RULES, REGULATIONS AND GENERAL INFORMATION
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 into Wintergardens. No person under eighteen (18) years of age shall become a resident of any space.
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
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. Also, do not wash your car or 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.
No advertising signs of any kind can be displayed in the yards or on the unit. FOR SALE signs of unit can be displayed in the window only during the winter season.
ALUMINUM CANS AND NEWSPAPERS
Aluminum cans may be placed in Habitat barrels inside the fenced area by the dumpsters. Newspapers should be placed in garbage cans in the dumpster area. Cardboard boxes should be broken down before placement in the dumpsters.
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/renters if the appearance of their unit or space needs improvement.
Bicycles 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 is available at each space. Satellite dishes are allowed if they do not average more than 24 inches in diameter and are attached to the unit.
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.” Rules are included in this booklet for shareholders. Additional copies are available in the office.
CLUBHOUSE EQUIPMENT AND FURNITURE
Clubhouse equipment, furniture, kitchen, and reverse osmosis water are not for personal 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 The last people leaving the Clubhouse at night after any activity are responsible for turning off lights, fans, and locking all three doors.
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 is made available through the Co-op for units not service directly by APS. In addition to the cost of each kilowatt used, a service fee established by the Board) is charged 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)
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 must be left in the office for emergencies.
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.
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.
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 direction when dealing with construction or remodeling waste, regardless of the necessity for C.V.C. 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.
RVs must enter and exit on 8th Street. The entrance gate to the park is closed daily. Check with office for gate times.
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 in-house 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 with commercial skirting within sixty days from time of installation on space. No overhauling of vehicles 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. Shareholder will be notified of the charge for maintenance. 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 requests are to be approved by the Park Manager. Residents should allow the caretaker to finish his work in a timely manner.
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 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).
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.
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 or rentals in the off season without Board approval.
PALM, FICUS AND FRUIT TREES
Each space must have at least one palm tree which is the park’s responsibility. Palm and Fiscus 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 on the west wall of shed. Borrowed tools or equipment should be returned immediately after use. Take good care of equipment and call park employee’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.
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 are not allowed in the park.
Pool players are advised that scheduled activities take precedence over unscheduled activities unless permission is received from the
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 may not be filled 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, skate boards or roller skates may be used only on asphalt streets in the park. The Co-op is not responsible for any accidents or injuries.
RV AND TRAILER STORAGE
Between May 1 and September 30, parking of RVs, utility trailers, boats, campers, dune buggies, jet skis, etc. is allowed on shareholders’ spaces. From October 1 through April 30, such vehicles and equipment shall be removed from the park.
The Activities Committee is responsible for scheduling all activities in the clubhouse and common areas of the park. A schedule of activities is posted on the bulletin board. Scheduled activities take precedence over other activities unless permission is received from the Activities Committee.
Sewer service is provided to Wintergardens Co-op by the City of Yuma, Arizona.
Sewer leaks and odors are unacceptable, deemed a nuisance, violate the health and welfare of the shareholders and other Park residents, are in violation of these Rules and Regulations, and will be abated as necessary.
Manufactured/Mobile homes and Park Model homes are by designed hooked directly to the sewer system. Recreational Vehicles, by design, are connected to the sewer system by means of a hose connected to valves and holding tanks. These tanks, gray for dirty water from kitchen sink, bathroom sink and shower, and black for toilet, with connecting valves and hoses, lends itself more to spills and odor if not properly cared for.
All RVs brought into Wintergardens Co-op shall have tanks, valves, hoses, and connectors in good operating condition. It is the responsibility of each RV owner AND each shareholder who uses their space as a residence or rental to know and enforce compliance herewith. Shareholders will inform sub-lessees of these requirements and monitor compliance.
A separate sheet of instructions is attached as Appendix 3
No shareholder or joint shareholders may own more than three shares at one time.
SHAREHOLDER’S RIGHTS AND PRIVILEGES
If shareholder’s space is sublet all shareholder’s rights and privileges are transferred to the Lessee. Voting privilege are not transferable.
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 in the park is 10 miles per hour. Obey the signs. Residents should drive carefully and be aware of walkers and bikers.
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 is required with any change in lessee. Such sublease must be approved and signed by a designated board member and a copy of the competed form filed in the Park office. Subleases are not allowed from May 1 through September 30 unless approved by the Board.
A Wintergardens Co-op approved Sub-Lease form is attached hereto as Appendix 2.
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 in writing to the shareholder/lessee/renter by the following method:
- Oral notification of violation by two Board members or Board representatives.
- Should oral notification (1) not result in actions acceptable to the Board, the Board of Directors shall give written notice signed by the President of the Board. Such notice shall be placed in the mail box of the space in question and shall define the nature of the violation, the action to be taken and a time limit for termination and/or correction. The Secretary of the Board shall place a copy of such notice in the records in the shareholders file with a notation of the date of such action.
- In the event that the shareholder is not in-residence notice shall be given by registered United States mail, postage prepaid.
- Unless otherwise specified by the Board, such as requiring immediate action, the time limit for termination and or correction of such a violation shall be commenced within ten (10) business days and completed within thirty (30) calendar days.
- In the event that the violation is not terminated and/or corrected within the time limits prescribed above, the Board may determine this to be a violation of the Proprietary Lease and proceed to terminate such lease under its terms (See Section XXI of the Proprietary Lease for reference).
- In the event that the shareholder disagrees with the determination of the Board, they may, within ten (10) days of delivery of the written notice provided, request a hearing before the Board.
- In the event the violation is of the provisions for sewer connections, the space and Unit shall not be occupied as a residence and, if used as a “rental” the sublease shall be deemed revoked forthwith without further action of the Board. If the Unit on the space is owned by sub-lessee the sublease shall be revoked and the Unit removed forthwith. In the event that the violation occurs prior to subletting the proposed sublease will be denied.
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, it is the shareholders’ responsibility.