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Resolution - Fee (Ammenity)

May 22, 2012
Resolution - Fee (Ammenity)
  • AQUIA HARBOUR PROPERTY OWNERS ASSOCIATION, INC.
    POLICY RESOLUTION NO. 08-04
    (Concerning Marina, Pool and Golf Course Membership Classes)

    WHEREAS, the By-Laws provides the Board with the powers and duties to manage the affairs of the Association, including the power to adopt Resolutions which establish classes of membership within the Association; and

    WHEREAS, the Association issues pool and golf course memberships to and enters into lease agreements for the Association’s boat slips with certain applicant individuals who are resident lot owners, non-resident lot owners, tenants and resident family members of lot owners (collectively referred to as “applicants”); and

    WHEREAS, the Board has determined that it is in the best interest of the Association to clarify the classes of applicants and their respective rights and obligations pursuant to their pool and golf course memberships, as well as their boat slip lease agreements; and

    NOW, THEREFORE, BE IT RESOLVED THAT the Board of Directors hereby adopts the following:

    I. POOL AND GOLF COURSE MEMBERSHIPS
    a. Only the following individuals are eligible to apply and obtain a membership to use the Association’s Golf Course or Pool:
    i. Resident Members
    ii. Non-Resident Members
    iii. Associate Members
    b. Resident Members shall be defined to include all individuals who:
    i. Reside on a lot within Aquia Harbour, as their primary place of residency, at the time they apply for membership, and such fulfillment of the residency requirement to be established by the production of either a valid drivers license or voter registration card to the Board of Directors, Management and/or the Board’s appointed Committees; and
    ii. Are lot owners; or
    iii. Are tenants of lot owners, who have properly registered and filed a copy of their executed lease agreement with the Association’s Management and have or have caused to have all applicable initiation fees paid in full to the Association; or
    iv. Immediate Family members of lot owners; and
    v. Have no current violations of the Association’s governing documents existing on their lot of residency; and

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    vi. Have no delinquent charges (assessments or other) remaining due on their lot’s account.
    c. Non-Resident Members shall be defined to include all individuals who:
    i. Do not reside within Aquia Harbour, as their primary place of
    residency, at the time they apply for membership, and such fulfillment of the residency requirement to be established by the production of either a valid drivers license, voter registration card, or military identification card to the Board of Directors, Management and/or the Board’s appointed Committees; and
    ii. Are lot owners; and
    iii. Have no current violations of the Association’s governing documents existing on their lot of residency; and
    iv. Have no delinquent charges (assessments or other) remaining due on their lot’s account.
    d. Associate Members shall be defined to include any individual who:
    i. Does not qualify for Resident Member or Non-Resident Member status.
    e.
    - The Association reserves the right to charge a different membership fee for each class of membership. Such membership charge shall be established within the sole discretion of the Board of Directors.

    II. BOAT SLIP LESSEES
    a. Only the following individuals are eligible to apply for and enter into a lease agreement with the Association for the rental use of a boat slip:
    i. Resident Members
    ii. Non-Resident Members
    iii. Associate Members
    b. Resident Members shall be defined to include all individuals who:
    i. Reside on a lot within Aquia Harbour, as their primary place of residency, at the time they apply for membership, and such fulfillment of the residency requirement to be established by the production of either a valid drivers license or voter registration card to the Board of Directors, Management and/or the Board’s appointed Committees; and
    ii. Are lot owners; or
    iii. Are tenants of lot owners, who have properly registered and filed a copy of their executed lease agreement with the Association’s Management and have or have caused to have all applicable initiation fees paid in full to the Association; or
    iv. Immediate Family members of lot owners; and

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    v. Have no current violations of the Association’s governing documents existing on their lot of residency; and
    vi. Have no delinquent charges (assessments or other) remaining due on their lot’s account.
    c. Non-Resident Members shall be defined to include all individuals who:
    i. Do not reside within Aquia Harbour, as their primary place of residency, at the time they apply for membership, and such fulfillment of the residency requirement to be established by the production of either a valid drivers license, voter registration card, or military identification card to the Board of Directors, Management and/or the Board’s appointed Committees; and
    ii. Are lot owners; and
    iii. Have no current violations of the Association’s governing documents existing on their lot of residency; and
    iv. Have no delinquent charges (assessments or other) remaining due on their lot’s account.
    d. Associate Members shall be defined to include any individual who:
    i. Does not qualify for Resident Member or Non-Resident Member status.
    e.
    Fees and Lease Terms
    - The Association reserves the right to set different rental fees and lease terms for each class of membership. Such fees and terms shall be established within the sole discretion of the Board of Directors.
    f.
    Wait List Priority for Lease of Boat Slip - The Association’s Harbour Master shall maintain wait lists for the following:
    i. Any Resident Members applicants who properly filed complete applications with the Association requesting reassignment to another boat slip;
    ii. Any Resident Members who properly filed complete applications with the Association to lease a boat slip and who had no boat slip at the time of filing;
    iii. Any Resident Members who properly filed complete applications with the Association to lease an additional boat slip;
    iv. Any Non-Resident Members who properly filed complete applications to lease a boat slip; and
    v. Any Associate Members who properly filed complete applications to lease a boat slip. The Harbour Master shall lease the available boat slips using the abovedescribed wait lists and considering the suitable slip availability.
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    These waiting lists are hierarchical. The i) list takes precedence over the ii), iii), iv), and v) lists, the ii) list takes pecedence over the iii), iv) and v) lists, etc. No person on a lower-ranking wait list may be assigned a boat slip, unless
    all senior wait lists have been exhausted. When a slip becomes available, the Association will contact the appropriate applicant via telephone or electronic mail, as requested by and using the number or electronic address provided by, the applicant on his or her application. In the event the applicant fails within twenty four hours of the Association’s notice of availability, to contact the Association via written, in person, telephone, or electronic means, indicating a desire and willingness to execute a boat slip lease agreement and accepting the offer to lease the boat slip, the next appropriate wait listed applicant will be offered the slip and so on until the list has been exhausted. An applicant who has accepted an offer to lease a boat slip shall have 5 business days, from the date of acceptance, to fully execute and submit a boat slip lease agreement and pay any and all necessary fees. In the event the applicant fails to meet these requirements, the next appropriate wait listed applicant will be offered the slip and so on until the list has been exhausted. If the member’s boat will fit into the slip and there are no special requirements, which justify the rejection of the slip, then the boat owner must accept or be removed from the wait list. If a member fails to respond to the Association’s offer to lease a boat slip, he or she will be removed from the wait list. If a member can demonstrate that he did not receive actual notice that the slip had been offered to said member in time to respond, said member shall not be placed on the bottom of the list, such placement to be determined in the sole discretion of the Association’s Management and/or Board of Directors.

    This Resolution supersedes any conflicting provisions of the Association’s governing documents, including any Rules and Regulations currently in existence.

    This Resolution will apply to any and all pool or golf course membership agreements, and boat slip leases executed on or after the effective date of this Resolution which shall be December 11, 2008.

    This Resolution shall not apply retroactively to any pool or golf course membership agreements, and boat slip leases in existence prior to the effective date of this Resolution.

    The classes of membership created by this Resolution are applicable exclusively to the purpose of governing the eligibility criteria, selection process and terms of permissible use, related to individuals who wish to obtain membership in the Association’s pool or golf course or to execute a boat slip lease agreement.

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    No other rights, privileges or obligations, other than those specifically referenced herein, are created by this Resolution and applicable to the classes of membership created herein, including, but not limited to, any voting rights.
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