| NOTE: For a complete copy of the Rules and Regulations that contains all of the appendix please request one from the Wintergardens Park Office |
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WINTERGARDENS CO-OP RULES, REGULATIONS AND GENERAL INFORMATION APPROVED APRIL 2013 by BOARD OF DIRECTORS These Rules and Regulations supersede all Previous Rules and Regulations and are binding upon all shareholders, lessees, sub-lessees, and renters. Wintergardens Co-op is a Corporation organized to own property with the intent to create a residential community for persons age fifty-five (55) or older. It is owned by its shareholders and administered by an elected Board of Directors. The right to occupancy of lots therein is created by a Proprietary Lease to shareholders and at least 80% of the units must be occupied by at least one (1) person age 55 or older. Verification of age must be provided upon entry An orientation/hospitality meeting is held periodically for all newcomers to the park. DEFINITIONS: WINTERGARDENS CO-OP/CORPORATION: Wintergardens Co-op Corporation. PARK: Wintergardens Co-op Park, 2700 West 8th St., Yuma Arizona, 85364 SHAREHOLDER/OWNER: Owner of share(s) in Corporation RESIDENT: Shareholder or Renter residing in Park IN-HOUSE GUESTS: Guests remaining overnight (as opposed to day visitors) BOARD OR BOARD OF DIRECTORS: The Board of Directors of Wintergardens Co-op. RECREATIONAL VEHICLE (RV): Referred to herein as RV and is the usual term for a Travel Trailer or Motor Home equipped with living space and amenities found in a home. The “Travel Trailer” is towed behind a motor vehicle. The “Motor Home” is self-powered. Each will have “holding” tanks for fresh water, used, or gray water, and sewage, or black water. PARK MODEL: Primarily designed for long term or permanent placement at a destination. When set up, Park Models are connected to the utilities necessary to operate home style fixtures and appliances. They are built upon a chassis but wheels and axels are removed when set in place. MANUFACTURED/MOBILE HOME: A prefabricated home built upon a chassis and transported to a home site. They are usually left there permanently although they are transportable. They are usually fitted at installation to hide the frame, axles and hitches. They can be “single” or “double” wide. UNIT: Mobile Home, Park Model or Recreational Vehicle. SPACE: A space or lot in Wintergardens Co-op Park A GOOD NEIGHBOR Be a good neighbor. Obey the rules and regulations of the park and be considerate of others. Obtain owner’s permission before parking in vacant driveways or before cutting through neighbors’ yards. Do not water your neighbor’s car or unit when watering your lawn. Do not wash your vehicle on asphalt surfaces. Also, do not allow sprinkler to spray on roadways because water deteriorates the surface. Avoid making disturbing noises before 8 a.m. or after 10 p.m., and keep your TV, radio, record player/CD turned down at all times. Cigarette, cigar, and pipe smoke are a health hazard and offensive to many people. Please be considerate of others. Use an ash tray for your cigarette and cigar butts instead of the street or plant holders. ADVERTISING SIGNS No advertising signs of any kind can be displayed in the yards or on the unit. UNIT FOR SALE of FOR RENT signs of unit can be displayed in the window only during the winter season. APPEARANCE OF THE PARK Shareholders/renters are responsible for the appearance of their units. Any problem areas should be reported in writing to the office for referral to the Board. The Board is responsible for notifying shareholders if the appearance of their unit or space needs improvement. BICYCLES/GOLF CARTS Bicycles or golf carts ridden after dark must have a light on the front and a reflector on the rear. BILLINGS AND PAYMENT Shareholders assessments are due and payable on the first day of each quarter of the year. Full annual payments are encouraged but not required. Notices will be sent when assessments are delinquent. An interest penalty will be charged. BOARD MEETINGS, ANNUAL MEETINGS, SPECIAL MEETINGS, AND SHAREHOLDER GATHERINGS Board Meetings are open meetings and are held in the Clubhouse. The time and dates of the meeting will be set at the Board Organizational Meeting in January. Meeting dates and time are posted on the bulletin boards outside the Clubhouse. (Refer to By-Laws for more information.) CABLE TELEVISION Cable television is available at each space. Satellite dishes are allowed and are to be attached to permanent units. Recreational vehicles may utilize portable dishes but must not interfere with lawn maintenance. CHANGE OF ADDRESS Office personnel should be notified of any change of address. All mail address changes are to be made by shareholders prior to departure from Yuma. Address labels must be furnished if mail is to be forwarded. CHANGES TO UNITS AND SITES Shareholders must abide by the “Rules for Shareholder Compliance-Variance Requests. Compliance/Variance includes, but is not limited to exterior construction/alternations, concrete work, changes to flower beds and lawns. WINTERGARDENS CO-OP IS NOT REPSONSIBLE FOR ANY INJURIES OR DAMAGES THAT MAY OCCUR IN THE PARK WHEN A SHAREHOLDER OR CONTRACTOR DOING THE WORK IS NOT HIRED BY THE CO-OPERATIVE. More details and an application to Compliance Variance Committee are included in appendix 4 attached. CLUBHOUSE EQUIPMENT AND FURNITURE Clubhouse equipment, furniture, kitchen, and reverse osmosis water are not for personal use. CLUBHOUSE USE No commercial use of the clubhouse is permitted without Board approval. No smoking is allowed in the clubhouse. Cleanup and replacement of tables, chairs, or other equipment is the responsibility of the last user. Parties may be held in the clubhouse with permission of the Activities Committee approval. The last people leaving the Clubhouse at night after any activity are responsible for turning off lights, fans, and locking all entry/exit doors. COMMITTEES Committees necessary to assist in the operation of the park are appointed by the Board of Directors as needed. The guidelines and rules for each committee are available in the office. CO-OP OWNED RV SPACE RENTALS Co-op RV spaces may be reserved and rented by a rental agreement in a form approved by the board and attached hereto as appendix 1. ELECTRICITY Electricity is made available through the Co-op for units not serviced directly by APS. In addition to the cost of each kilowatt used, a service fee (established by the Board) is charged for each period of use for administration. In case of an electrical problem, notify the park manager. Do not tamper with the electrical equipment outside of your unit. Shareholders are responsible for repairs or replacement costs for pedestals and all wires and equipment from the pedestal to the unit. (See Proprietary Lease, Section XIV, (a). (11-7-05) EMERGENCIES All residents and in-house guests must sign in and out at the office. This is required by Arizona State Law and is important in case of emergencies. Emergency messages received at the park office during business hours will be delivered as soon as possible. Information on next of kin should be given to the office in case of emergencies. A unit key should be left in the office for emergencies. FIRE A hose should be attached to outside faucets for use in case of fire and should be left in place year around. This hose should be long enough to reach each end of the unit. GARAGE SALES Advertised garage sales are not allowed in the park, but small individual patio sales may be held. Board approved functions such as Auction/Bake Sale and Christmas bazaar sale are exempt from this rule. GARBAGE Household garbage in tied plastic bags should be placed in dumpsters. Garbage dumpsters are for the sole use of residents and registered guests. Refer to Compliance & Variance (Appendix 4) for directions when dealing with construction or remodeling waste, regardless of the necessity for C.V application. Recycling is encouraged, with a bin located beside the garbage bins. A listing of acceptable items is attached to the bin. Please break down cardboard containers. GATE KEYS AND REMOTE GATE TRANSMITTERS All residents may obtain a key at the office with a $10 deposit and/or a remote gate transmitter with a deposit of the current cost of the transmitter. The deposit is refundable when the key or transmitter is returned. GATES RVs must enter and exit on 8th Street. The entrance gate to the park is locked daily. Check with office for gate times. GUESTS All in-house guests must be registered at the office and state their arrival and departure dates. This is required by Arizona State Law and is important in case of emergencies. Guests may not stay for more than one month during a season. Any guests occupying a unit or space in the absence of a shareholder must inform the office and have a written approval of the shareholder. When in recreation areas of the park, Day visitors and children less than sixteen years of age must be accompanied by a resident of the park. Adult overnight guests are exempt from this rule. Host residents are responsible for any damage caused by guests. LAUNDRY, SHOWERS, AND RESTROOMS Residents using the laundry must follow the rules posted in the laundry room. Restrooms and showers are located on the north end of the building. Keep them clean as you would like to find them. Hair dyeing is not allowed in the laundry room or restrooms. Laundry and showers are for residents and overnight guests only. MAINTAINING AND USING YOUR SPACE A resident is responsible for the maintenance and appearance of his/her space during the fall and winter seasons. City ordinance prohibits storage of bottles, cans, boxes, and equipment under units. Use only patio type furniture on the patio and do not dry clothes on porch railings or porch furniture. Permanently installed RV’s must be skirted within sixty days from time of installation on space. No overhauling of vehicles is allowed on any space. Wheel covers must be standard commercial covers. When residents leave in the spring, flowers must be removed. If grounds are not maintained, there will be a $50 a month charge to the shareholder for maintenance. Shareholders will be notified of any maintenance requirements. Shareholders are responsible for watering, seeding, and fertilizing their lawns with commercial fertilizer. MAINTAINING PARK SITES The park caretaker provides mowing service year-round. Any special maintenance or mowing requirements are to be approved by the Park Manager. Residents should allow the caretaker to finish his work in a timely manner. MAIL SERVICE Mail is delivered to and picked up from the park office and is distributed to shareholders’ and renters’ mailboxes by office personnel. Mail box keys are available at the office. Mail is available after the mail flag is raised in front of the building. OCCUPANCY OF LIVING UNITS Full-time occupancy of a unit or space is limited to two adult persons and not more than one unit on a space may be used for living or sleeping quarters at any given time. Exceptions may be granted with Board approval. (Refer to Proprietary Lease Section X). OFFICE FILES Office files are considered confidential and are accessible only through the Office Manager. Shareholder files are confidential and are accessible only through the Board President or Board Secretary. OFFICE TELEPHONE The business office telephone may not be used for private calls by park residents. Charges will be made for using copy and fax machines. Only office personnel will operate the equipment. OFF SEASON AND SEASON Season runs from October 1 to April 30. “Off season” is May 1 to September 30. There will be no sub-leases in the off season without Board approval. PALM AND FICUS TREES Each space must have at least one palm tree which is the park’s responsibility. Palm and Ficus trees are trimmed commercially and are the responsibility of the Co-op. Permission of the board is required for removal, replacement, or planting of all trees. PARK DIRECTORY AND PARK BROCHURE A park directory is updated and printed each year and is available in the office. A park brochure is also available. PARK TOOLS AND EQUIMENT Any park tools removed from park maintenance shed, Space # 177, must be signed out on the clipboard located in the shed. Borrowed tools or equipment should be returned immediately after use. Take good care of equipment and call park manager’s attention to malfunctioning equipment you may have used. Equipment such as mowers, blowers, trimmers, and power washer are not to be used by shareholders. Commonly used tools should be supplied by the shareholders. PARKING Except for 48-hour parking allowed for loading and unloading RV’s, overnight parking on streets is not allowed. Do not park in front of the Clubhouse, block driveways, or leave your engine running when vehicle is parked. Exhaust fumes are a health hazard. Vehicles parked on spaces must not extend into the street. Residents vehicles may not be parked in visitor parking spaces overnight unless an in-house guest is utilizing that resident’s regular parking area. If an RV is the resident’s only mean of transportation, it may be parked on a space on which a unit is already situated. Residents with two or more vehicles must make their own arrangements for adequate off-street parking. PETS Pets are not allowed in the park. POOL TABLES Pool players are advised that scheduled activities take precedence over unscheduled activities unless permission is received from Activities Committee. Guests under sixteen must be accompanied and monitored by a resident. POOL AND HOT TUBS Pool and hot tubs are limited to residents and guests. Exceptions require Board approval. Rules relating to swimming pool use are posted in the pool area and must be adhered to. Swimming hours for children less than 16 years of age are from 12 noon until 2 p.m. and 5 p.m. until closing time. Children must be supervised by a park resident at all times – no exceptions. Children under 12 years of age are not allowed in the hot tubs. The pool and hot tubs will be opened following morning cleaning and closed at 9 p.m. Individuals may volunteer to close the pool later. The Co-op is not responsible for accidents or loss resulting from the use of the pools. PROPANE TANKS Propane tanks may not be filled or replaced in the Park. Residents and renters are responsible for making their own arrangements to have their propane tanks filled and/or upgraded. ROLLER BLADES OR ROLLER SKATES Roller blades or roller skates may be used only on asphalt streets in the park. The Co-op is not responsible for any accidents or injuries. SHAREHOLDER’S RIGHTS AND PRIVILEGES If a shareholder’s space is sublet all shareholder’s rights and privileges are transferred to the Lessee. Voting privileges are not transferable. SUFFLEBOARD Soft-soled shoes must be worn when playing shuffleboard. Rules for use of the shuffleboard courts are posted on the door of the shuffleboard shed. SPEED LIMIT Speed limit in the park is 10 miles per hour. Obey the signs. Residents should drive carefully and be aware of walkers and bikers. SUBLEASE AGREEMENTS When a unit or space is subleased, an approved Sublease form must be used, and notwithstanding agreements, if any, of the parties for a longer term, MUST be renewed annually and submitted for board approval, together with the required administrative fee. A new sublease and applicable fee are required with any change of lessee. Such sublease must be approved and signed by a designated board member and a copy of the completed form filed in the Park office. Subleases are not allowed from May 1 through September 30 unless approved by the Board. TELEPHONE SERVICE Residents are responsible for making their own arrangements for telephone service to individual spaces. Red emergency phones are located in the clubhouse and on the outside wall near the kitchen and pool area. Emergency phone use is limited to emergency calls (911) and urgent park business. Phones are not to be used for social calls. VIOLATIONS OF CO-OP RULES AND REGULATIONS Notice of violation of Co-op Rules and Regulations will be given to the shareholder or renter by the following method:
WATER Wintergardens Co-op receives water from both the canal and the city. City water is not to be used for irrigation. All sprinklers are to be connected to canal water. The park faucets for irrigation will be painted orange. The water line up to the outside shutoff valve is the park’s responsibility. From the shutoff valve through the unit, including sprinkler systems, if any, it is the shareholders’ |