporation of The Ranch Creek Villas Condominium Association.
Section 2.3. ASSOCIATION. "Association" means The Ranch Creek Villas Condominium Association, a Colorado nonprofit corporation, its successors and assigns. The Association shall act by and though its Board of Directors and officers unless the Articles of Incorporation or By Laws of the Association or the Declaration specifically require otherwise.
Section 2.4. BOARD OF DIRECTORS. "Board of Directors" or "Board" means the governing body of the Association.
Section 2.5. BY LAWS. "By Laws" means the By Laws of The Ranch Creek Villas Condominium Association.
Section 2.6. COMMON ELEMENTS. "Common Elements" means the Common Elements as defined in Article 1, Section 7 of the Declaration.
Section 2.7. COMMON HOUSEHOLD GROUP. "Common Household Group" means one or more natural Persons, each related to the other by blood, marriage or legal adoption, or a group of such Persons not all so related of not more than the number permitted by applicable local zoning ordinance, together with his or their domestic servants, all of whom maintain a common household in a Residential Unit within the Community.
Section 2.8. COMMON PARKING AREA. "Common Parking Area" means parking spaces or areas on private streets, located within the Community either assigned or unassigned.
Section 2.9. COMMUNITY. "Community" means the totality of all the Real Estate, Building, Condominium Units and Common Elements, as more fully described in the Declaration.
Section 2.10. CONDOMINIUM MAP. "Condominium Map" means collectively the condominium map of the Real Estate and improvements, and all of the supplements thereto, that are subject to the Declaration and which are designated as The Ranch Creek Villas Condominium Map recorded in the records of the office of the Clerk and Recorder of the County of Adams, Colorado.
Section 2.11. CONDOMINIUM UNIT. "Condominium Unit" means a Unit, together with all fixtures and improvements contained therein and together with the undivided interest in the Common Elements appurtenant to a Unit, as more fully described in Section 1.8 of the Declaration.
Section 2.12. DECLARATION. "Declaration" means and refers to The Ranch Creek Villas Condominium Declaration, as it may be amended or supplemented from time to time.
Section 2.13. INOPERABLE/ABANDONED VEHICLE. "Inoperable/Abandoned Vehicle" means any vehicle, including but not limited to any Recreational Vehicle, or other item parked or left in the Common Elements or in the Common Parking Area not bearing a valid and current State license plate and/or any item which has not been moved by its owners for a period of seventy two (72) hours or more, and/or any vehicle which is in a state of repair rendering it incapable of being driven in its present condition or which is such that the acts of the vehicle owner and the conditions of the vehicle clearly indicate that it has been abandoned.
Section 2.14. MANAGING AGENT. "Managing Agent" means the person and/or firm that is engaged by the Board to manage the Association's business affairs and the Common Elements.
Section 2.15. MEMBER. "Member" means and refers to each Owner of a Condominium Unit; membership in the Association shall be appurtenant to, and may not be separated from, ownership of a Condominium Unit.
Section 2.16. OWNER. "Owner" means any record owner whether one or more persons or entities, of a fee simple title interest to any Condominium Unit; but excluding, however, any such record owner having such an interest merely as security for the performance of an obligation (unless such person has acquired fee simple title interest therein pursuant to foreclosure or any proceedings in lieu thereof),
Section 2.17. PERSON. "Person" means a natural person, a corporation, a partnership, a limited liability company or any other entity recognized as being capable of owning real property under Colorado law.
Section 2.18. PETS. "Pets" means domesticated dogs, cats, birds or fish. No other animals, livestock, poultry or insects of any kind shall be kept, bred, raised or boarded in or on the Community or be Pets as defined herein.
Section 2.19. RECREATION FACILITIES. "Recreation Facilities" means the swimming pool, pool area, pool house, and any other such facility, which may be erected or installed on the Common Elements for use by the Owners and Related Users at The Ranch Creek Villas.
Section 2.20. RECREATIONAL VEHICLES. "Recreational Vehicles" means any vehicle containing sink, stove, refrigerator, sleeping accommodations or a combination thereof, boats, trailers, snowmobiles, motorcycles and all terrain vehicles designated specifically for off road use only, pick up truck, van, or camper in excess of three quarter (3/4) ton, and any accessories to these items.
Section 2.21. RELATED USER. "Related User" means any member of the Common Household Group of an Owner who resides with such Owner in a Residential Unit; guests, customers and invitees of an Owner of a Unit; employees of an Owner of a Unit; and occupants, tenants and contract purchasers of a Unit of an Owner who claim by, through, or under an Owner.
Section 2.22. RESIDENTIAL UNIT. "Residential Unit" means any Unit that is not designated as a Common Element on the Condominium Map.
Section 2.23. STORED VEHICLE. “Stored Vehicle” shall mean a vehicle that is not consistently driven, factors to be considered in determining if a vehicle is stored are: has the vehicle been used for transportation in the past seven days? Does the owner have another vehicle that is used for transportation to the exclusion of the stored vehicle? Is the Association’s General Common Elements being used merely to store a vehicle the owners use infrequently?
Section 2.24. UNIT. "Unit" means that certain air space as described in Section 1.28 of the Declaration and may be a Common Element or a Residential Unit.
Section 2.25. VICIOUS ANIMAL. “Vicious Animal” shall mean an animal that has demonstrated a propensity to bite, molest, or harass other people, their pets or their property.
Section 2.26. WALKWAY. "Walk way" means outdoor ground level sidewalks located in the Common Elements.
Section 3. 1.Enforcement. These Rules and Regulations, the Declaration, the Articles of Incorporation, and the By Laws relating to The Ranch Creek Villas Condominium Association, may be enforced only by the Board of Directors and fines for infractions may be levied by the Board in accordance with provisions therein which relate to enforcement of Rules and Regulations and which relate to collection of Assessments and other charges.
Section 3.2. Indemnification for the Actions of Others. Owners shall hold the Board of Directors, the Association and other Owners and Related Users harmless for their actions and the actions of their children, tenants, guests, pets, servants, employees, agents, invitees or licensees.
Section 3.3. Additions to, Appurtenances to, and Appearance of Buildings. No alterations or additions of any kind including, but not limited to the installation of radio and/or television antennas, fans, storm doors, door knockers/bells/strikers, wind chimes and the changing of any exterior color due to painting, staining, covering, or tinting, or the installation of air conditioners, and solar collectors shall be done on the exterior building walls or on the Common Elements including the General Common Elements or Limited Common Elements by an Owner or Related User without the prior written consent of the Architectural Control Committee (Architectural Review Committee) and the Board. Such approval may be contingent upon the Owner first entering into a "Restrictive Covenant Agreement" with the Association as an effort to allocate all the additional costs resulting from the improvement to the Owner seeking to install and benefit from the improvement. This includes the costs to return the affected surface, component or structure to its original condition. This includes the repair of any hidden damage due to such installation, including damage caused by water infiltration of building walls and possible resulting mold damage. Television antennas, satellite dishes/signal receivers and their cabling shall be installed in accordance with the Association's Antenna Installation Rule/Resolution published separately by the Board.
Section 3.4. Installation of Hard Surface Flooring. No hard surface flooring including, but not limited to, hardwood or engineered wood flooring, hard laminate flooring, marble stone, ceramic tile, porcelain tile, or similar hard flooring material, shall be installed or permitted in any Unit, other than in a kitchen or bathroom except when such floor was installed by the builder when the unit was first constructed - these include, but are not limited to, entrances and the laundry room. Installation of hard surface flooring in kitchens and bathrooms requires approved sound attenuation underlayment. The Declaration of the Ranch Creek Villas Homeowners Association prohibits the installation of hardwood flooring or engineered wood flooring in any Unit.
Section 3.5. Annoyance or Nuisance. No noxious, dangerous or unsafe activity will be carried on in any Unit or the Common Elements, including the General Common Elements and the Limited Common Elements, nor will anything be done therein, either willfully or negligently, which is an annoyance or nuisance to other Owners or Related Users. Examples of annoyances or nuisances include but are not limited to noises associated with the operation of motorized vehicles or machinery, or due to parties or other group and social activities, playing or operating musical instruments, radios, stereos, televisions, computers etc. in such a manner as to disturb. Volumes on the previously mentioned items shall be lowered to substantially lower levels between the hours of 10: 00 P.M. and 7:00 A.M. If such sound can be heard and understood by persons of normal sensitivity within other Units with doors and windows closed, and air handling systems on, it will be considered too loud. Two or more Member Complaints on noise or a police report for disturbing the peace are needed to create the presumption of an annoyance or nuisance.
Moving in or out of Unit is prohibited between the hours of 10: 00 p.m. and 7: 00 a.m.
Section 3.6.Signs and Advertising. No sign, advertisement, artwork, notice or other lettering of any type intended to be viewed outside of the Condominium Unit shall be placed, erected, displayed, inscribed, painted, affixed or permitted to remain in or on any Condominium Unit, including both Residential Units and/or garages, nor shall any sign be permitted in or on the Common Elements, including General Common Elements and Limited Common Elements, without the prior written approval of the Board, except that one "For Rent" or "For Sale" sign no larger than 5 square feet may be placed inside the window of the Condominium Unit which is for sale or rent only. In addition, lettering not greater than two inches in height and setting forth an Owner's or Related User's name and address may be placed on the front/back door of the Owner's or Related User's Condominium Unit with the Board's prior approval.
Section 3.7. Obstructions. All roadways and walkways shall be kept clear for emergency traffic and emergency personnel at all times. No items of any kind, including but not limited to vehicles, furniture, wood, bicycles, barbecue devices, toys, or other items of personal property, shall be stored or left in the roadways, walkways or upon the Common Elements. Any such items left in the Common Elements will be deemed to be a safety hazard and may be removed by the Association and placed in storage at the Owner's expense and, after notice and opportunity for hearing, be disposed of at the Owner's expense. Any such expense shall be levied against the applicable Condominium Unit and collected as an Individual Purpose Assessment in accordance with Section 7.8 of the Declaration.
Section 3. 8. Appearances of Buildings. No garments, rugs, clothing, nor any other household items shall be hung from windows, balconies, decks, patios, fences, plant materials, or the facades of the buildings. No clotheslines of any type shall be placed on the Community.
Section 3.9. Balconies. Decks and Patios. Balconies, decks or patios may not be used as storage areas for excess furniture or any other personal property. Rugs or other materials shall not be dusted or cleaned from windows, balconies, decks or patios by beating, striking or shaking. No items shall be swept or thrown from the balconies, decks or patios.
Outdoor furniture may be placed on patios, decks and balconies. Gas and electric grills only are permitted on patios, decks and balconies. No gas, charcoal or electric fryers are permitted
Section 3.10. Decorating. Holiday decorations are permitted within the Residential Unit and Limited Common Elements of a Condominium Unit. The decorations shall not cause damage to or surface penetration of any area maintained by the Association. Outside holiday lights or lighting displays shall not be excessive and must be turned completely off between the hours of 10:00 P.M. and 7:00 A.M. so as not to be a nuisance to others. No holiday decorations or lights may be installed more than 7 days prior to the holiday and must be removed no later than 7 days following the holiday, excluding the winter holiday season. During the winter holiday season, decorations and lights shall not be installed prior to Thanksgiving and must be removed no later than January 15 following the winter holiday season. For political holidays the flag of the United States of America can be flown, any bracket used to display the flag shall not cause damage to or surface penetration of any area maintained by the Association. All flags must not be any larger then 2 feet by 3 feet.
Section 3.11. Littering. Littering in the Common Elements is strictly prohibited. Any litter, including pet waste droppings, must be picked up and removed immediately to dumpsters or other appropriate trash disposal containers.
Section 3.12. Firearms and Fireworks. The discharge or firing of firearms or fireworks is prohibited in the Community.
Section 3.13. Compliance With Law. No unlawful use may be made of the Community. All valid laws, ordinances, and regulations of all governmental bodies having jurisdiction over the Community shall be observed and any Owner or Related User violating any such laws, ordinances, and regulations shall hold the Association and all other Owners and Related Users harmless from all fines, penalties, costs and prosecutions for the violation thereof or noncompliance therewith.
Section 3.14. Flammable Items. With the exception of reasonable amounts of household cleaning supplies, paints and one bottle of propane for a gas grill, no flammable, combustible, volatile, incendiary or explosive fluids, chemicals, materials or substances shall be kept or stored in any Unit, including Residential Units and patios or within the Community.
Section 4. 1. Pets. No animals, livestock, potbellied pigs, poultry or insects, of any kind, shall be raised, bred, kept or boarded in or on the Community, except that domesticated dogs, cats, birds or fish may be kept in any Condominium Unit, subject to all governmental ordinances, laws and regulations, provided that they are not kept for commercial purposes or be permitted to become a nuisance. Except where the Westminster Municipal Code may restrict allowable breeds and/or set a lower maximum number of allowed pets per Residential Unit, the maximum number of domesticated dogs allowed shall be two (2) per Residential Unit or a combined total weight for a dog or dogs of one hundred twenty five (125) pounds, whichever is less. That is, a single dog weighing 125 pounds is allowed in a Residential Unit but not two dogs in this example. The maximum number of cats is three (3) per Residential Unit. The total number of dogs plus cats cannot exceed three (3).
Section 4.2. Owner Control of Pets. All pets must be attended and under the control of the owner at all times in accordance with the Code of the City of Westminster. All pets owned by any Owner or Related User must be kept on a leash whenever outside on any Common Elements. All pet waste droppings in the Common Elements shall be picked up and removed immediately by the pet owner and shall be disposed of in a sanitary manner. All pets should be registered with the Association upon move in or purchase of the pet.
Section 4.3. Pet Owner Responsibility. All Owners and Related Users owning any pets are charged with the responsibility of preventing their pets from damaging or soiling any Common Elements and will repair any such damage. Any costs incurred by the Association to repair damage caused by a pet shall be levied against the applicable Condominium Unit and collected as an Individual Purpose Assessment in accordance with Article IX, Section 7 of the Declaration.
Section 4.4. Restraint of Pets. No pets of any kind shall be tied, secured, restrained or chained to any fences, parked vehicles, trees or other stationary fixtures, structures or objects on the Community t. No pets of any kind shall be allowed on balconies, patios or decks, whether restrained, tied, chained or loose and unrestrained and whether attended or unattended, due to the health and safety issues involved.
Section 4.5. Nuisance Behavior. Pets shall be kept under control to prevent nuisance behavior such as unreasonable noise or disturbance. Violations of this rule may be reported by the Association to the City of Westminster, Animal Control Division.
Section 4.6. Vicious Animal. Any Vicious Animal shall be prohibited from being kept or boarded in any Condominium Unit.
Section 4.7 Club House and Pool. No Pet shall be allowed in the Association clubhouse or in the pool area. The only exception are registered “working animals” such as, but not limited to, Seeing Eye dogs.
Section 5. 1. Dumpsters. All trash must be placed within the dumpsters. Please walk into the dumpster enclosures to ensure the trash is placed in the dumpsters. No objects are to be thrown over the dumpster enclosures. Household garbage bags MUST be sealed and boxes MUST be broken down. The Association is charged an additional fee by the trash hauling company for trash placed and/or thrown next to the dumpster, This additional fee shall be chargeable against the applicable Condominium Unit and collected as an Individual Purpose Assessment in accordance with Section 9.14 of the Declaration.
Section 5.2. Prohibited Items. Construction waste, business waste, or other types of non-residential waste are prohibited from being placed in or near the Association’s Dumpsters. No large items, such as couches, appliances, mattresses, box springs or any item that is larger then a 33-gallon trash bag may be placed in the dumpsters. Owners of these items must arrange to have such items hauled away at their own expense.
Section 5.3. Hazardous Materials. No hazardous materials may be placed in trash bags or the dumpsters at any time. Each Owner and Related User is responsible for disposing of hazardous materials in accordance with applicable law.
Section 5.4. No Littering. No trash, ashes, refuse, debris, cigarettes or other litter shall be deposited or left on the Common Elements, on the walkways or in the Common Parking Areas except in trash depositories provided therefore.
Section 5.5. Rubbish and Debris. No rubbish or debris of any kind shall be placed or permitted to accumulate upon any Condominium Unit, Limited Common Element or property located within the Community and no odors shall be permitted to arise therefrom so as to render any such Condominium Unit, Limited Common Element, or property or any portion thereof unsanitary, unsightly, offensive or detrimental to any other property.
VEHICLES AND TRAFFIC POLICIES
Section 6. 1. Speed Limit. The speed limit on all Association property is 15 miles per hour.
Section 6.2. Inoperable/Abandoned & Stored Vehicles. Inoperable/Abandoned & Stored Vehicles are prohibited. All such vehicles will be towed without notice at the vehicle owner's expense. Such expense may be assessed against the applicable Condominium Unit and collected as an Individual Purpose Assessment in accordance with Section 9.10 of the Declaration.
Section 6.3. Parking Restrictions. Vehicles parked in designated fire lanes, blocking fire hydrants, parked in front of other Units garages or parked in handicap zones without proper vehicle signage will be towed away without notice at the vehicle owner's expense. Such expense may be assessed against the applicable Condominium Unit and collected as an Individual Purpose Assessment in accordance with Section 9.10 of the Declaration.
Section 6.4. Commercial Vehicles. Parking of commercial vehicles or trucks on any roadway, paved surface or Common Parking , Area within the Community is prohibited except while temporarily engaged in transport or delivery to or from a Condominium Unit. Such vehicles engaged in transport or delivery may be temporarily parked between the hours of 7:00 AM and 8:00 PM on any single day after which time they must leave the Community. Such vehicles engaged in transport or deliveries are prohibited from parking upon unpaved areas of the Common Elements or those paved areas not intended for vehicle parking. For the purposes of this section, a 3/4 ton or smaller vehicle with a factory installed pick up body, commonly known as a pick up truck, shall not be deemed to be a commercial vehicle or truck. Trucks supplied to an Owner or Related User by his/her employer for use in the performance of the Owner or Related User's job must be used on a daily basis and may not exceed 3/4 ton. Vans over 3/4 ton, Recreational Vehicles (RV's), boats and trailers may not be parked on the Community and this prohibition includes and extends to the parking of such vehicles inside of garages.
Section 6.5. Motorcycles. Motorcycles are required to always use/employ a block or blocks of wood of an adequate size to be placed under the kickstands in order to prevent damage to asphalt surfaces.
Section 6.6. Vehicle Repairs. Repair work on vehicles parked on the Common Elements, including the General Common Elements and Limited Common Elements, including Parking Areas, is prohibited. Repair work is defined to include, but is not limited to, all repair and/or maintenance activities such as power washing, use of power tools, anything in which automobile fluids are involved such as oil or antifreeze, transmission work , body repair, etc. Vacuuming, hand washing, hand buffing and hand waxing of vehicles are permitted.
Section 6.7. Garage Doors. Garage doors must be kept closed at all times except when in use or for temporary purposes and in such case must not be left unattended,
Section 6.8. No Liability of Association for Parked Vehicles. The Association is not responsible for any loss or damage to vehicles or the contents of such vehicles that occur while said vehicles are parked at the Community.
Section 6.9. No Playing in Parking Areas. Playing in the parking/driveway areas and Common Parking Areas is strictly prohibited.
Section 6.10. Compliance with Law. All Persons will comply with local and state laws on the roads, driveways and parking aprons of the Community.
Section 7. 1. Notice of Lease. Owners MUST inform the Managing Agent, which is currently Management Specialists, Inc. 390 Interlocken Crescent, Suite 500., Broomfield, Colorado 80021, Phone: (720) 974-4134, when leasing their Condominium Units. All leases must be in writing, and Owners must supply the Managing Agent with their address and phone number, the tenant's name(s), phone number and the unit address and a copy of the lease prior to the effective date of the lease. Owners shall give the Association a copy of any amendments to or extensions of a lease.
Section 7.2. Lease Provisions. All leases shall provide that the terms of the lease and tenant's occupancy of the Condominium Unit shall be subject in all respects to the provisions of the Declaration, the Articles, By Laws, and rules and regulations of the Association, and that any failure by the tenant to comply with any of the aforesaid documents, in any respect, shall be a default under the lease. Owners leasing their Condominium Units shall be responsible for distribution of these Rules and Regulations to all tenants occupying said leased units.
Section 7.3. Owner Responsibility. Owners are responsible for any expenses incurred by the Association due to acts of their tenants. Any expenses or fines incurred by a tenant shall be assessed against the applicable Condominium Unit and collected as an Individual Purpose Assessment in accordance with Section 4.16 of the Declaration.
Section 7.4. Minimum Lease Term. No lease shall be for a term of less than six (6) months.
SWIMMING POOL RULES
Section 9. 1. Assumption of Risk. All Persons using, the pool or pool area do so at their own risk. Neither the Association nor the Managing Agent will be responsible for any occurrence, accident or injury in connection with such use. A competent swimmer should accompany all non swimmers. NO LIFEGUARD WILL BE ON DUTY and all Persons SWIM AT THEIR OWN RISK.
Section 9.2. Permitted Users. Only Owners and Related Users with proper identification may use the pool facilities. The maximum number of guests allowed will be four (4) per household. An Owner or Related User must accompany all guests. Owners and Related Users are responsible for all actions of their guests. Unauthorized Persons found in the pool area are subject to prosecution for trespassing.
Section 9.3. Right to Revoke Privileges. After notice and hearing the use of the pool may be revoked for misuse or reasons of misconduct as determined by the Board of Directors.
Section 9.4. Pool Hours. The pool will be open daily during the summer swimming season.
Section 9.5. No Reservations. Due to the short swimming season, any one Person or group may not reserve the pool at any time, except for official Association functions approved by the Board of Directors.
Section 9.6. Maintenance and Repair. The pool may be closed at any time for maintenance, repair or other operations at the discretion of the Managing Agent as approved by the Board of Directors. The pool will be closed at such time as it is regularly cleaned and serviced. Every attempt will be made to perform such activities during the morning hours so as not to interfere with normal pool use.
Section 9.8. Noise and Disturbance. Excessive noise, abusive or offensive Language and/or disturbance of others are prohibited and may result in the loss of pool privileges.
Section 9.9. Use of Pool. For safety reasons and due to the fact that there is no lifeguard on duty, children under twelve (12) years of age are not permitted in the pool or enclosed pool area unless accompanied by a responsible and reliable person over the age of 15 who assumes full and complete responsibility for the safety of such children and who remains with the children the entire time that they are within the enclosed pool area.
For safety reasons, nobody is allowed in the pool unless at least one other responsible and reliable person capable of assistance in the event of injury or incapacity is present.
Parents, whether or not they are at the pool, are responsible for the safety and behavior of their children.
Section 9.10. Safety and Health Rules.
(a) All beverages, food or refreshments brought into the enclosed pool area must be in paper, metal or plastic containers. No food and/or beverages shall be consumed while in the pool itself. All such containers must be removed from inside the pool fence or the area surrounding the pool and placed in the Association dumpsters or taken back to the Owner’s or Related User’s Condominium.
No glass containers or glass objects will be permitted at any time inside the pool fence or the area surrounding the pool.
(c) No smoking is allowed within the enclosed pool area.
(d) Refuse of any kind must be removed from inside the pool fence or the area surrounding the pool.
(e) All swimmers must shower before entering the pool.
(f) No pets of any kind, except guide, assistance, or service dogs in the performance of their duties, are allowed in the pool area at any time, nor may they be tied or secured to the fence enclosing the pool area.
(g) Only lounge chairs and similar chairs designed for use at a pool and wheelchairs are permitted in the pool area.
(h) Persons with excessive sunburn, open sores, any infectious disease, sore or inflamed eyes, colds, nasal or ear discharge, or any communicable disease of any kind, as well as band aids or bandages of any kind will not be admitted to the pool.
(i) Spitting in the water and similar unhygienic actions are prohibited.
(j) Diving is not permitted.
No swimming is allowed during thunderstorms.
The Pool Gate must be kept locked at all times. Do not prop the gate open.
(m) Additional regulations required by the State of Colorado Department of Health and the City of Westminster, Colorado are incorporated herein by reference.
Section 9.11. Radios and Televisions. Transistor radios, record players or television sets may be played within the enclosed pool area provided they are played at a very low volume so as not to disturb others.
Section 9.12. Attire. Appropriate swimsuits only must be worn in the pool. Street clothes; e.g., jeans, cutoffs, undergarments etc., are not considered appropriate swimsuits. Persons who are not toilet trained or who are incontinent may not use the pool.
Section 9.13. Immediate Expulsion. The following conduct shall constitute sufficient reason for immediate expulsion from the pool area:
(b) Excessive yelling, screaming or foul language.
(c) Dunking or excessively rough play.
(d) Infraction of any of the above listed pool rules or any posted pool rules,
CLUB HOUSE RULES
Section 10.1. Assumption of Risk. All Persons using, the clubhouse do so at their own risk. Neither the Association nor the Managing Agent will be responsible for any occurrence, accident or injury in connection with such use.
Section 10.2. Permitted Users. Only Owners and Related Users with proper identification may use the clubhouse. An Owner or Related User must accompany all guests. Owners and Related Users are responsible for all actions of their guests. Unauthorized Persons found in the pool area are subject to prosecution for trespassing.
Section 10.3. Right to Revoke Privileges. After notice and hearing the use of the clubhouse may be revoked for misuse or reasons of misconduct as determined by the Board of Directors..
Section 10.4. Maintenance and Repair. The clubhouse may be closed at any time for maintenance, repair or other operations at the discretion of the Managing Agent as approved by the Board of Directors. The clubhouse will be closed at such time as it is regularly cleaned. Every attempt will be made to perform such activities during the morning hours so as not to interfere with normal use.
Section 10.5. Noise and Disturbance. Excessive noise, abusive or offensive Language and/or disturbance of others are prohibited and may result in the loss of clubhouse privileges.
Section 10.6. Safety and Health Rules.
(a) Refuse of any kind must be removed from the clubhouse and placed in the Association dumpsters or taken back to the Owner’s or Related User’s Condominium.
(b) No smoking is allowed within the clubhouse.
(c) No pets of any kind, except guide, assistance, or service dogs in the performance of their duties, are allowed in the clubhouse at any time.
RULE ENFORCEMENT AND HEARING PROCEDURE
Section 10.1. The Association's Enforcement Rights. In the event of an alleged violation by an Owner or Related User of the Declaration or these Rules and Regulations, the Board of Directors shall have the right, upon an affirmative vote of a majority of Directors present at a duly held meeting at which a quorum is present, to take any one or more of the actions and to pursue one or more of the remedies permitted under the provisions of the Declaration, the By Laws, or these Rules and Regulations, including but not limited to levying and collecting fines. If, under the provisions of the Declaration, the By Laws, or these Rules and Regulations, notice and hearing are required prior to taking action or pursuing remedies, the following provisions of Article X of these Rules and Regulations shall be applicable. The failure of the Board to enforce the Rules and Regulations of the Association, the By Laws or the Declaration shall not constitute a waiver of the right to enforce the same thereafter. When a violation consists solely of failure to pay assessments, a notice and hearing shall not be required.
Enforcement procedures under these Rules and Regulations may be exercised independently of, or concurrently with, any enforcement actions undertaken by local, county, state, or federal authorities.
If the Association brings a legal action to enforce any provision hereof, the violating party shall be liable for administrative and court costs, expert witness fees, and reasonable attorney's fees and any other related expenses, all of which may be collected by the Association by levying an assessment in accordance with the Declaration.
Section 10.2. Written Complaint. A hearing to determine whether enforcement action under the Declaration, the By Laws or these Rules and Regulations should be taken shall be initiated by the filing, of a written complaint (the "Complaint") with the Board Of Directors and the Managing Agent of the Association by any Owner, the Architectural Control Committee, any officer of the Association, any member of the Board of Directors, the Managing Agent or any employee or agent of the Association. The person filing a Complaint is hereinafter referred to as the "Complainant." All Complaints pertaining to infractions of the Rules and Regulations of The Ranch Creek Villas Condominium Association must be submitted in writing addressed to the Board of Directors and Managing Agent. The Complaint must, at a minimum, include the following:
Name or identity of the individual(s) against whom the Complaint is filed. The individual(s) against whom the Complaint is filed shall hereinafter be referred to as the "Respondent" and if the Complaint is filed against a Related User, the Owner shall also be considered the Respondent and shall have all rights of a Respondent and shall receive all notices to which a Respondent is entitled as set forth herein.
(a) Unit number and building number of the Respondent and a description of the nature of the relationship, i.e., Owner, Related User, etc.
(b) Identification of the Rule or provision of other Association documents allegedly violated.
(c) Date, time, and place of the infraction.
(d) Name, address and telephone number of the Complainant, and a brief description of the Complainant's relationship to the community (i.e., whether the individual is an Owner, Related User, etc.)
Section 10.3. Notice of Complaint. Upon receipt of a Complaint, the Board or Managing Agent shall notify the Respondent that a Complaint has been filed and that the Respondent has the right to submit a written request for a hearing. The notice shall be sent via regular mail to the last known address of the Respondent. A copy of the Complaint shall be delivered with the notice.
Section 10.4. Request for Hearing. The Respondent may request a hearing by hand delivering or mailing such request to the Board of Directors or Managing Agent within 15 days of the date of service of the Complaint upon the Respondent. The Respondent shall be entitled to a hearing on the merits of the matter if the request for hearing is timely filed with the Board of Directors or the Managing Agent. The Board may also hold a hearing on its own motion.
Section 10.5. Notice of Hearing. Upon receipt of a timely request for hearing or upon its own motion, the Board of Directors shall serve a Notice of Hearing on all parties at least 10 days prior to the hearing. The hearing shall be held no sooner than 30 days after the Complaint is mailed or delivered to the Respondent.
Section 10.6. Complainant Responsibility. When the matter is set for a hearing, the Complainant will be notified that he/she must either 1) attend the hearing to give testimony or, 2) provide a signed written statement providing the details of the alleged violation [including the date(s), time(s) and location(s) of the occurrence(s), and the names/telephone numbers/addresses (if available) of other witnesses] and answers to specific questions asked by the Board, or the Complaint will be dismissed.
Section 10.7. Hearing. The following procedures will be followed at the hearing:
(a) The Board will describe the specific Declaration paragraphs, Rules or Regulations that have allegedly been violated, including the date and place of the violations.
(b) The Respondent shall be asked to admit or deny the charge. The Respondent may but need not be represented by counsel. As an alternative, in lieu of actual attendance at the hearing, the Respondent may respond in writing and explain to the Board why the Complaint should be dismissed. In order to be considered by the Board any such response must be filed no later than ten (10) days prior to the date of the hearing. The Board will consider any such timely filed response during the hearing.
(c) A Respondent that denies the charge shall state why the Complaint should be dismissed.
(d) No Complaint shall be found valid unless evidence is presented at the hearing, which proves that the specific violation occurred.
(e) The Respondent shall have the opportunity to question each witness against him at the time those witnesses testify.
(f) After all of the complaining witnesses have been heard, the Respondent shall have the opportunity to make a rebuttal statement to the testimony given or to provide a general statement of position.
(g) The Respondent shall be permitted to present his own witnesses and the Complainant or members of the Board shall be able to further question the witnesses who testify in support of the Respondent.
(h) When all witnesses have been heard, the Board shall discuss the Complaint in private and then vote by secret written ballot upon the matter with a majority of the Board controlling. The result of the vote shall be announced to all those who have attended the hearing.
Section 10.8. Action Without a Hearing. If no hearing is requested, the Board will discuss the Complaint at a meeting of the Board considering all aspects, causes, seriousness and/or extenuating circumstances. The discussion may be in executive session. The presence of a quorum of the Board will be necessary to vote on the action the Board chooses to take.
Section 10.9. Board Options When Rendering a Decision on a Complaint. The Board shall have the following five (5) options from which to choose when rendering a decision on any complaint:
(a) Dismiss the Complaint; or
(b) Find that the Complaint is valid and impose a fine or other remedy (i.e. suspension from the pool facilities); or
(c) Find that the Complaint is valid, delay imposition of the fine and hold the matter in abeyance until the expiration of a one (1) year period of time from the date of the hearing, during which the Respondent, who has violated the Rules and Regulations, must not be found by the Board to have committed any additional violations of any kind. At the expiration of the one (1) year time period if there are no violations of any kind, the original violation will be noted in the Respondent's file but the fine will be dismissed and will not be assessed against the Respondent. If during, this one (1) year period the Respondent is found by the Board to have any additional violations of the Rules and Regulations or Declaration, then the original fine will Immediately become an assessment obligation of the Owner; or
(d) Delay the hearing until further information or documentation is received by the Board; or
(e) Postpone the hearing until the next regularly scheduled Board meeting.
Regardless of which action the Board chooses to take, the Complainant and the Respondent will be notified in writing of the action (including a brief statement of the reason why the Board chose to proceed in the manner described in the notice).
Each violation shall be considered a subsequent violation if it occurs within one year of the date of the last violation of the same Rule, Regulation or provision of the governing documents by the same Owner or Related User.
Section 10.10. Fines. In the event that the Board determines to impose a fine such fine shall be in accordance with the following schedule:
(a) First Offense Written Notice of the offense is sent to the Owner
(This is what we call a Courtesy letter and the Owner is given 14 days to correct the violation.)
(b) Second Offense Written Notice of the offense is sent to the Owner in the form of a fine warning.
(This is a Fine Warning Letter stating that the violation still exists and a fine of $25.00 will be assessed to the Owners account if the violation is not corrected within a 10 day time period. They can appeal to the Board if they feel the charges/fine situation is in error.)
(c) Third Offense Written Notice of the offense is sent to the Owner in the form of a fine Assess.
(This is a Fine Assess letter stating that the violation still exists, a $25.00 Fine has been added to the Owners account and to encourage a more immediate response addition fines of $50.00 per week will be added to the Owners account until the violation is corrected. They can appeal to the Board if they feel the charges/fine situation is in error.)
All offenses of the Owner or Related User shall all be attributable to the Owner. All fines shall be levied and collected as assessments as more fully set forth in the Declaration.
All decisions reached by the Board concerning violations of these Rules and Regulations shall be final.
THE BOARD OF DIRECTORS RESERVES THE RIGHT TO MAKE ADDITIONAL RULES AND REGULATIONS OR TO REVISE THESE RULES AND REGULATIONS AS MAY BE REQUIRED FROM TIME TO TIME. SUCH ADDITIONAL AND/OR REVISED RULES AND REGULATIONS SHALL BE IMMEDIATELY BINDING ON ALL OWNERS AND RELATED PARTIES UPON PUBLICATION THEREOF.
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President Date Secretary/Treasurer Date