Falls Run Community Association, Inc.
Administrative Resolution # 10-03
“Community Center Rules and Regulations”
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I. References:
a. Amended Declaration of Covenants, Conditions, and Restrictions, 13 February 2006:
1/ Article 2.2; Activity Cards.
2/ Article 4.3; Rulemaking and Enforcement.
b. Amended and Restated Falls Run Community Association By Laws, 22 April 2009:
1/ Article 3.16; Powers, and especially Articles 3.16[d] and 3.16[h].
II. Introduction:
a. Welcome to the Falls Run Community Center. For the purposes of this document, The Center includes the indoor and outdoor swimming pools, tennis courts, bocce courts, fitness center, and recreational common areas. As a Qualified Resident [resident, member] of a Dwelling Unit in Falls Run you are entitled to the full benefits of The Center. The Center has rules and regulations designed to promote the safety and enjoyment of the residents of Falls Run and their designated guests.
b. These rules and regulations are for the use of The Center. Additional documents that may affect your membership in The Center include the Amended Declaration of Covenants, Conditions, and Restrictions, 13 February 2006, and the Amended and Restated By Laws of the Falls Run Community Association, 22 April 2009. Before you use The Center for the first time, we ask that you read these rules and regulations and periodically review them thereafter to refresh your memory.
c. These rules and regulations may be updated periodically and supplemental rules and regulations may be applicable to specific center facilities. Be sure to check with the Activities Director to make sure your set of rules and regulations are complete and up to date.
d. For your convenience, these rules and regulations have been organized into sections designed to help you quickly find the answer to a particular question.
III. Community Center Rules and Regulations:
Section 1: Qualified resident, access, membership and other rights to Use The Center:
1.1. Use Rights Generally: The Center is intended primarily for the use and enjoyment of the people living in Falls Run. Membership in The Center is automatic for all qualified residents in good standing. New residents must complete the Resident Information Update Form, the Resident Informed Consent, Release and Waiver agreement, and the Acknowledgement of Receipt of the Community Center Rules and Regulations before receiving an activity card. Use rights may be suspended in accordance with Section 8.1 below.
1.2. Members: A person shall continue to be a member until he or she ceases to be a qualified resident.
1.3. Activity Cards: Access to The Center shall be by an activity card issued by the Activities Director after settling on a home.
1.3.1. Issuance of Activity Cards: One [1] activity card shall be allocated to each qualified resident of an occupied dwelling unit. However, the Board of Directors may establish policies, limits and charges with regard to the issuance of additional cards.
1.3.2. Requirement to Present Card: Each resident is required to scan his/her activity card upon entering The Center and is requested to do so upon exiting. Prior to entering the indoor or outdoor pools, residents must scan their activity cards and sign in any guests with the concierge.
1.3.3. Transfer of Activity Cards: Activity cards are not transferable. Any person other than the person to whom it is issued may not use an activity card.
1.3.4. Lost Cards: A lost or stolen activity card must immediately be reported to the concierge on duty and/or the Activities Director. The Activities Director shall establish the replacement fee for an activity card. If an unauthorized person uses the activity card, the member shall be liable for any loss, damage, or expense resulting from such unauthorized use until the card is reported lost or stolen.
1.3.5. Assignment of Rights: The right to an activity card is based upon occupancy of a dwelling unit. Any owner who leases or otherwise transfers occupancy of his or her dwelling unit shall be deemed to have assigned his or her rights to an activity card to the tenants as qualified residents of such dwelling unit.
1.3.6. Tenants: Any owner must delegate his or her rights of enjoyment of The Center to the persons occupying his or her home under a lease [a “Tenant”].
1.3.7. Notification; Application: The owner shall provide the Activities Director with a completed copy of the Tenant Certification Form. In the event the owner does not provide such form, the tenant shall provide the form. The Activities Director must have in hand the Completed Tenant Certification Form, The Resident Informed Consent, Release and Waiver Agreement, the Acknowledgement of Receipt of Center Rules and Regulations and Resident Information Update Form before issuing activity cards to the tenant. Once activity cards are issued the for tenant, the owner’s activity cards shall be deactivated and returned to the Activities Director and the owner shall NOT be entitled to use The Center until the owner gives written notification that the tenant’s right have terminated.
1.3.8. Termination of Use Rights: Activity cards issued to the tenant shall remain valid until the Activities Director receives written notice from the owner that the lease or contract to purchase has terminated. In the event of a dispute between the owner and the tenant, the Activities Director or the Board of Directors shall recognize the instructions of the owner.
1.4. Guests: Ordinarily, a member holding an active activity card shall be permitted to bring a reasonable number of guests to The Center, as determined by the Activities Director. There may be times during peak usage when guests may not be allowed at the discretion of the Activities Director. Any person entering The Center who does not hold an activity card shall be deemed a guest. All guests MUST be accompanied by a member holding an active activity card when using The Center Guests younger than eighteen [18] years must remain in the presence of the resident at all times.
1.5. Special Use Fees; Administrative Charges: The Activities Director will, from time to time, establish a schedule of charges [“Special Use Fees”] for special or additional services provided to members. Special use fees may include, for example, charges for the guest passes and administrative charges for processing lost activity cards and for other services.
Section 2: Hours of Operation; Rules of General Applicability:
2.1. Hours of Operation: The Center shall be open seven days a week as established by the Board of Directors and/or the Activities Director. The hours of operation may be amended seasonally and during holidays.
2.2. Alcoholic Beverages: Alcohol consumption at The Center is regulated by the Virginia ABC. The Center is licensed for wine and beer on premises with oversight by the ABC Manager on Duty, in most cases the concierge on duty or other persons as designated by the Board of Directors and/or the Activities Director. Unless otherwise stated by the Virginia ABC by special permit, alcohol consumption is limited to designated area at The Center. Those area currently approved are the veranda, club room, billiard room and all conference rooms.
In accordance with Virginia ABC laws and regulations; persons under the age of twenty-one [21] years may not purchase, possess or consume any alcoholic beverages nor may such alcoholic beverages be purchased or given to them.
In addition to the above, In accordance with Virginia ABC laws and regulations, intoxicated persons may neither purchase, possess, nor consume alcoholic beverages, nor may such persons be allowed to loiter in The Center or on its common grounds.
2.3. Controlled Substances: No person shall have in his or her possession or under his/her control any controlled substance. Any person who shall have in his/her possession or control any controlled substance shall be ejected from The Center and face additional legal action.
2.4. Food and Beverages: Members may bring food and beverages to The Center. Glass containers are not permitted in the pool or fitness areas. The Activities Director will establish rules regarding the areas where food and beverages may be consumed.
2.5. General Rules:
2.5.1. The budget for staffing of The Center does not allow for additional employees to provide clean-up services. Members and their guests are required to bring their own towels for use in the showers and to cover pool furniture when using suntan lotions. Members and their guests must also dispose of their trash after consuming food and beverages at The Center and are expected to cooperate in keeping The Center facilities clean and free of debris.
2.5.2. The Center is to be used for the development of social, educational, cultural, promotional and recreational programs under the jurisdiction of the Board of Directors and/or the Activities Director. Club/organization membership is limited to members in good standing as determined by the Board of Directors.
2.5.2[a]. From time to time, The Center may be used for private functions by members only. The Activities Director and Board of Directors shall determine prior approval and pricing for such use. A meeting shall be defined as a scheduled gathering of a recognized Falls Run group or organization, whether for the conduct of business or for social purposes. Attendance at a meeting may be open to guests of members and a Falls Run recognized organization must have its membership open to all Falls Run residents. See the Activities Director for rental contracts and rules for usage.
2.5.2[b]. The Center’s general purpose rooms shall be made available to all members, recognized clubs and organizations approved by the Board of Directors and/or the Activities Director provided such use:
[1] Does not interfere with other regularly scheduled activities;
[2] Is made available fairly and without discrimination al all clubs and organizations of a first-come, first-serve basis;
[3] If there shall be any doubt of the nature or intent of a program; the Activities Director shall reserve the right to refuse said request; and , if necessary, refer the request to the Board of Directors for a final determination.
2.6. Conduct: Persons using or attending a Center function must conform to all of The Center’s policies and standards. Any person who is intoxicated may be requested to leave The Center facilities. All persons using The Center facilities are expected to refrain from the use of profanity and unruly conduct.
2.7. Center Employees; Courteous Conduct: Members and their guest will not abuse any of the employees of The Center, verbally or otherwise. All service employees are under the supervision of the Board of Directors, the Property Manager and/or the Activities Director; and no member or guest shall reprimand or discipline any employee or send any employee outside of The Center for any reason. Members and guest shall not request special personal services from the employees of The Center.
2.8. Complaints and Suggestions: To facilitate the proper management of The Center facilities; all complaints, criticisms or suggestion of any kind relating to any of the operations of The Center should be written, signed and addressed to the Activities Director.
2.9. Advertisements and Pamphlets: Commercial advertisements, private announcements, pamphlets, petitions and solicitations shall not be posted or circulated in The Center without the prior written approval of the Activities Director.
2.10. Attire: Appropriate attire must be worn at all times when using The Center facilities.
2.11. Parking Areas: Self-parking is permitted in parking areas identified as such. No parking will be allowed on grassy area. “No Parking” signs must be observed. Overnight parking is not permitted without the permission of the Board of Directors, the Property Manager and/or the Activities Director. Violators of the parking restrictions may have their vehicles towed at their expense.
2.12. Center Security: Members must neither enter nor attempt to enter The Center outside of the hours of operation; to do so will trigger the security system alarm and alert the police. Police responses to false alarms are very costly The Board of Directors may charge these costs to the offending member[s].
2.13. Damage and Breakage: Members are asked to promptly report all broken, damaged and inoperable equipment to the concierge.
2.14. Doors: Initial entry into The Center must be through the front or veranda doors.
2.15. Windows: All the windows of The Center are to remain closed and locked.
2.16. Lights: Members shall not adjust any interior or exterior lighting systems or sound systems. Request for adjustments shall be made to the concierge.
2.17. Thermostats: The heating and air conditioning temperatures for The Center are preset to provide the best comfort. Members shall not make any changers to the thermostats. Requests for temperature adjustments shall be made to the concierge.
2.18. Clean Up: It is the responsibility of the individual[s] or group[s] using The Center to straighten up, clean up and put away all appliances, equipment, furniture, tools, utensils, etc, that were used. Failure to do so WILL result in a cleaning charge billed to the responsible individual and/or group for the cost of cleaning and possible suspension of future functions/events at The Center.
2.18.1. Kitchen: The following specific requirements apply to the kitchen area:
[a] Floors are to be cleaned of all trash and debris.
[b] The microwave oven, all dishes and coffee pots must be cleaned and reassembled properly.
[c] Sinks and countertops are to be left clean and dry.
[d] A charge of not less than $100 will be imposed on any offending member/club or organization failing to clean all used areas.
[e] Nothing is to be left in the refrigerator overnight.
[f] All furniture is to be left in the proper place.
[g] All breakage and damage to equipment must be promptly reported to the concierge.
[h] By order of the Fire Marshal, absolutely no deep frying or frying machines are allowed in the kitchen or The Center. A charge of $200 will be imposed on any offending member, club or organization.
[i] Failure to follow the above rules may result in loss of privilege by the club/organization.
2.19. Furniture: Any groups, private or Falls Run recognized, are responsible for set up of any particular room they have reserved. The concierge on duty is available to assist with set up when time allows. Folding chairs and tables shall be broken down by the group[s] or organization[s] using the facility.
2.20. Firearms: Firearms are not permitted in or on The Center facilities at any time.
2.21. Bikes and Skates: Skates, in-line skates, and skateboards are prohibited from being used on The Center facilities including sidewalks, driveways and parking lots. Bikes may be used on paved driveways only for access to the entrance to The Center facilities. None of the foregoing may be used inside The Center or in areas adjacent to the pools or tennis courts. Bikes left at The Center facilities must be stored in the appropriate areas and are stored at the owner’s risk.
2.22. Smoking: Smoking of any kind is not permitted within any of The Center facilities; other than designated outdoor areas. Smoking is not permitted at the pool, picnic areas, under the veranda, or inside the tennis court areas.
2.23. Dogs and Pets: Dogs [other than working dogs] or other pets are not permitted on The Center facilities except under special circumstances when authorized by the Board of Directors and/or the Activities Director.
2.24. Personal Barbecues: No personal barbecues, tents, tarps or flooring such as Slip n Slides, toddler pools, etc. may be used on The Center’s common ground.
2.25. Property Belonging To The Center: Property or furniture belonging to The Center shall not be removed from The Center facilities unless authorized by the Activities Director or concierge on duty.
2.26. Library: The books in the library of the club room have been purchased or donated to The Center. Members are welcome to give books from their personal collections. There is no required sign-out from the club room library and members may borrow any of the library books. Members are requested to return borrowed books to the library after a reasonable time. However, books that are offensive or in bad taste or disrepair may be removed at the discretion of the Activities Director.
2.27. Charitable Gaming: The Center will not have on its premises any illegal gambling apparatus, machines or devices. Residents using The Center will not be allowed to participate in or be a party to any form of illegal gambling while at The Center. Bingo and raffles are allowed provided they adhere to conduct under special rules and laws dictated by the Virginia Charitable Gaming Commission and that the annual maximum intake is less than $25,000.
2.28. Computer Use: The Center provides computers for residents use in accessing the internet for email and research. Computer use is on a first come first served basis. Residents are to log their name and time of use. Gambling and gaming is prohibited as is installing personal software including Web browsers. If residents are waiting for a computer, use is limited to 30 minutes per session.
Section 3. Use of Pools:
3.1. Swimming Pools: The swimming pool area is defined as the entire fenced-in area surrounding the outdoor pool and the entire closed-in area of the indoor pool. Members in good standing and their adult guests may use the pools whenever the pools are open. Certain areas of the indoor pool may be reserved for exercise classes and persons desiring to swim laps with times for these activities to be designated by the Activities Director. Hours of operation shall be published and posted at each pool.
3.2. Guests: Each dwelling unit may have eight guests at the pool but guests must be accompanied by at least one qualified resident. Guests younger than eighteen [18] years must remain in the presence of the resident at all times. For every two children in the pool, there must be one adult who is capable of swimming and must be present at the pool at all times. If he/she must leave the pool area, he/she will direct the children he/she is responsible for to get out of the water until he/she returns. Children in diapers [including swim diapers] or under the age of three [3] are not permitted in either pool. All children over the age of three [3] must be fully toilet trained to enter either pool. The use of the pools by children will be limited to specific days and times at the discretion of the Activities Director. All children over the age of five [5] must use the gender appropriate bathroom.
3.3. Risk of Use: Residents and guests assume all risks and responsibilities when using either pool and are personally liable for any and all injuries or damages suffered because of their negligence, carelessness or inattentiveness.
3.4. Outdoor Pool Attendants: If an attendant is on duty at the outdoor pool, they are responsible for the enforcement of pool rules. All residents and guests are required to cooperate in the enforcement of the rules. The concierge on duty is responsible for enforcement of the indoor pool rules and the outdoor pool rules when there is no attendant on duty.
3.5. Equipment, Towels and Lane Ropes: Residents and guests are required to bring their own towels. All equipment used for water classes is The Center’s property and must be returned after use. The bells, weights and belts are for water aerobic usage and not for use by children. Children are allowed the use of kick boards and noodles. Chaise lounges must be covered with towels before use. Removing lounges from the pool or saying chairs or loungers for persons absent from the pool area is prohibited. Hanging or lying on lane ropes is prohibited.
3.6. Floats: Outdoor – Inner-tubes, air mattresses, rafts and other flotation devices are prohibited during family swim time. Those unable to swim may use water-wings and swim-noodles with adult supervision. No floats are allowed in the indoor pool at any time.
3.7. Showers: All residents and guests must shower before entering either pool.
3.8. Food and Beverages: No food or beverages; except water and soda in plastic containers, are permitted in the pool areas. Glass bottles are prohibited. Food and beverages may be consumed in the designated picnic area adjacent to the outdoor pool. Residents and guests are responsible for cleaning up the picnic area after its use.
3.9. Hours: Swimming is permitted only during published open hours. The hours of use may be changed at the discretion of the Activities Director.
3.10. Admission: Prior to entering the indoor or outdoor pool, residents must scan their activity card and sign in any guests with the concierge. Admission to either pool will be denied any person who appears intoxicated, has a skin rash, infectious disease, cold sores, inflamed eyes, nasal or ear discharge, open sores, or who is wearing bandages.
3.11. Prohibited and Inappropriate Activities: All diving is prohibited in both pools. Running, excessive noise, hazardous activity, i.e., “horseplay [pushing, dunking, running, jumping/flipping into the pool, throwing objects other than “nerf” or beach balls, and climbing on any structure including lane ropes] is prohibited. Voices shall be kept at a normal conversational level. Radios, tape recorders and other audio equipment may be used only with earphones. Pets other than working dogs are not permitted in either pool area.
3.12. Attire: Swim attire is required for all pool users. Street clothes, cut-offs and shorts are not considered appropriate swimwear. Long hair should be tied up or put in a bathing cap. Bobby pins, hair pins, and other such hair grooming objects should be removed before swimming. Wet swimsuits shall not be worn at any time in The Center. Shoes or sandals are to be worn going to and from both pools.
3.13. Trash: Persons using the pools are required to dispose of all trash in the receptacles provided.
3.14. Spa: The Spa is reserved for adult residents and guests over the age of seventeen [17].
3.15. Smoking: Smoking is prohibited on the pool decks.
3.16. Electrical Storms: Swimming will not be allowed during thunder or electrical storms. No one is permitted in the pool for thirty [30] minutes after the last sign of either thunder or lightening.
Section 4. Use of Fitness Center:
4.1. Authorized Users: The fitness center is for members and authorized employees only.
4.2. Equipment and Towels: When others are waiting to use equipment, use of cardio-equipment is limited to thirty [30] minutes per person. Do not drop or bang weights. Use of all equipment is at your own risk. Members must wipe down equipment after use, using the cleaning agent and paper towels provided. Cleaning agent should be sprayed onto paper towel and not directly on the equipment.
4.3. Food and Beverages: No food and beverages except water in plastic sports bottles are permitted in the fitness center.
4.4. Attire: Proper attire is required. At no time is wet swimming attire allowed in the fitness center.
4.5. Personal Trainers: Individual personal trainers or fitness instructors are not allowed into the fitness center as a guest or otherwise. Contracted personal trainers and fitness instructors will be available through a professional, licensed, and screened fitness organization. No personal training other than by approved trainers is allowed in the fitness center or The Center’s general purpose rooms.
4.6. Fitness Equipment Orientation: Prior to their initial use of the fitness center, all members are required to go through an equipment orientation to insure proper and safe use of equipment. There is no charge for the orientation. Members may sign up with the concierge.
4.7. Exercise Equipment: No exercise equipment [balls, bands, tubes, weights, etc.] may be removed from The Center at anytime without prior authorization from the Activities Director. Additionally, all equipment must be returned to its original location after use.
Section 5. Tennis Court Guidelines:
5.1. General: The tennis court is for the use of members and their guests. Guests under the age of eighteen [18] may play when accompanied by a member. Members must scan their activity cards and sign in guests prior to using the tennis courts.
5.1.1. Members and guests must wear proper attire and tennis shoes. Black soled shoes are not allowed as they mark the court.
5.1.2. Tennis is the only activity permitted on the court surface.
5.1.3. During other than scheduled activities, play is on a first-come, first-serve basis. When others are waiting, play is limited to one hour for singles and one and one-half hours for doubles.
5.1.4. Sign-up sheets, when needed, will be maintained in The Center.
5.1.5. When players fail to claim the court within ten [10] minutes after the reserved starting time; the court shall be considered open for the balance of the reserved time and others may use the court.
5.1.6. Members and their guests are responsible for leaving the tennis court area I a neat and orderly condition at the end of play.
5.1.7. No pets [other than working dogs] are permitted in the tennis court area.
5.1.8. Common courtesy should prevail at all times.
5.1.9. Tennis court lights must be turned off no later than 9:00pm and shall not be on when the court is not in use.
Section 6. Billiard Room:
6.1. General: The billiard room is for the use of members and their guests eighteen [18] years of age and over. A member must accompany all guests.
6.1.1. If all tables are in use and people are waiting; playtime is limited to thirty [30] minutes.
6.1.2. When tables are not in use, place all the balls in the pockets and place cue sticks back in the wall rack, brush and cover tables.
6.1.3. If any of the equipment is damaged or broken; please contact the concierge on duty or the Activities Director.
Section 7. Ticket Procurement and Refunds:
7.1. Ticket Sales: The distribution of all tickets/reservations for events sponsored by The Center will be as follows:
7.1.1. Tickets shall be available on a first-come, first-serve basis.
7.1.2. The specific time of distribution shall be announced.
7.1.3. On ticket sales days, a household may purchase a maximum of four [4] tickets for a program.
7.1.4. The refund policy for a scheduled bus trip, etc., will be addressed for each event.
7.1.5. Falls Run employees may purchase tickets, if available, but only after all residents have had the opportunity to purchase tickets.
7.1.6. All children are to be treated as guests of members of Falls Run and are subject to the same rules and regulations as adult guests.
Section 8. Violation of Center Rules; Suspension of Center Privileges.
8.1. General: Violation of The Center rules may result in suspension of privileges and other sanctions imposed by the Board of Directors in accordance with Administrative Resolution # 09-09, Enforcement Policy and Procedures.
Section 9. Responsibility of Users.
9.1. Accidents to be Reported: All accidents involving injury to a person or persons, or damage to property, shall be reported immediately to the concierge on duty of the Activities Director. The Activities Director will report the accident to the Board of Directors at his/her discretion.
9.2. Responsibility for Personal Property and Persons: Each member assumes sole responsibility for his/her health, safety and welfare and for that of his/her family members and guests, all persons using The Center, through such member, and for the personal property of all of the foregoing.
9.3. Attorney’s Fees: In the event of any action or proceeding brought to enforce any one or more of these rules and regulations; the prevailing party shall be entitled to recover its attorney’s fees, paraprofessional’s fees, and court costs and expenses, both at trial and upon appeal, to addition to all other appropriate relief.
Section 10. Miscellaneous:
10.1. Committees: The Board of Directors may establish committees from time to time representing The Center’s needs.
10.2. Authority to Promulgate and Amend Rules: These rules and regulations are subject to change at any time. The Board of Directors and/or the Activities Director may amend these rules and regulations from time to time without the joinder or consent of any other person or entity. All changes to these rules and regulations shall be posted in a conspicuous place within The Center, on the Falls Run website and may be communicated otherwise to the members of The Center. All rules and regulations promulgated by the Board of Directors and/or the Activities Director shall become effective on the date determined by the Board of Directors and/or the Activities Director.
10.3. Supersession: This Administrative Resolution supersedes all previous Community Center Rules and Regulations, regardless of date.
This Administrative Resolution shall be effective on 15 April 2010.
/s/
By: Jake P. Bernard; President
I attest that the foregoing Administrative Resolution # 10-03, Community Center Rules and Regulations, dated 31 March 2010, was approved by the Board of Directors at a duly called meeting of the Board of Directors on 31 March 2010.
/s/
By: Thomas J. Whalen; Secretary