COMMON AREAS All real and personal property which Avery Park Association ( Association ) owns, leases or holds possessory or use rights in for the common use and enjoyment of the Residents. 1. Access Owners have access to the Common Areas, some areas being accessed by an electronic access card (Card). Owners may designate Non-Owner Residents with access, however doing so will forfeit the Owner s access until designation is revoked. Owners will notify the Association of all Residents via the Owner s Dashboard profile. This provides Residents access to the Common Areas. Residents are only Individuals who permanently reside at the address. If the Card is lost, a replacement Card may be obtained by contacting the Association s property manager. A replacement Card fee will be charged, and the lost Card will be deactivated. Individuals choosing to use the Common Areas do so at their own risk. The Association reserves the right to limit Individual s access for Common Area use violations. 2. Season, Hours and Maintenance The Common Area are available year round, with some having limited seasons. Common Areas are limited by use on a first come basis, or by the Association for community events. The Association reserves the right to prevent access to amenities for any period for maintenance, repair, cleaning, hazardous conditions, and servicing purposes. Additional rules for specified amenities may apply. a. All Federal, State and Local rules apply in the Common Areas. b. Every Resident shall have a right to use, access, and enjoyment of the Common Areas. An Individual's right can only be suspended by following notice and hearing procedures outlined in Section 3.25 of the By-Laws of the Association. c. Abusive, offensive or profane language or behavior is prohibited. d. Loud noise is prohibited. e. Any act which will pollute, damage, or limits the common use is prohibited. f. Underage drinking is strictly prohibited. Violation will result in a ban of amenity access. g. Smoking and vaping is prohibited at the Pool, Clubhouse, Pavilions, Playgrounds, Dock or any area immediately around these Common Area facilities. h. Animals and pets are allowed in common areas, with limitations. Residents are responsible for monitoring, cleaning after pets, and for damage the pets may cause. i. No motorized vehicles shall be permitted on pathways or unpaved Common Area except for public safety vehicles authorized by the Association. j. Limitation of Liability i. Neither the Association nor its management company nor its contractors are responsible for the loss or damage to personal property Items left at the amenities will be properly disposed of on a regular basis. ii. All persons using the Common Areas do so at their own risk. Neither the Association nor its managing company nor its contractors are responsible for any injury or accident connected with Common Area use. 4. Reservations Residents may reserve some amenities for private use; the Clubhouse and Pool Cabana. Residents will need to complete a reservation form for the amenity. Residents can t have more than one amenity for any event. Additional policies apply to the different reservable amenity. Revised and Approved June 12, 2018 1
CLUBHOUSE 1. Access A Card is used to access the Clubhouse. Residents may request access to the Clubhouse through the reservation process. All members will have access to the clubhouse during Association events. 2. Season, Hours and Maintenance The Clubhouse is available year round, limited by use on a first come basis, or by the Association for community events. a. No animals or pets allowed in the Clubhouse, except service animals. b. No open flame is allowed in the Clubhouse. 4. Reservations Residents may reserve the Clubhouse for exclusive private parties and events. Residents wishing to hold an event must receive the prior consent of the Association. a. The Clubhouse may be reserved for exclusive use for events sponsored and attended by a Resident on a first-come basis. To make sure the Clubhouse is available for all Residents, Residents may have only one active reservation at a time. b. The total number of Individuals allowed by reservation per event shall be limited by current fire code capacity of 80 for the Clubhouse. c. The Clubhouse may be reserved at least two weeks in advance of any event with a refundable security deposit for $250.00 and rental fee of $100.00. The deposit must be paid in full within forty-eight (48) hours of the approval for a reservation. Checks shall be made payable to the Avery Park Community Association. d. The Resident who signs the reservation form shall be responsible for any damages to the Clubhouse, equipment, furnishings, related facilities and any other portion of the Avery Park property resulting from actions by persons attending or in any other way related to the event. Payment of damages will be deducted from the deposit and billed separately should expense exceed $250.00. e. After the event, the Resident shall clean in and around the facilities used. The Clubhouse and surrounding areas, furniture areas shall be returned to their original condition. Once the cleanup is complete, please contact the Association for inspection and return of the security deposit. f. Any Resident wishing to reserve the Clubhouse facilities should complete the reservation form, and submit the form to the Association. The Association will call to confirm this reservation and arrange to pick up the deposit within forty-eight (48) hours. Please contact the Association for additional information. COURTS 1. Access Residents may include up to four (4) Guest per address, a Resident 12 yrs. of the address must accompany Guests at all times. Residents can request the gate code every year for access to the Tennis Courts. Play at the Courts shall be limited to ninety minutes if other Residents are waiting. 2. Season, Hours and Maintenance The Courts hours shall last from dawn through dusk, or for any other period established by the Association. a. Residents under the age of 12 yrs. must be accompanied by an adult (18 yrs.). b. Pets (excluding service animals), vehicles (excluding handicap equipment) are prohibited on the Courts. Revised and Approved June 12, 2018 2
c. Tennis court shall be used for tennis players only. Only active participants are to be on the tennis court area. i. Proper tennis attire shall be worn at all times on the tennis court. Footwear must be tennis shoes or sneaker. No black soled shoes are allowed on the court. ii. Proper tennis etiquette must be observed at all times. d. Volleyball court shall be used for volleyball players only. Only active participants are to be on the volleyball court area. i. Proper volleyball attire shall be worn at all times on the volleyball court. ii. Proper volleyball etiquette must be observed at all times. e. No food or alcoholic beverages are allowed on the Courts. Glass containers are prohibited. i. No gum is allowed on the Courts. ii. No beverages are allowed on the play surfaces. f. Private lessons must be pre-approved and shall be arranged around non-prime hours of play. g. No furniture, baby strollers, playpens or similar items are allowed on the Courts. h. Jumping, swinging, or climbing on the nets and fencing is prohibited. PAVILIONS 1. Access All Residents have access to the pavilions. The Pavilions are on a first come basis. 2. Hours and Maintenance The Pavilion hours shall last from dawn through dusk, or for any other period established by the Association. a. Residents under the age of 12 yrs. must be accompanied by an adult (18 yrs.). b. Pets (excluding service animals), vehicles (excluding handicap equipment) are prohibited in the Pavilion. c. Food and beverages are allowed in the Pavilions. Glass containers are not permitted. d. Trash will be disposed of by user after use of the Pavilions. Damaging the equipment will result in limited access and charges to recover damages. PLAYGROUND The Playground includes the play structures, playsets, and swings ( Playground ). 1. Access All Residents have access to the Playground. Residents may include up to four (4) Guest per address, a Resident 12 yrs. or older must accompany the Guest at all times. The Playgrounds are on a first come basis. 2. Hours and Maintenance The Playground hours shall last from dawn through dusk, or for any other period established by the Association. a. The Playgrounds are weight limited to Individuals up to 250 pounds. b. Residents under the age of 12 yrs. must be accompanied by an adult (18 yrs.). c. Pets (excluding service animals), vehicles (excluding handicap equipment) are prohibited on the Playgrounds. d. Playground equipment may only be used as intended. Damaging the equipment through unintended use will result in limited access and charges to recover damages. e. Be respectful of those around you while playing. f. No food or alcoholic beverages are allowed on the Playgrounds. Glass containers are prohibited. Revised and Approved June 12, 2018 3
i. No gum is allowed on the Playgrounds. ii. No beverages are allowed on the play surfaces. POND The 2.5-acre pond is privately owned by the Association for the exclusive use by the Residents. 1. Access All Residents have access to the Pond. Residents may include up to two (2) Guests per address, a Resident 12 yrs. or older must accompany the Guest at all times. The Pond is on a first come basis. 2. Hours and Maintenance The Pond hours shall last from dawn through dusk, or for any other period established by the Association. a. Glass containers at the Pond is prohibited. b. Swimming and diving in the Pond is prohibited. c. Not outside animals (fish, ducks, turtles, snakes, etc.) are to be added to the pond without the written permission of the Association. Removal of unauthorized animals will be at violator expense. d. No trails or pathways shall be established along the perimeter of the pond, except those put in place by the Association. e. No storage containers or lawn furniture are permitted to be left on the pond shore. f. All trash and refuse must be placed in waste receptacles. g. Do not damage or interfere with the fish feeder, fish aerator, or signs around the Pond and the dock. Damaging the equipment will result in limited access and charges to recover damages. h. Fishing Rules Fishing is permitted by the provisions of Georgia law, including all applicable Georgia Department of Natural Resources limits. i. Fishing hours in or around the Pond are from 7:00 am - 7:00 pm. ii. If the fish exceeds the statewide minimum length of 12 inches, you may keep what is caught. iii. The daily limit of any fish caught within the Pond is three (3). iv. If a grass carp is caught, release it immediately. v. The number of poles and lines are restricted to two (2) per Individual. vi. The following fishing methods are not permitted at the Pond: sports trotlines, set hooks & jugs, spear fishing, seines, cast nets, bow nets, bow fishing, and noodling. vii. Residents under the age of 12 yrs. should be accompanied by an adult (18 yrs.) Resident. i. Boating Only canoes or kayaks are permitted by the provisions of Georgia law. i. No Individual under 12 yrs. of age may not operate a boat. ii. Boats shall be propelled by oars only. iii. Boats shall not exceed 16 feet in length, 4 feet in width, or 15 inches deep. iv. Boats shall not exceed a three (3) person occupancy. v. Boats shall not be operated by any Individuals under the influence of alcohol or drugs. vi. vii. Boats shall not be transported to the pond by a motorized vehicle. No boat or boating equipment will be stored at the Pond; all equipment must leave with you. Equipment left overnight will be disposed of by the Association. Revised and Approved June 12, 2018 4
POOL The Pool includes the pool, toddler pool, splash pad and connected areas and buildings ( Pool ). 1. Access A Card is used to access the Pool. Residents may include up to four (4) Guests per address, a Resident 18 yrs. or older must accompany the Guest at all times. All Individuals are required to sign in with the Monitor. Individuals 18 yrs. and older will sign in with a photo ID with name; Individuals 12 yrs. to 17 yrs. will sign in with their Guardians name and address; Resident will also provide address and count of their group (Residents, Youth, Guests). No person shall use the Pool unless it is officially open. Individuals choosing to use the Pool do so at their own risk, even in the presence of lifeguards or pool monitor. The Association reserves the right to limit Individual(s) access for Pool use violations. 2. Season, Hours and Maintenance The Pool season and time shall be set by the Association, from at least Memorial Day to Labor Day. The Association may adjust the season and times dependent on weather and use. The pool company may close the Pool during the day for any length of time for safety concerns; the Association may extend closure at the recommendation of the company. as set forth herein, and provisions of Georgia law. a. Lifeguards and pool monitors are responsible for enforcing the rules of the Association. Adult Residents are responsible for instructing their Guests and minor residents to observe all rules and obey the instructions of the pool management company, or its employees (monitors and lifeguards). b. The pool management company or its employees (monitors and lifeguards) have the authority to suspend an Individual's Pool privileges for the day for any infraction of these rules. Subsequent action may be taken by the Association, which may revoke an Individual's Pool privileges for any length of time, including the remainder of the swimming season, and assess monetary charges if appropriate. c. The pool management company or its employees (monitors and lifeguards) have the authority to manage the safety and conduct of Individuals at the Pool. This includes uses of items (floats, equipment, toys, etc.), activities (running, acrobatics, wrestling, etc.), and conduct (drinking, eating, socializing, etc.). d. Individuals under the age of 12 yrs. must be accompanied by an adult resident (18 yrs.) at all times for health and safety concern purposes. i. Residents under the age of 18 yrs. may be accompanied by one (1) non- Resident caregiver (nanny, sitter, etc.) when an adult Resident is not present. The caregiver shall act as the proxy adult Resident for the minor. The caregiver is required to inform monitor and is responsible for any underage Resident in their care at the Pool. e. Bicycles, skateboards, etc. should be parked by the tennis courts at the bike rack provided. f. Food/Beverage containers must be plastic or aluminum only. Glass containers are prohibited in the Pool. Coolers/bags may be subject to checks. Individuals determined intoxicated or impaired by alcohol or drugs shall be asked to leave for their safety and that of others. g. Individuals who are bleeding, wearing bandages and with skin abrasions, colds, inflamed eyes or exhibiting other types of possibly contagious infections will be excluded from using the pool. Any accident that does occur at the pool should be reported immediately to the pool monitor and complete an Incident Report. An emergency phone is located at the main gate, and a first aid kit is located in each bathroom. i. Individuals who are not toilet trained are required to wear plastic diaper covers or swim diapers in the pool areas and should be kept away from the pool altogether Revised and Approved June 12, 2018 5
if there is any chance of illness or accident. Health codes require swim diapers or waterproof diaper cover for all infants and toddlers within the pool. h. No street clothes are permitted in the pool; proper swimming attire must be worn at all times in the pool. Overly revealing swimming attire is prohibited. Lifeguards and monitors are responsible for determining enforcement. i. No pets allowed at the Pool, except service animals. 4. Reservations To allow all Residents full use of the Pool, reserving the entire Pool for exclusive private parties and events shall be prohibited. a. The central Pool Cabana may be reserved for non-exclusive use for events sponsored and attended by a Resident on a first-come basis. Any Resident wishing to reserve the Pool Cabana should submit their reservation form 14 days in advance on the Avery Park website. Once your reservation has been confirmed, you will receive an email with the reservation contract. A board member will contact you to arrange to collect the deposit, a refundable security deposit for $150.00. There will also be a contract 48 hours or more before your party to confirm. The deposit must be paid in full within forty-eight (48) hours of the approval for a reservation. Checks shall be made payable to the Avery Park Community Association. To make sure the Pool is available for all Residents during the holidays, these facilities may not be reserved for a holiday or holiday weekend if the holiday falls on a Friday or Monday. b. The total number of Individuals allowed by reservation per event shall be limited to twenty (20), regardless of whether the pool is used or not. Additional lifeguards will be required during the reservation period. The pool management company will provide additional lifeguards for an additional fee. 5-10 Guests will require one (1) additional lifeguard; 11-20 Guests will require two (2) additional lifeguards. c. The Resident who signs the reservation form shall be responsible for any damages to the pool, equipment, furnishings, related facilities and any other portion of the Avery Park property resulting from actions by persons attending or in any other way related to the event. Payment of damages will be deducted from the deposit and billed separately should expense exceed $150.00. d. After the event, the Resident shall clean in and around the facilities used. The pool and surrounding areas, pool furniture, and play areas shall be returned to their original condition. Once the cleanup is complete, please contact the Association or monitor on duty if at the Pool for inspection and return of the security deposit. WALKING PATHS 1. Access All Residents and Guest have access to the Walking Paths. 2. Hours and Maintenance The Walking Paths hours shall last from dawn through dusk, or for any other period established by the Association. a. Residents under the age of 12 yrs. must be accompanied by an adult (18 yrs.). b. Vehicles (excluding handicap equipment) are prohibited on the Walking Paths. c. All trash and refuse must be placed in waste receptacles, including waste from pets. d. Be respectful of those around you while using the walking paths. Revised and Approved June 12, 2018 6