PALM VALLEY COMMUNITY CENTER ASSOCIATION, INC.

an Arizona non-profit corporation 

RULES & REGULATIONS

March 1, 2003

Amended February 12, 2007 

I.                   INTRODUCTION 

The Rules of PALM VALLEY COMMUNITY CENTER, an Arizona non-profit corporation (the "Association"), are established by the Board of Directors of the

Association under the authority described in the Declaration of Covenants, Conditions and Restrictions for PALM VALLEY COMMUNITY CENTER ASSOCIATION (the "Declaration").

The Articles of Incorporation of PALM VALLEY COMMUNITY CENTER ASSOCIATION, Bylaws of the PALM VALLEY COMMUNITY CENTER ASSOCIATION, Declaration of Covenants, Conditions and Restrictions for PALM VALLEY COMMUNITY CENTER ASSOCIATION (the “Declaration"), as the same may be amended and supplemented from time to time (collectively referred to as "Governing Documents"). Unless the context otherwise requires, all capitalized terms used but not otherwise defined in these Rules shall have the meanings ascribed to them in the Master Declaration.  

The term "Member" as used herein shall not include Owners of Excluded Lots that have not delivered to the Association an Annexation & Consent Declaration.  The term "Resident" as used herein shall include the licensees and lessees of any Member, together with any other person or parties holding any interest (in possession) granted by such Member.  These Rules are designed to assist the Association in serving the interests of the Members and Residents. These Rules are established in part to preserve the Association’s recreational facilities (hereinafter collectively referred to as "Association Facilities") of the Palm Valley Community Center for the well being, convenience, and enjoyment of the Members, Residents, and their guests. 

It must be recognized and understood by all Members and Residents that it is necessary for representatives of the Association to apply and enforce these Rules against all Members and Residents equally and that all Members and Residents have the right to enjoy the Association Facilities (subject to the terms of the Governing Documents). Members and the Residents enjoying the Association Facilities must respect the rights of others sharing in the use of the Association Facilities. Courtesy and common sense must prevail in the proper utilization of the Association Facilities. 

The use of the Association Facilities is primarily for the enjoyment of the Members of the Association and Residents. Guests or visitors are accommodated only when such accommodation does not infringe upon the convenience or right of enjoyment of the Members and Residents. While the Association will attempt to accommodate Members and Residents with special needs, the Association reserves the right to charge fees to those Members and Residents for special accommodation requests. 

This is a "living document" in that it is intended to be regularly amended as the Board feels that changes to existing Rules or the creation of new Rules are necessary.  Rights and obligations of Members and Residents with respect to Association Facilities are ultimately controlled by the Governing Documents. In the event of a conflict between any provision of these Rules and any provision of such other Governing Documents, the Governing Documents shall control. 

II.                AUTHORITY 

The Governing Documents grant to the Board the authority to make and enforce such policies, rules, and regulations as the Board deems reasonable and appropriate, including without limitation the ability to restrict the use of the Association Facilities. Such policies, rules, and regulations are adopted at the sole discretion of the Board. These Rules and any amendments and additions thereto adopted by the Board shall be binding upon all Members, Residents, and their respective guests, tenants, invitees, and licensees, and upon any other persons having use rights with respect to the Association Facilities. 

The Governing Documents provide that the Board may impose sanctions for violation of these Rules, including without limitation the following: 

1. Deactivation of Member Proxy Card (“Card”);

2. Suspension of the voting rights of a Member;

2. Imposition of reasonable monetary fines; and

3. Suspension of the right to use any of the Association's Facilities.  

The Board has established the following schedule of monetary fines pursuant to item 2 above: first notice --warning; second notices for same violation -- $25.00 fine; each successive notice for same violation --$100.00 fine. The foregoing schedule is subject to change at the discretion of the Board; furthermore, different fine schedules may be adopted for specific violations and additional penalties may be imposed in conjunction with fines.  Following notice to the person in violation and continued non-compliance with these Rules by the person in violation, the management is authorized to publish the name of such person who is not in compliance with these Rules.  

III.             MEMBERSHIP 

The Palm Valley Community Center is a “Members Only” facility.  Each Owner of a designated Lot shall be considered a Member of the Association. All Members, Residents and guests are expected to strictly adhere to the following code of conduct:

IV.     CODE OF CONDUCT 

1.       Members, Residents, and guests must conduct themselves as not to jeopardize or interfere with the rights and privileges of other Members, Residents or guests. 

2.       Members are responsible for the conduct of their Residents and guests. Residents and guests will be held to the same standard of conduct as set forth herein for Members. 

3.       Members, Residents, and guests will refrain from loud, profane, indecent, or abusive language. 

4.       Members, Residents, and guests will not harass or accost any other Member, Resident, guest, Association employee, director, or officer. 

5.                 Members, Residents, and guests will not compromise the safety of others by their actions. 

6.                 Physical or verbal abuse directed at other Members, Residents, guests, Association employees, directors, or officers, will not be tolerated. 

7.       Members will be held responsible for any damage to Association property caused by the Member and/or the Member's Residents or guests. 

8.       Members shall not reprimand or discipline any Association employee; comments and complaints are to be directed to the Board of Directors. The complaint shall be submitted in writing. 

9.       Members shall not interfere with the management of the Association; comments and complaints are to be directed to the Board of Directors. The complaint shall be submitted in writing. 

10.     Members, Residents, and guests shall obey all safety rules and shall cease and desist from unsafe activity. 

11.            Members are prohibited from profiting financially from their membership by charging Residents or guests for use of the Association Facilities. The Association may, from time to time, enter into contracts with Members to provide products or services for an approved fee. 

12.     Proper dress is required in all Association Facilities in accordance with the following basic guidelines: 

a.                 Upper body garments must be worn in all activities, except males using aquatic facilities. 

b.                 Appropriate swimming attire, as determined in the sole discretion of the Facility activity director, is required in all aquatic facilities.  

c.                  Appropriate athletic attire (including, but not limited to specific footwear and/or clothing), as determined in the sole discretion of the activity director. 

13.     No pets are permitted in the facility, except for disability assisted purposes. 

14.            Any Member, Resident, or guest who conducts himself/herself in an unbecoming manner or who breaks an Association rule or regulation is subject to disciplinary action (see Article II above).

V.                MEMBERSHIP CARDS AND RULES. 

Only holders of valid Cards are entitled to use the Association Facilities. Unauthorized use of the Cards or use of false information in obtaining Cards may result, in suspension of membership privileges or other appropriate sanctions. A Card is valid only for the members in the household to whom it is issued and cannot be loaned, transferred, or assigned.   

1.     Member Proxy Cards (“Cards”) are issued after the appropriate release forms have been completed and signed.  Cards are renewed automatically on an annual basis provided all applicable assessments and other charges pertaining to the Lot have been paid in full to the Association.  

a.     No Cards shall be issued for any Lot, which is not defined as within the boundaries of the Association or through annexation into said boundaries. 

b.     Two cards shall be issued without charge to each lot owner.  Replacement cards are available at a fee currently established at $5.00 per card, as of January 12, 2007.   

c.      Any Owner who leases or otherwise transfers occupancy of his or her Lot is not entitled to receive or retain a Card.  Immediate written notice of the transfer of occupancy, accompanied by a copy of a lease/rental agreement must be provided to the Association and the Owner must surrender to the Association his/her previously issued Card(s).  The right of the lessee(s) to receive a Card(s) allocable to the subject Lot depends on the Owner's surrendering all previously issued Cards.  Each Resident is subject to the same qualifications, limitations, and conditions as specified in Sections IV.1. and IV.2. above for issuance of a Card, and is further subject to the following: 

i.                   The Owner (lessor) must be current and in good standing with the Association. 

ii.                 The right of the lessee to use Association Facilities must not have been suspended by the Board pursuant to Article II, Section 1 (a) of the Declaration. 

iii.              The lessee must deliver to the Association a copy of his/her signed lease agreement. 

iv.                The Owner (lessor) must have surrendered his/her Membership Card(s) to the Association. 

d.     Lessee Cardholders enjoy certain privileges associated with membership, but are not Members of the Association, do not have the right to vote in Association affairs or be counted in determining a quorum at any meeting of the Association, and are not entitled to be listed on the membership register. 

e.     Ballots, assessments, notices and any other items required by the Governing Documents to be given to Owner or Members will be given to the Owner of record, and are not required to be given to the lessee. 

f.       Cards will be revoked upon termination of the lease agreement. The holder of a Card is subject to sanctions for a violation of these Rules as specified in Article II above. 

2.    Card Rules: 

a.     All Cards, must be presented when requested by Association staff. 

b.     Card checks may be made by Association staff to monitor compliance with Card policy and to determine validity of all Cards. 

c.      The sponsoring Card holder is responsible for his/her guests using the Association Facilities. Members under the age of 14 visiting and/or utilizing the Association Facilities must be accompanied at all times by an adult Card holder or a responsible sponsored adult guest over the age of 18 years old. 

d.     Holders of Cards who do not identify their guests as such are in violation of these Rules and are subject to sanctions (see Article II above). 

e.     The Association Facilities are designated a smoke free environment and smoking is prohibited. 

f.       Cardholders may register for various activities and classes at the reception desk upon presentation of a valid Membership Card. 

g.     There are no refunds for any Cards. 

VI.             USE OF ASSOCIATION FACILITIES 

PALM VALLEY COMMUNITY CENTER is the site of the Association Facilities.  Located within PALM VALLEY COMMUNITY CENTER ASSOCIATION is the Multi-Purpose Room (Ocotillo West/East Rooms), Kitchen, Reception Area, Offices and Business Center, Meeting/Conference Room (Cholla Room), Activity Room (Agave Room), Patio, Swimming Pool, Tennis/Basketball Courts, Volleyball Court, Grass Area, Amphitheater, Tot Lot and Parking Lot. 

Cards and membership information can be obtained at the community center facility.  All members with current Cards have access to the facility Monday through Sunday from 6:00 a.m. to 10:00 p.m. 

All Association assessment payments are to be made payable to the “Palm Valley Community Center Association” through Associated Asset Management, 7740 North 16^th Street, Suite 300, Phoenix, AZ  85020.  Assessment payments may also be dropped during staffed hours at the Palm Valley Community Center facility. 

Currently, the community center staffed hours are: 

 The Association Management observes the following holidays and the Palm Valley Community Center will not be staffed or available for rental on these days.

1.     Meeting/Multi-Purpose Rooms (Cholla and Ocotillo Rooms): 

These rooms provide space for a variety of activities.  They will be used primarily to accommodate classes, meetings, conferences, parties, etc. by Card holders, the Association staff, and other users as set forth in more detail in Section VII, below.  To use these rooms, it is necessary to make prior reservations through the Community Center office. 

2.    Kitchen (Adjacent to Ocotillo Room East): 

The kitchen will primarily be used as a catering staging area to facilitate an area for individuals who have reserved the kitchen for a catered event. Individuals may be required to forfeit their full or partial rental deposit for extra set-up needs, cleaning, damage, etc. if the Community Center incurs additional costs.  

In addition, the following rules must be followed when using the kitchen facilities: 

a.     All kitchenware will be provided by the individual renter unless otherwise specified during the time of reservation. Any kitchenware provided by the Community Center will be inventoried and signed off by the Community Center Staff at the completion of the event. 

b.     All appliances, countertops, kitchenware, floors must be cleaned at the time the event concludes.  All kitchenware must be replaced to the original location prior to departure. 

c.      The refrigerator may only be used with an event reservation for the Kitchen. All items must be removed from the refrigerator upon conclusion of the event.  

d.     All appliances, with the exclusion of the dishwasher and the refrigerator, are not available for use with a rental of the Kitchen.  All food must be cooked off-site and brought in the appropriate containers if warming of food is needed. 

3.    Activities Room (Agave Room): 

The Activities Room provides space for a variety of activities including various card games, board games and television.  The door to this room must remain open during use, as the room cannot be used exclusively without formally renting the room. 

a.     Pool Table: The pool table in the Activities Room will be used on a first come, first serve basis. There will be a time limit of 1 hour if other members are waiting.   

b.     Video Games/Board Games: Video games and board games are available for use at the Community Center and may be checked out during staffed hours at the front desk to all members age 14 years and older.   

c.      Television: The television volume and channel can be changed to accommodate members in the Activities Room. In the event that there is a difference of opinion regarding the volume or channel the community center staff will need to be consulted for a final decision. 

4.    Offices/Business Center: 

The Office/Business areas provide all members the use of a copy and fax machine.  All outgoing local faxes and incoming faxes are free to valid members.  Copies will  be charged per page fees, after the first 20 copies, at a cost of $ .05 per page, or as may be established from time to time by the Board of Directors. 

5.    Swimming Pool: 

The swimming pool is part of the Association Facilities, and members and their sponsored guests may use the swimming pool.   The swimming pool cannot be rented for private events. 

Use of the swimming pool area is at the user's own risk.  Lifeguards are not provided and Community Center Staff are not required to be CPR certified.  

All Members and Guests are required to follow the following rules: 

a.     Cardholder or Member guests must be limited to 6 guests per member household, unless prior arrangements have been made with the Community Center Coordinator. 

b.     All Membership Card holders and Guests are required to register at the reception desk prior to entering the swimming pool area. Cards must be presented and in possession at all times 

c.      Children under 14 years of age are not allowed in the swimming pool area without adult supervision.  In addition, Children who cannot swim are not permitted in the swimming pool, unless a parent or guardian is in the swimming pool with the child. 

d.     Children not yet toilet trained and/or in diapers are not allowed in the swimming pool unless they are wearing an approved swim diaper or plastic pants.  Regular or non-swim diapers are not permitted in the pool. 

e.     Absolutely no pets are allowed in the swimming pool area. 

f.       All swimmers are required to shower, using the facility showers, prior to entering the swimming pool. 

g.     Appropriate swimming attire must be worn at all times. 

h.    Running, horseplay or diving into the swimming pool is not permitted. 

i.       Loud or foul language and loud sound-producing equipment will not be permitted in swimming pool area. 

j.       For safety reasons, chairs, lounges, tables, and other items which could obstruct or interfere with access to and from the swimming pool gate(s) will be restricted to specific locations in the pool area. 

k.     Food or beverages may not be consumed in the swimming pool. 

l.       Glass containers, chewing gum, tobacco and illegal substances are not permitted. 

m.  Over-sized inflatable or flotation devices, including without limitation automobile inner tubes, air mattresses, surfboards, floating chairs, etc., are not permitted in the swimming pool. 

n.    For safety reasons, during rain, thunder, and lightening storms or other inclement conditions, the Association staff may clear and close the swimming pool until they deem such inclement conditions have passed. However, the Association staff is not responsible for monitoring weather conditions, and each person in the pool area should immediately exit the pool area if lightening or thunder is observed. 

o.     Any person with an infection, communicable disease, etc., is prohibited from using the swimming pool facilities. 

p.     Any person failing to abide by stated policy or safety rules as stated herein and/or as posted will be asked to leave the swimming pool area. 

q.     All trash and/or food items must be properly disposed of or removed prior to leaving the swimming pool area. 

6.     Volleyball & Tennis/Basketball Courts: 

The Palm Valley Community Center has combined tennis and basketball court facilities.  The courts are located on the eastern boundary of the Community Center.  There are two regulation sized tennis courts and one half-court basketball court.  The volleyball, tennis and basketball facilities will be operated on a first come first serve basis. 

a.     Tennis/basketball court availability is on a first come first serve basis.  When others are waiting to play, playing time is limited to one (1) hour. 

b.     Members must sign-out the tennis/basketball court key at the front desk at the beginning of play then return and sign-in the key at the front desk when finished. 

c.      The courts are for tennis or basketball only.  No roller-blading, hockey, or skate boarding is permitted on the courts. 

d.     ABSOLUTLEY, NO HANGING ON THE BASKETBALL RIM. 

e.     Tennis Shoes must be worn.  No bare feet, flip-flops, skates, roller blades, or sandals are allowed. 

f.       An adult, over the age of 18 years old must accompany children under 14 at all times. 

g.     Food and glass containers are prohibited on the tennis and basketball courts. 

h.     PLEASE DO NOT ADJUST THE VOLLEYBALL, TENNIS OR  BASKETBALL NETS.  

i.       No pets allowed. 

j.       Keep courts clean; use the trash receptacles. 

k.     Adhere to posted rules. 

l.       DO NOT CLIMB THE FENCE. 

VII.          GENERAL RULES 

1.     Bulletin Board Policies: 

The Association has provided a bulletin board in the Association Facilities that can be used for posting social and community activities.  All announcements, notices, pictures, writings, or other items of any kind must by approved by the Community Center before being posted on any Association Bulletin Board. Please check with the Community Center staff prior to posting any item.   

2.     Room Scheduling Policies: 

In order to accommodate the large number of Member/Cardholders, who utilize the Multi-Purpose Room, it is necessary to properly schedule activities.  Use of the Multi-Purpose Room without prior notice and approval is prohibited. The room schedule is established and maintained by the Community Center Coordinator and requests for room reservations should be directed to that office.  In establishing schedules, the Community Center adheres to the following policies and stated priorities: 

a.     Association's Board of Directors and Board Committees: 

Any meeting of the Association’s Board of Directors or committees of the Board has priority over all other meetings.  Notices of these meetings will be posted on appropriate Association bulletin board(s). 

b.     Special Events and Meetings: 

The Community Center Coordinator will schedule all community special events, classes, and meetings sponsored by the Association.  These events will be posted in an appropriate manner. 

c.      Private Parties: 

Both Community Center Members and Non-Members may reserve rooms in the facility for a private event after executing a room reservation contract, subject to approval of the Community Center Coordinator. The Community Center Coordinator will determine room availability. A private function may be prohibited if, in the judgment of the Community Center Coordinator or Board of Directors, such event would be inconsistent with the general use and of the Association Facilities. 

d.     Unscheduled Activities: 

Use of a meeting space for members without a reservation may be accommodated at the discretion of the Community Center Coordinator on a first-come first-serve basis, provided all such events are in accordance with all Association policies and procedures. The Association reserves the rights to interrupt, terminate, or reschedule any activities. 

3.     Room Charges: 

Association sponsored events will not be charged for the use of Association Facilities.  For all other facility rental information, including rental charges, individuals must refer to or consult the most current Palm Valley Community Center Room Rental Agreement. 

4.     Alcohol:  

Persons serving alcohol within rented rooms assume sole responsibility for any liability that may arise in connection with the service or consumption of alcohol.  For events where alcohol is being offered, two policeman must be hired for the full duration of the function.  Non-hosted bars require a permit from the City of Goodyear. 

5.     Use by the Board of Directors: 

Certain rights with respect to use of Association Facilities have been granted to the Board of Directors, including without limitation the right to reserve rooms for special functions, subject to availability. 

6.     Association Rights: 

Association reserves the right, at all times, to deny, adjust, cancel, reschedule, or move meeting space as deemed necessary.

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Last modified: 10/10/08