LOS PRADOS COMMUNITY ASSOCIATION & REGULATIONS

Transcription

1 LOS PRADOS COMMUNITY ASSOCIATION RULES & REGULATIONS As Revised, February 16, 2010

2 TABLE OF CONTENTS Section Title Page I. II. III. IV. V. VI. VII. VIII IX. x. XI. XII. XIII. Ex. A Preamble 1 Use of Common Area Facilities 4 Pets 11 Parking 12 Nuisances / Excessive Noise 15 Trash 16 Clothes Lines and Storage 16 Vehicles 17 Enforcement and Penalty for Violations 18 Security 21 Architectural Review 22 Contractor Rules 23 Recreation Vehicle Parking Area 26 Indemnity Agreement 28

3 Rules & Regulations 1. Preamble A. Purpose - The Purpose of the Rules and Regulations is to establish the basic standards of conduct required of all residents of Los Prados Community Association (the "Master Association") in order that every homeowner may enjoy to the fullest of his individual rights, while respecting the rights of others, to the quiet and peaceful occupancy of their home and the use of common ground and facilities. They are provided in order to establish the basic standard of conduct required of all residents in order to enjoy to the fullest the amenities provided by Los Prados. While each homeowner owns his individual deeded property and has all the rights, privileges and responsibilities of ownership, the ownership and use of common facilities are shared with all other residents. However, each homeowners' use of his own property and the common facilities is subject to the restrictions set forth in the CC&R's, as well as these Rules and Regulations. These Rules and Regulations are not intended to take the place of the existing Master Declaration of Covenants, Conditions and Restrictions of Los Prados (the "CC&R's"). Nothing in these Rules and Regulations is intended to supercede and Federal, State, County or City statute or any of the Master Association's governing documents including the CC&R's, Bylaws and Articles of Incorporation now in force or as amended hereafter. B. Administration A. To ensure the protection of these rights as preservation of the value and amenities of the common areas and recreational facilities, the Developer filed the CC&R's with the Clark County Recorder's Office on July 25,1986, in Book No as Instrument 756, to which every homeowner in the Master Association is legally bound. The Master Association and the various sub-associations are non-stock, not for profit corporations established to rnaintain and administer the common property and enforce the restrictions. -1-

4 Every owner of a lot within Los Prados is a member of the Master Association. The Bylaws of the Master Association establish that the affairs of the Master Association be managed by a duly elected Board of Directors, and further articulates the powers and duties of the Board. The Board of Directors of the Master Association may employ a Manager, which may change from time to time at the Board's discretion, to administer the affairs of the Master Association. The Manager reports to and would be responsible solely to the Board of Directors. He does not make or change policy, procedures or Rules/Regulations; such authority being exclusively reserved to the Board of Directors. B. The Rules and Regulations may be amended at any regular legally-constituted meeting of the Board of Directors by a simple majority vote of those in attendance, provided that no rule or amendment shall become effective until 10 days after posting of said rule or amendment on the bulletin board located at the Homeowners Association Office, 5150 Los Prados Circle, Las Vegas, Nevada and notifying homeowners of the amendment in the Master Associations newsletter or by separate mailing. C. A copy of the Rules and Regulations shall be maintained in the Master Association's Office for inspection during normal business hours - 8:00a.m. - 4:30 p.m. D. The conduct of homeowners, their minor children and their invited guests and tenants is governed by the Rules and Regulations hereafter set forth, Additionally, each home owner is liable to the Association for the conduct of their minor children, and invited guests and tenants while upon or using the common grounds or recreational facilities. E. The Rules and Regulations are supplemental and subordinate to the CC&R's, the Articles of Incorporation and the Bylaws of the Master Association. Nothing contained in the Rules and Regulations shall amend or modify the foregoing documents. -2-

5 F. A violation of any of the restrictions shall be considered a violation of the Rules and Regulations. However, any failure, by the Board of Directors, it's officers or employees to proceed with the remedies available under the Enforcement and Penalty for Violation Section herein shall in no way constitute a waiver to do so in the future, or deprive the Master Association, any government agency having jurisdiction, or any corporation or person having legal right, title or interest, to and remedy otherwise available at law. G. THE EMPLOYEES OF LOS PRADOS. Job performance and conduct will be governed by their managers and the Board of Directors. Under no circumstances shall a homeowner, tenant, or guest, berate, harass, or argue with any of the employees. All complaints about any employee should be submitted in writing to the desk or the Board of Directors for investigation and action. Homeowners, tenants, or guests who are in violation of this directive will themselves be in violation and will be subject to the prescribed fmes as set forth under Section IX "Enforcement and Penalty for Violations". -3-

6 RULES & REGULATIONS ll. Use of Common Area Facilities Extensive recreational facilities have been provided and are maintained for the use of homeowners, their families and invited guests. These facilities represent a substantial capital investment by the homeowners. Maintenance and replacement of worn or damaged equipment is expensive and the cost is borne by the homeowners. Therefore, it is the responsibility of all to use the facilities with care, and to report any obvious violations, misconduct, or damage to the security officer on duty or to management. A. General Rules 1. No unaccompanied guests are permitted to use the recreational facilities. 2. The tenants of a unit owner are authorized to use the facilities only if the owner has, in writing, relinquished his own right to use the facilities, specifically authorized his tenants to do so, and agrees to accept financial responsibility for any and all damage caused by such tenants, their dependants and guests. This is not construed to read that the tenants are not liable for their actions and the actions of their guests. 3. Photo Identification - All home owners are issued photo identification cards which should be carried when using the common area facilities. Home owners are permitted to use the common facilities as provided by the sub-association in which they reside. 4. Children under 14 years of age must be accompanied by a responsible adult when using the golf course and tennis courts unless otherwise authorized by the Department Head. 5. Home owners from other associations, unless they are invited guests, are not permitted access to the recreational facilities of sub-associations other than their own. However, all Los Prados residents are permitted to use the Main Pools, and adjoining tennis courts. -4-

7 All accidents on common area property involving homeowners or their guests must be reported to the Homeowners' Association Office at or to Security at There will be a curfew for children below the age of 18 years. This curfew will be at 10:00 PM and will be in effect for all common areas, unless accompanied by a parent. 7. Minors with no apparent business at the Clubhouse will be escorted out of the building. A second occurrence of this type will result in the parents being contacted and citations could result. 8. Parents will be responsible for the conduct and actions of their children. Unacceptable conduct and damage to common area facilities will result in actions against the parents. 9. Home owners are responsible for the actions and conduct of their guests and their guests children. Any unacceptable conduct or damage to the common area facilities will result in action against the hosting home owner. 10. Skateboards are prohibited from the Clubhouse area, including the parking lot. 11. Motorized skateboards (scooters) must obey all regulations that apply to other motor vehicles. Motorized skateboards are expressly prohibited from using any pedestrian walkways. 12. Los Prados Security has the power and authority to impound any vehicle found to be in violation ofn evada State Law, Las Vegas City Ordinance or Los Prados Rules & Regulations. This includes, but is not limited to, motorized skateboards, go-carts, golf carts, motor cycles and automobiles. Any fees relating to such impound will be borne by the vehicle owner. -5-

8 B. Tennis Courts - The operation of the tennis courts is under the direct supervision of the Master Association. The Board of Directors has established separate rules and regulations governing the use of the tennis courts. These regulations are: 1. All homeowners desiring to use the tennis courts will be required to leave their Los Prados membership card with LD. number and photograph or drivers license with Los Prados address with the receptionist at the Clubhouse or with the attendant at the Pro Shop. This will be returned to you when you return the key. 2. Homeowners desiring to permit their guests to use the tennis courts will be required to personally leave their Los Prados membership card or drivers license at the places above described. 3. The receptionist at the Clubhouse and the attendant at the Pro Shop will compare the photograph to the person requesting the key to the courts. 4. Player must sign in name, address and telephone number. Receptionist or Pro Shop attendant will add time the key is given and time returned. C. Swimming Pools 1. Pool furniture is the property of the Association and is not to be removed from the pool area at any time. 2. No glass containers or bottles (including lotions) are permitted in the pool area. 3. Life guards are not provided; therefore, use of the pool is at the risk of the homeowner. 4. No solo swimming is allowed. 5. Children under the age of 14 years must be accompanied by an adult. 6. Appropriate swimming attire must be worn at all times. No "cut-offs" are allowed. 7. Pool hours are posted at each pool. No activity is permitted at the pools other than during posted hours. -6-

9 8. The operation and use of the swimming pools are subject to personal regulations issued by the Nevada State Board of Health and the Clark County Health Department, which are posted at the pools. 9. All children that require diapers must wear rubber pants and must wear an appropriate swim suit. D. Golf - The golf course is an integral part of the common area owned by Los Prados property owners and operated by the Master Association. Because of the potential of the golf course to produce a positive annual net income for the Master Association and thereby lessen the financial responsibilities of the homeowners, proper use and upkeep ofthis facility is of utmost importance to every Los Prados property owner, whether they play golf or not. The golf course is open to the public subject to prior reservations, course hours, thecc&rs and these Rules and Regulations. 1. Homeowners and those renting or leasing a home in Los Prados (hereinafter "homeowners") are entitled to unrestricted tee times during the year, subject to prior reservations and course hours, upon payment of an annual fee and/or daily fee as set forth below. Available golf course memberships are as follows. a. Homeowner Memberships and Daily Fees. Diamond: o Includes unrestricted tee times during the year, subject to prior reservations and course hours; green fees, and daily use of a Los Prados golf cart. The cart must be returned to the cart barn at the end of the round. Gold: o Includes unrestricted tee times during the year, subject to prior reservations and course hours; green fees, and the use of one private golf cart on the course. Trail fees are included in Gold membership plan. Annual: o Includes unrestricted tee times during the year at reduced green fees, subject to prior reservations and course hours. Annual memberships do not include Trail Fees. Annual members may rent a Los Prados golf cart for the day at rates set forth in the Pro Shop. Annual fee memberships entitle the member to the use of one private cart only upon payment of annual Trail Fees. -7-

10 Daily Green Fee: o Includes unrestricted tee times during the year at a green fee less than that charged to the general public but in excess of the fee charged to Annual memberships, subject to prior reservations and course hours. Daily Green Fees do not include Trail Fees. Daily Green Fee players may rent a Los Prados golf cart for the day at rates set forth in the Pro Shop. Payment of Daily Greens Fees entitle the player to the use of one private cart only upon payment of annual Trail Fees. b. Non-Resident Membership. Associate: Includes greens fees at unrestricted tee times during the year, subject to prior reservations and course hours, the daily use of a Los Prados golf cart and preferred tee times reservations. The cart must be returned to the cart barn at the end of the round. All Membership Fees and Daily Fees shall be posted in the Pro Shop. Membership fees may be pro-rated on a one-time only basis. All such fees shall be reviewed annually as part of the Association's budget process and, when deemed necessary or desirable, fees shall be adjusted with the consent of the Board of Directors and become effective upon budget ratification by the homeowners. 2. Tee Time Reservations. Homeowners and non-resident Associate members my reserve tee times up to 14 days in advance, subject to prior reservations and course hours. The general public may reserve tee times up to seven days in advance, subject to prior reservations and course hours. Tee time cancelations should be made no later than 48 hours prior to permit resale. The Association reserves the right the charge players for unused reservations that are not canceled within 48 hours of tee time. 3. Tournament Scheduling. The Association reserves the right to pre-book tournaments for both residents and/or nonresidents to increase use and enjoyment of the golf course for residents and to increase department revenues through open play 4. Trail Fees and Golf Cart Policy: Homeowners may use private golf carts on the course only upon payment of an Annual Trail Fee. The Annual Trail Fee entitles the Homeowner and anyone in his/her family to ride in the cart during a round of golf without additional payment of fees or charges. Should a non- family guest ride along in the cart, an additional Rider Rev: 12115/09-8-

11 Fee may be charged. Homeowners wishing to utilize more than one private golf cart per family shall pay an additional reduced Annual Trail Fee for each additional private cart utilized. Privately owned carts operated on the golf course"must visibly display the registration tag issued at the time trail fees are paid. The Los Prados Community Association does not normally loan its golf carts. However, if at any time during the year a homeowner's private cart breaks down, the Pro Shop may loan the homeowner a Los Prados golf cart for up to three consecutive days at no charge. After the third day there will be a daily charge of$lo.oo for the use of a golf cart. During an Association event where a member and another household member are playing in the same match/event but are separated and require an additional cart, the Association will provide a second cart at no charge. No person under the age of 16 is permitted to drive a golf cart on any street or part of the common area. 5. All golfers are subject to all course rules, including temporary rules that may be posted at the Pro Shop. These rules include but are not limited to: Observing the 90 rule for carts on the fairways. Keeping carts on the cart path during inclement weather, or when otherwise required by course conditions. Obeying signs directing carts to cart paths. Not driving carts on, around or behind greens Trail Fees and Los Prados Daily Cart Fees shall be posted in the Pro Shop. Trail fees may be pro-rated on a one-time only basis. Trail Fees shall be reviewed annually as part of the Association's budget process and, when deemed necessary or desirable, such fees shall be adjusted with the consent of the Board of Directors and become effective upon budget ratification by the homeowners. 6. The duty of a course Marshall is to advise players of rule infractions and to monitor the pace of play. Marshalls are expressly authorized, without meaning to limit their authority, to require slower players to skip a hole in the event the players cannot keep up an appropriate pace of play. Infractions of posted rules during a round of play may lead to removal from the course. Under no circumstances shall a homeowner, tenant, or guest, berate, harass, or argue with any Marshall acting in the normal course of their duties. 7. Golfers are urged to replace and/or fill any fairway divot and to repair their ball marks on the greens. -9-

12 8. DRESS CODE: Shirts must have a collar or sleeves Shorts must be at least mid-thigh No bathing suit attire No bicycling attire Shorts or jeans may not have holes or frayed ends Golf shoes must have soft spikes Only approved shoes are allowed No shirtless play is allowed. 9. Outside food and beverages are not allowed. Beverage carts are on the course during regular play from which beverages may be purchased. 10. Homeowners, whose Los Prados property is under lien to the Master Association or any sub-association, are prohibited from the use of the golf course, as are any tenants who may rent or lease said property. 11. Except for maintenance and service carts of the Association, no gasoline powered golf carts are allowed in Los Prados. 12. Bicycles and pedestrians are expressly prohibited from the golf course at all times. 13. Homeowners' privacy will be respected at all times. Under no circumstances will any golfer trespass on an owner's property to retrieve a golf ball. -10-

13 RULES & REGULATIONS ITI. Pets The following rules have been adopted with respect to pets: A. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other small domestic pets may be kept on the lots, provided they are not kept, bred or maintained for commercial purpose, or in any unreasonable numbers. Notwithstanding the foregoing, no animals or fowl may be kept on the properties which result in any annoyance or are obnoxious to residents in the vicinity and, in any event, the unit owner shall be responsible to each and all remaining owners, their families, guests and invitees, and the Association, for any and all damage of the property caused by pets of any owner or member of his family, tenant, guests or invitees. B. Pets will be maintained on a leash not more than six feet in length and controlled at all times when in the common area. Pets are not permitted on the golf course. C. Residents walking dogs will carry a pooper-scooper and container at all times. All feces are to be immediately removed and properly disposed. D. Cats are considered pets and are not allowed to roam freely or unsupervised. E. Residents observing stray pets should contact security at Security will contact Animal Control for their action. Due to risk of injury, Security will not detain any animals. Any expenses incurred in reclaiming a pet will be the borne solely by the pet owner. F. Dog barking is to be controlled at all times. Excessive barking should be reported to Security at the time the infraction occurs. G. No pet is to be left unattended in any common area. H. All pets are to be properly licensed and vaccinated. I. In accordance with #9 of Section , State of Nevada Public Health Rules and Regulations, all animals are prohibited from Association pools and enclosures. -11-

14 RULES & REGULATIONS IV. Parking *** These changes are intended to comply with the CC&R's and the intended meanings by the Declarant, US Home, as stated in their correspondence and rulings over the years. They are also intended to benefit the homeowner without infringing upon a neighbors peace and tranquility or bringing a neighborhood into a deplorable condition. * * * Definitions: Vehicle: A vehicle shall mean any wheeled conveyance normally operated upon a roadway capable of carrying passengers and/or cargo. Motor Vehicle: Any vehicle that is self propelled, without the necessity of the operator using physical exertion to cause the vehicle to roll along the roadway. Commercial Vehicle: A commercial vehicle is defmed as any vehicle registered to a business or corporation, or designed in such a fashion as to preclude it from functioning as an "everyday" family vehicle, any vehicle which bears signage or logos or carries any advertising for a commercial venture. Automobile: Any non-commercial vehicle designed for the carrying of passengers, usually six or fewer in number. Truck: Any vehicle rated at one ton or greater normally expected to be used in the commercial hauling of cargo. Stake-side, tow, dump and flatbed trucks shall be considered commercial vehicles regardless of the tonnage rating. Pick-up truck: Any cab and bed vehicle, not otherwise describes as a commercial vehicle, rated at 3/4 ton or less, which is registered as a private vehicle. Van: Any fully enclosed vehicle used for the carrying of passengers, usually 15 or fewer, or cargo and having a weight rating of 3/4 ton or less. Commercial or Delivery Van: Any enclosed cab vehicle with an enclosed cargo area large enough for a person to stand in or having a weight rating of one ton or more. -12-

15 Bus: Any vehicle designed to carry multiple passengers where, by design, the driver has a solo position at the front and the number of passengers are arranged in rows behind the driver. They are usually 24 feet or longer and have a weight rating of more than one ton. All busses shall be considered a commercial vehicle. Bicycle: A two-wheeled vehicle primarily powered by physical exertion, by the rider, onto pedals that transfer that exertion to the wheels. This includes such vehicles that also are equipped with "training wheels". Motorcycles: A self propelled, two-wheeled vehicle usually powered by an internal combustion engine. For the purposes of this section, vehicles commonly called "mopeds" and "Spree" will be included under the definition of motorcycle. Moped: A two-wheeled vehicle equipped with, and powered by, both pedals and an internal combustion engine. The engine shall displacement shall be less than 50 cc. Motorized Scooters: A single board self propelled vehicle having two small wheels. NRS requires that any person driving a motor vehicle must have a valid drivers license and the scooter must be registered. Skate Board: A single board conveyance usually having four small wheels, two at either end, which resemble roller skate wheels and is ridden while standing upright on the board. They are powered by the rider pushing the ground with one foot while standing atop the board. Any skate board powered by an internal combustion engine shall be considered a motor vehicle. Golf Cart: A golf cart shall be defmed as a vehicle designed to carry golf clubs and two passengers powered by an electric motor or an internal combustion engine. This vehicle will be considered a "golf cart" only while being operated upon the golf course or when going to or returning from a round of golf. When a golf cart is operated upon a roadway it shall be considered a vehicle. Motor Homes & RV's: These are any vehicle designed for people to reside in on a temporary basis, whether self-contained or dependant upon auxiliary services. Boats, jet-ski, etc.: A boat or jet-ski is a water craft and therefore, not subject to the provisions of this section. The trailer on which a boat or jet-ski rides is considered a vehicle and is regulated by this section. Trailer: Any vehicle designed to be pulled behind another vehicle. Trailers are not self-propelled. This section will include trailers of all styles, i.e. flat-bed, box, boat and (self-contained) travel or camp trailers. -13-