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Rules and Regulations

Heritage Highlands at Redhawk Master

Homeowners Association

RULES AND REGULATIONS


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SECTION 1    GENERAL INFORMATION

1.1  PURPOSE

These Rules and Regulations are published to aid in the governing of Heritage Highlands Homeowners Association, herein referenced as HOA.  Their purpose is to promote health and safety and provide for the use of the common areas and facilities and the personal conduct of Homeowners/Members, Guests, Qualified Permanent Residents, Renters, Contractors, Employees and Visitors. These Rules and Regulations are subordinate to the CC&Rs and Bylaws.

1.2  CAPTIONS AND TITLES

All captions, titles, or heading of the Articles, Sections, and paragraphs in these Rules and Regulations are for the purpose of reference and convenience only and are not to be deemed to limit, modify, or otherwise affect any of the provisions of or to be used in determining the intent or context of these Rules.

All captions, titles, or heading of the Articles, Sections, and paragraphs in these Rules and Regulations are for the purpose of reference and convenience only and are not to be deemed to limit, modify, or otherwise affect any of the provisions of or to be used in determining the intent or context of these Rules.

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1.3  EFFECTIVE DATE

These Rules and Regulations and any subsequent amendments shall be effective on the date adopted by the Board of Directors unless a later effective date is approved.  The Rules and Regulations may be amended or repealed in whole or in part by a majority vote of the Board of Directors.

1.4  SCOPE

A.     The Rules and Regulations shall apply to all Homeowners/Members within the boundaries of HOA  lands and properties.

B.     Homeowners/Members shall be responsible for the actions of their Guests and/or Tenants.

1.5  OFFICIAL VERSION OF RULES AND REGULATIONS

The General Manager shall maintain a current and accurate set of the Rules and Regulations, which shall be available for inspection and distribution to HOA Homeowners/Members.

1.6  SERVICE OF NOTICE

Whenever any notice is required by the Rules and Regulations to be served on any person or entity, the mailing of such notice to his or her last known address as shown on the records of the HOA shall be deemed the official mailing address and official notice.  

1.7 AUTHORITY OF THE BOARD AND MANAGEMENT

These Rules and Regulations shall be implemented by HOA Management.

SECTION 2    MEMBERS, QUALIFYING PERMANENT RESIDENTS, RENTERS  AND GUESTS

2.1  DEFINITIONS

A.     MEMBER/HOMEOWNER   (Section 1.23, 1.27, 2.1 CC&Rs)

A person, who is named on the deed of the home or lot, and by definition, shall mean any person or entity holding Membership in the HOA.

B.     QUALIFYING PERMANENT RESIDENT  (Section 1.32 CC&Rs)

A person who is 55 years of age or older and resides permanently in the home.

(See Sections 1.33 & 1.34CC&R’s regarding Qualifying Younger Resident and Qualifying Permanent Resident.)

C.  RENTER (Section 11.11 CC&Rs)

A qualified renter is defined as someone who meets the requirements for renting in Heritage Highlands as stipulated in the CC&Rs: (i) is renting for a minimum of 90 days; (ii) has an approved rental agreement on file with the HOA; and (iii) meets the age requirement for living in Heritage Highlands.

D.  GUEST (Section 1.21 CC&Rs)

A guest is defined as a non-resident friend or relative of either a member or qualified renter who is visiting Heritage Highlands at the personal invitation and with specific knowledge and sponsorship of that resident or qualified renter.

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2.2 RENTERS AND GUESTS

A.     Heritage Highlands Homeowners Association (HOA) members and qualified renters are responsible for making their guests aware of club policies, rules and procedures.

B.  Guests are ineligible for membership in HOA clubs and organizations.

C.     Each guest must comply with all rules and regulations applicable to any facility.

D.     Guests 18 years of age and younger may use the facilities only when accompanied by an adult member, qualified renter, or an adult guest. The exception to this is use of the fitness center. (See the Fitness Center policy on pages four and five.

E.     The HOA Board of Directors or General Manager may restrict the use of any facility or the attendance of guests at any function or activity.  Priority for certain events may be directed to members.

SECTION 3 TRAFFIC REGULATIONS   (Section 11.12 CC&Rs)

3.1 SPEED LIMIT

The speed limit on all HOA streets is 25 mph

3.2 FIRE CODE

HOA complies with the International Fire Code (IFC) of 1991, which requires 20 feet of clearance on its streets for emergency vehicle access.  Our streets are 30 feet wide including both curbs.

3.3 STREET PARKING

A.     Parking of all vehicles is permitted only on one side of the street only to allow the 20 feet of clearance for emergency vehicles. Parking on both sides of the street is prohibited. 

B.     Parking is prohibited within 15 feet of a fire hydrant.

C.     Overnight parking is prohibited on any HOA street, with the exception of RVs, which may be parked in front of the Owner’s Lot for a maximum of three consecutive days, not to exceed seven total days in any 30-day period for the sole purpose of loading or unloading.  RVs are required to have warning devices on both ends of the parked vehicle. (Section 11.12 B CC&Rs)

3.4  APPLICATION

These regulations apply to all vehicles including, but not limited to, resident owned and commercial vehicles, service trucks, golf cars and RVs. 

SECTION 4 PERSONAL CONDUCT (Section 13.1 CC&Rs)

4.1 CONDUCT/BEHAVIOR

A.     Members/Homeowners, Qualifying Permanent Residents, Guests and Renters must exhibit conduct which will ensure the well-being of the community.  Any action or behavior resulting in unsafe conditions or practices, discourteous conduct or any action that impairs the rights and privileges of Members/Homeowners, Permanent Residents, Guests, Renters or Employees may result in a loss of privileges and/or a monetary penalty being assessed.

B.     Loss of privileges and/or a monetary penalty may be assessed for using profane, indecent or abusive language; any physical abuse or threat; or harassment in any form against any Member/Homeowner, Permanent Resident, Guest, Renter or Employee.

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4.2 SMOKING

A.     Arizona Law prohibits smoking within 20 feet of any entrance.

B.     Smoking is not permitted in any Heritage Highlands Homeowners Association (HOA) facility, including, but not limited to, the clubhouse, gated area of the swimming pool, and tennis courts.

C.     Smoking is allowed beyond 20 feet in certain designated areas.  Cigar and cigarette butts are to be discarded before leaving these areas.

D.     Smoking is allowed on the golf course but not in the desert or dormant Bermuda areas, as fire danger is extremely high. If you do smoke on the golf course, you must dispose of your cigar and cigarette butts in your golf car.

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SECTION 5 PERSONAL PROPERTY

5.1 CELL PHONES (Facilities Use Policy adopted June 17, 2009, Section 11.4 CC&Rs)

As a courtesy to and in consideration of others, cell phones should be turned off or set on vibrate while using any of the clubhouse facilities, including but not limited to, the golf course, tennis courts, library and dining areas and while attending functions such as meetings, entertainment events and the like.

5.2  PETS(Section 11.13 CC&Rs)

No pets are allowed in any HOA facility including the golf course. The exception to the rule is any service animal.  Owners of pets who are walked in HOA common areas are required to remove waste matter.  Failure to do so may result in an enforcement process.

SECTION 6 FACILITIES (Rights and Responsibilities, Facilities Use Policy adopted June 17, 2009, Article 6 CC&Rs)

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6.1 THE HIGHLANDS BAR & GRILLE

A.  Dress is Arizona Casual.  Blue jeans and denim are acceptable.  However, workout attire, bathing suits and bare feet are prohibited.

B.  The hours of operation for The Bar and Grille vary throughout the year as posted at The Grille and provided in the monthly Highlander newsletter and on the HOA website.

C.  The Bar & Grille dining areas and banquet rooms may be open at times for special activities and private parties.

D.  Members are encouraged to charge food and beverage to their HOA account. Receipt of food and beverage must be acknowledged by signing a charge ticket, which will include the member’s name and member number. If the member does not sign the charge ticket, a gratuity of 18% will automatically be added to the charge.  Cash and credit cards are also accepted.

E.   Outside catering from any source is not permitted in any HOA facility. All catering is done by the Food and Beverage Department.   If the HOA food and beverage areas are closed, permission may be granted for outside catering by management on a case-by-case basis.

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6.2 LIBRARY

A.     There is no checkout system for the library. All returned books should be placed in the cart provided. DO NOT return books to the shelves. This function is the responsibility of the library support team.

B.     The Library/Resource Center is multi-functional serving as a library, a small meeting area, facility, a social TV room and an Internet wireless domain. 

C.     Computer stations are for use by members and qualified renters only. Users should leave the stations within one hour if others are waiting.

D.     Children 18 years and younger are not permitted to use the computers unless accompanied by a member, qualified renter or adult guest.

E.     Dress is Arizona casual. Blue jeans/denim are acceptable. However, workout attire, bathing suits and bare feet are prohibited.

6. 3 BILLARD ROOM

A.     Children 18 years and younger are not permitted in the billiard room unless accompanied by a member, qualified renter or adult guest.

B.     The room is to be returned to the same condition in which it was found.

C.     No food or beverages are allowed on the billiard table.

6.4 CRAFT ROOM

A.     All students and instructors will clean space after use: tables, shelving, etc.  Brooms, dustpans and a vacuum are available if needed.  The custodial staff will clean floors and sinks on a regular basis.  Replace all furniture to a work-station environment.

B.     No empty cardboard boxes should be left in the craft room, even temporarily.  All empty boxes are to be personally removed after your class, or place a note to the custodial staff on the box asking that the items be discarded. 

C.     Lockers will be assigned and controlled by the Heritage Highlands Homeowners Association (HOA) staff member.  Because storage is limited, use lockers and storage shelving wisely and remove projects after completion.  HOA does not assume custody of any property in storage and is not responsible for any loss or damage thereto.

D.     Ceramic and sculpture students need to be properly trained by their instructor on how to load/unload and fire the kiln and pour molds.  Only instructors and pre-approved students are to enter the kiln room.  A fee for kiln use will be assessed.

E.     Due to fire safety, no flammable products should be placed or stored in the kiln room.  Nothing should be placed on the kiln at any time.  Items waiting to be fired should be placed on the appropriate shelves in the kiln room.

F.      HOA staff will try not to schedule other events and meetings in the craft room.  However, when a meeting or event is scheduled for the craft room, students and instructors shall not enter the room for craft purposes.

G.     No artist or member is permitted to use the HOA craft room for commercial purposes.  Commercialism is defined as the mass production of the same or similar pieces for sale at outside shows or galleries.  Failure to comply will result in loss of privileges to use the facility.

H.    Room use will be prioritized based on open or closed class enrollment, as defined by the instructor.

I.       Material fees will be developed for all classes by the instructor.

J.      Instructors for all classes shall work cooperatively and communicate with each other regarding concerns and procedures in order to maintain quality programs which meet the needs of HOA members.

K.    Specific guidelines, needs and requirements for each artistic area will be established jointly by the instructor and class members.

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6.5  FITNESS CENTER

A.     Dress is restricted to workout clothes (shorts, tee shirts, bicycle shorts, jogging clothes, sweats and athletic shoes). Bathing suits and blue jeans/denim are not appropriate workout attire and are prohibited in the fitness room.

B.     The fitness area is for members, qualified renters, and guests only.

C.     No guest under the age of 14 is allowed in the fitness center.

D.    Guests between the ages of 14 and 18 must be under the direct supervision of a member, qualified renter, or an adult guest who is familiar with the proper use of the fitness equipment. Everyone using the fitness center should sign in at the fitness desk.

E.     To avoid injury, request assistance if you are not sure how to use the equipment.

F.      Use of cardio equipment is limited to 30 minutes when others are waiting.  Follow all other equipment use and conduct rules and dress code posted in the Fitness Center.

G.    Wipe down equipment after use. Paper towels and disinfectant are provided. Be courteous of others nearby when using the spray.

H.    No food, alcoholic beverages, or glass containers are allowed.

I.       Users of the facility assume all responsibility for loss or injury.  Heritage Highlands Homeowners Association (HOA) assumes no responsibility for loss or injury.

J.      Lockers are located in the restrooms in the clubhouse on the east side of the building. Lockers are provided as a temporary convenience to members and qualified renters using the pool and/or fitness center on a first-come basis. They are not to be used for permanent storage.

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6.6 SWIMMING POOL AND SPA

A.     A gate code is required for entry to the pool and spa and is issued by the HOA.

B.     To insure safety, the gates to the swimming area are to remain closed at all times.

C.     All users enter the pool enclosure at their own risk.  There is no lifeguard on duty. It is unsafe to swim alone.

D.     HOA is not responsible for lost, stolen or misplaced items.

E.     Lockers are located in the restrooms in the clubhouse on the east side of the building. Lockers are provided as a temporary convenience to members and qualified renters using the pool and/or fitness center on a first-come basis. They are not to be used for permanent storage.

F.      Beverages are allowed only in plastic containers.

G.     You must shower prior to entering the pool or spa.

H.    A bathing suit is required when using the pool and spa area.

I.       Swimming attire is not permitted in the clubhouse except swimwear with cover-up garb is permitted in the swimming pool area, locker room/bathroom and on the outdoor patio of the Grille.

J.      No adult flotation equipment is allowed, i.e. mattresses, chairs, etc. Aerobic equipment and small swim aids are permissible.

K.    No bikes, skateboards, roller blades, or roller skates are allowed in the pool enclosure.

L.     No rowdiness, running, diving, climbing on walls, swinging on gates, throwing objects, or jumping into the pool are allowed.

M.   Abusive and foul language is prohibited.

N.     Individuals with open wounds and/or a communicable disease may not use this facility.

O.    Courtesy to and consideration of others should be observed at all times.

P.      Pool Hours and Use

The pool is available for adult open swimming with the following restrictions and priorities:

1.      Pool hours and use are adjusted seasonally for energy conservation.  Specific hours will be listed on the HOA website.

2.      Special activities in the pool at specific hours include lap swimming, water aerobics and water volleyball.  Restricted use of all or part of the pool during these activities will be noted on the HOA website.

3.      Children may use the pool from 11:00 am to 4:00 pm daily unless use is restricted.

4.      Children are defined as under the age of 14.

a.    Children must always be accompanied by an adult  member, permanent resident, qualified renter, or adult guest.

b.   “Swimmies” are required for non-toilet trained children.

c.    Children may use water wings and goggles.

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6.7 TENNIS COURTS

A.  Courtesy and consideration of others along with tennis court etiquette should be observed by members, qualified renters, and their guests at all times. Players and spectators should not enter a court while play is in progress.

B.     Heritage Highlands Tennis Association (HHTA) members have priority for tennis court usage during Organized Tennis and for special events and social functions.

C.     Signup for Organized Tennis is available at the court bulletin boards.

D.     Organized Tennis is played for two hours each morning:

1.       Women – Monday, Wednesday and Friday

2.       Men – Tuesday, Thursday and Saturday

3.       Summer – Play begins at 7 am

4.       Winter  – Play begins at 9 am

5.       Dec through Apr: If more than 16 players are signed up, a 2nd session may be scheduled.

E.     Guests of Heritage Highlands Homeowners Association (HOA) members and qualified renters may use the tennis courts provided court time is not being taken from HOA members.

F.      Open tennis is available on a first-come, first-serve basis to all HOA members, qualified renters and guests.

G.     Guests 18 years of age and younger must be accompanied by a member, qualified renter or adult guest, who is responsible for the court etiquette of their guest(s).

H.    The tennis courts are to be used for tennis activities only.

I.       No food or beverages, other than water or sports drinks, are permitted on the courts. All trash should be placed in the containers located on or outside the courts.

J.      Smoking is not permitted on the tennis courts.

K.    Appropriate tennis attire shall be worn at all times.  Tennis dresses, skirts, shorts, tennis tips, collared shirts, t-shirts and tennis warm-ups are acceptable attire. Tank tops, blue jeans/denim, and cutoffs are prohibited.

L.     Only tennis shoes (no black soles) are allowed on the court surfaces.

M.   All players should leave the courts promptly when their court time expires (two hours maximum) if others are waiting to play.

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6.8 GOLF COURSE (Sections 13.1, 14.1, 14.2 CC&Rs)

A.  INTENTION OF RULES & REGULATIONS
It is the intent of the HOA to limit these rules and regulations to a minimum for Members, Guests and Visitors so that all may enjoy the golf course.  Enforcement of these rules and regulations is the responsibility of HOA management and/or staff.  Members are expected to know the HOA rules and regulations and to cooperate with their enforcement.

B.  GENERAL TERMS

1.      The HOA is not responsible for any loss or damage to any property used or stored on HOA property. The golfer releases the HOA and its staff from any and all causes of actions, claims and liability with respect to any loss or damage to any property used or stored on HOA property.

2.      All golfers shall abide by any and all rules, regulations, and policies established by the HOA. The HOA reserves the right to change the rules, regulations and policies at its discretion.

3.      Golfers shall not reprimand any HOA employee.  Complaints about service or demeanor of an HOA employee must be submitted in writing to golf management.  Remedial action will be taken as required.

C.  GOLF COURSE AVAILABILITY, USE AND RESTRICTIONS

The golf course is available to all HOA Members, Qualified Permanent Residents and Qualified Renters, as well as Guests, Visitors and the general public.  HOA Annual Golf Members (herein called Annual Pass Holders) receive first priority and all other HOA Members receive second priority when making golf tee time reservations.  The HOA Board has the right to implement a tee time allotment system.

1.      Registration
All golfers must register in the Golf Shop at least ten (10) minutes prior to the schedule tee time, or they may lose their starting time.  Golfers are responsible for the payment of all golf fees and merchandise and food and beverage purchases.

2.      Reservations

a.       The hours for use of the golf course and its facilities and Golf Shop hours are posted in the Golf Shop and the HOA website. Hours are subject to change depending on weather and/or golf course conditions.  The Director of Golf in consultation with the Golf Course Superintendent shall determine when the golf course is playable and such decision shall be final.  Information on golf course conditions is available at http://www.heritagehighlandshoa.com/ or by contacting the Golf Shop.

b.      Golfers must request tee times through the Chelsea Reservation System.  Training and instructions for using Chelsea are available from Golf Shop staff.

c.       The HOA reserves the right to make reservations up to 12 months in advance for group and tournament events. In addition, the HOA permits advance booking on a limited basis for some select hotels, resorts and golf travel agency organizations, at the discretion of the HOA Board.

d.      All HOA golfers shall notify the Chelsea system of all cancellations by noon the day prior to the scheduled tee time or by contacting the Golf Shop after the noon deadline.  Failure to do so may result in penalty points being charged to the account of the responsible golfer.

e.      The golf course may be reserved for authorized league play.  Other players will be accommodated during these times on a space available basis.

3.      Annual Golf Membership (Annual Pass Holders)

a.       All golf fees are reviewed annually by the HOA Board.

b.      Annual Pass Holders are entitled to unlimited use of the golf course and practice facilities, subject to availability.

c.       Annual golf membership does not include entry fees for special events, including but not limited to, member/guest tournaments, member/member tournaments or club championships.

d.      Annual golf membership and golf car rental fees shall be billed monthly in advance and are due when billed even if the Annual Pass Holder does not play.

e.      HOA Members and Annual Pass Holders are required to play with their Guests. Applicable Guest fees must be paid.  HOA Members and Annual Pass Holders are limited to inviting the same local Guest (fewer than 100 miles distance), to no more than two (2) times per month or 30-day period.  Out of town Guests (more than 100 miles distance) are limited to no more than five (5) times per month or 30-day period. 

f.        Golf playing privileges for annual members are non-transferable and playing privileges may be suspended or revoked for non-payment of monthly fees. 

g.      Any HOA Member or Annual Pass Holder failing to abide by any of the rules, regulations and policies of the HOA may be subject to having playing privileges suspended and/or revoked.

4.      Tournaments and Clinics

a.       The HOA reserves the right to make the golf course and practice range available for tournaments, clinics and other special events.  Use of the golf facilities may be restricted at these times.

b.      Only the professional golf staff is permitted to provide golf instruction unless otherwise authorized by the Director of Golf.  Lessons should be scheduled through the Golf Shop.  Lessons not cancelled at least twenty-four (24) hours in advance may be subject to a fee.

c.       No golf tournaments of any kind or play by any group of five (5) persons shall be permitted unless approved in advance by the Director of Golf.

d.      Handicaps must be used in all organized competition.  To establish a USGA handicap index, consult the Golf Shop.  An annual fee is charged to maintain a USGA handicap index, which includes AGA or AWGA membership.  Players with handicaps are required to post adjusted scores on one of the handicap computers at the Golf Shop or via the Internet. Ask for details on handicaps and Internet posting at the Golf Shop.

5.      Equipment and Attire

a.       Each golfer must have a set of golf clubs.  Sharing is not permitted.

b.      Proper attire is required on the course and practice facilities.

i          Men: Collared golf shirts (at least 1.5” collar), with sleeves, golf or Bermuda shorts or slacks.  No denim of any color.

ii        Women: Ladies sleeveless, short or long sleeve golf shirts, with or without collars are acceptable. Sleeveless golf shirts without a collar must have at least three (3) inches of fabric covering the shoulder. Golf or Bermuda shorts, skorts or skirts may be worn with a hem no more than six (6) inches above the knee.  No denim of any color.

iii      Tee shirts, tank tops, blue jeans/denim, cutoffs, jams, sweat pants, tennis shorts, short shorts and bathing suits are not permitted on the golf course or practice facilities by anyone.

iv      Only golf shoes with non-metal alternative cleats or other approved soft-soled shoes shall be worn on the golf course and practice areas.  The Golf Shop must approve other types of shoes.  Shoes must be worn at all times.

6.      Golf Car Use
Golf cars are very tough on the turf.  Keeping the golf course in top condition requires the cooperation of all those who play.  Help protect the golf course by driving in a responsible manner.

a.       Only golf cars provided by the HOA or otherwise approved to operate on HOA property will be permitted on the golf course.

b.      The Director of Golf and the Golf Course Superintendent will decide when the golf course turf is able to handle golf car traffic and may restrict use to cart paths only.  Golf cars shall remain on golf car paths when required. 

c.       Golf cars shall not be driven or parked within 30 feet of greens, unless they are on a cart path. 

d.      Golf cars should be driven across fairways in a scattered pattern, avoiding soft areas. 

e.      Traffic regulations and golf course directional signs must be obeyed at all times, unless made an exception by the Medical Flag procedure.

f.        HOA owned golf cars may be used on the golf course only during approved hours of golf play, unless otherwise authorized.

g.      HOA owned golf cars may be operated only by persons having a valid driver’s license.

h.      A maximum of two (2) riders and two (2) golf bags per golf car is allowed.

i.        The right to use a privately owned golf cars on the course is granted by the HOA and is a non-assignable license and personal right.  The HOA may terminate this license and right at any time.

j.        Privately owned golf cars to be used on the golf course must be approved annually by the Director of Golf for appearance and comply with standards for course protection as determined by the HOA Board and/or HOA Management. 

k.      All privately owned golf cars must be four-wheel, battery- powered vehicles.

l.        Members with private golf cars are required to ensure that individuals operating the golf car do so in a safe and prudent manner, whether on the golf course or on HOA private streets, in accordance with all traffic regulations.

m.    Privately owned golf cars shall only be driven on the golf course when the golf course is open for play.  Golf car traffic on the golf course is restricted to nine and eighteen hole rounds of play.  Starting times must be scheduled as provided herein. (See below for exceptions.)

n.      No privately owned golf cars will be repaired by HOA staff nor stored or recharged at HOA facilities.

o.      The course closes for approximately three (3) weeks in the fall (September/October) for overseeding.  Golf staff will enforce a mandatory, no exceptions, cart path only policy for approximately thirty (30) days after reopening.  HOA golf management will decide when golf cars will be permitted back on the golf course turf.

p.      Golf cars are operated at the risk of the driver.  The cost of repairing any damage to golf cars or the golf course resulting from improper operation will be charged to the Member at the time the damage occurs. Each Member is responsible for any Guest causing damage.

q.      Medical Flags
Violation of these rules may result in immediate suspension of playing privileges.

i.        Golf cars are to remain on the cart path on holes 4, 7, 12 and 17. On all other holes, use a scattered driving pattern when not on the cart path.

ii.      Golf cars are to remain at least thirty (30) feet from the greens. 

iii.    Do not park directly in front of the green or on the tee box.

iv.    Golf cars are not allowed on the south side of the lake on Hole 15.

v.      HOA golf management will issue medical flags as follows:

a)      A doctor’s certification or State issued disability auto tag must be provided.

b)      A non-fundable $20.00 fee is charged for each flag.

c)      Blue Flag: Permanent and valid January through December, renewable annually.

d)      White & Red Flags: Temporary for up to ten (10) days. Flags should be returned to the Golf Shop at the end of the ten (10) day period.

D.  SPECIAL USE OF THE GOLF COURSE

1.      Jogging, bicycling and walking of dogs are not permitted on the golf course or golf car paths except as provided in the “Walk on the Wild Side” program.

2.      No fishing is allowed in the lakes on the golf course unless authorized by HOA management.

3.      “Walk on the Wild Side” Program

So that all Members, Qualified Residents, Qualified Renters and Guests can enjoy the beauty of the golf course, the HOA allows use of the golf course cart paths as follows:

a.       The golf course is open to HOA Members Thursday morning between sunrise and 11:00 am unless otherwise restricted by HOA management.

b.       A Member, Qualified Permanent Resident or Qualified Renter must accompany any Guests.

c.       Anyone on the golf course during this time must remain on the cart paths.

d.       Use is restricted to walkers and golf cars only. Pets and other modes of transportation are not permitted.

e.       Golf course maintenance staff and vehicles have the right of way.

f.        Be aware that the golf irrigation/sprinkler system may run at any time.

E.  GOLF COURSE PLAY

1.      All play shall start at the Number One and/or Number Ten tee or as a shotgun unless otherwise authorized.  Under no circumstances shall players start play randomly.

2.      In the event that play is involuntarily discontinued due to weather or closing of the course, non-annual pass holder players will be issued a credit for golf charges paid for such rounds as follows: fewer than three (3) holes played – full credit; more than three (3) holes but fewer than twelve (12) holes played – fifty percent (50%) credit; twelve (12) or more holes played – no credit given.

3.      Practice is restricted to designated practice areas.  No practice or second shots are permitted on the golf course.

4.      Ball hawking is not permitted on the course.

5.      Balls may be retrieved from water hazards from their perimeters only. No wading into water hazards or lakes shall be permitted.

6.      The USGA Rules of Golf shall govern all play, except as modified by local rules.

7.      USGA golf etiquette shall be practiced at all times.

8.      Pace of play is monitored and guidelines are available from the Golf Shop.

9.      No player shall have more than one (1) ball in play at any time.

10.  All players shall repair ball marks on greens, repair divots and rake smooth sand bunkers before moving to the next tee.  Bunker rakes are to be placed outside the bunker after use.

11.  Players stopping between nines must obtain permission from the Golf Shop to resume play if they miss their position on the tee.

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SECTION 7  RESERVATIONS AND CATERING

(Facilities Use Policy adopted June 17, 2009)

A.     Special Events

Purchase of tickets for HOA sponsored events can be made at the reception desk.

Cancellation of attendance with a full refund must occur 48 hours prior to the event.

B.     Special Parties/Catering

Arrangements for catering for special and/or private events/parties may be planned through the Food and Beverage Department.     

SECTION 8 SPACE/EQUIPMENT RENTALS AND FEES (Section 13.1, 13.2 CC&Rs)

8. 1 RENTAL

A.     Organizations may rent space at HOA facilities when it will not unduly inhibit the ongoing activities of the members.

B.     Private functions by members who choose to invite non-HOA members will be considered rentals and subject to fees.

C.     Rentals that are not consistent with HOA organization will be rejected by HOA management on a case-by-case basis.

D.     HOA does not permit groups to hold fundraisers without written approval in advance from HOA.  Programs or activities such as concerts, movies, dances and other similar events, competing with HOA, will not be approved as fundraisers.

E.     HOA does not permit political meetings or debate without approval in advance from HOA.  An elected official or candidate should be present at such meetings or debates.  Political petitions, public referendums, initiatives and other material may be distributed within the meeting only.  Official government meetings, debates or other activities, such as voting, are permissible at HOA facilities.  Materials may be distributed during those events but must be removed at the conclusion of the event.

F.      HOA may rent its facilities, if approved by the HOA management, for community activities from which the members will benefit.

8.2  SPACE RESERVATION

A.     All requests to reserve space in HOA facilities are made through the HOA office in person, by mail or by telephone.

B.     Any individual or group making the space reservation must review and sign the Facility Use Agreement.  This serves as the contract for the space reserved and is the final verification of the reservation.

C.      Reservation priorities are established as follows:

1.      Annual festivals and performances

2.      Regularly scheduled club events (weekly and monthly)

3.      Recreation Staff (special events, classes, concerts and other programs)

4.      Annual community events

5.      One-time special event or party

6.      Private resident function

7.      Community and annual rentals

8.3  HERITAGE HIGHLANDS HOMEOWNERS ASSOCIATION (HOA)

MANAGEMENT AUTHORITY

A.     HOA management reserves the right to deny space to any individual or group when it places HOA in an undue position of liability, or when there is a risk of damage to the facility and/or its contents.

B.     HOA reserves the right to use its facilities for any HOA sponsored event of community interest, which supports and benefits members.

C.     HOA management is authorized to develop and implement facility use fees to offset the direct cost of such activities.

D.     All meeting room use must be authorized before occupancy.

E.     HOA management is authorized to prohibit commercial usage of the facilities.

F.      HOA management is authorized to monitor facilities to ensure proper use by members and their guests. 

G.     Volunteers may be solicited by the HOA to assist in operational capacities.

H.    HOA management is authorized to rent facilities to HOA members at a fee for private sales, weddings, socials and banquet activities, and to outside organizations/businesses for activities consistent with the HOA mission.

8.4  HOA EQUIPMENT

A.     HOA will maintain adequate levels of equipment to serve the ongoing needs of all activities.

B.     Equipment is not available for off-site rental.

C.     Use of the HOA piano must be authorized through HOA management.

D.     Only authorized personnel and trained members are permitted to operate audio visual equipment.

8.5  FACILITY USE FEES  (Facilities Use Policy adopted June 17, 2009)

A.     In general, no facility use fees are charged to HOA member groups.

B.     A facility use fee structure is established for outside organizations.

C.     Rate sheet is available from HOA management.

D.     Rental Cancellation: 

1.      HOA has the right to cancel a rental facility reservation contract for just cause with at least 24-hour notification and written confirmation.

2.      HOA is to be notified of a cancellation at least seven days prior to the reserved date.  A cancellation fee may apply. Rental groups who do not give at least a two-day notice will be required to pay the full rental fee.

E.   Insurance and Liability

1.      All non-member groups are liable for any damage to the premises, the furniture or other contents due to negligence or willful misconduct.

2.      All non-member groups are liable for any injury to any individual due to negligence or willful misconduct.

3.      HOA encourages non-member groups to acquire special event liability insurance in a minimum amount of 1,000,000 when planning large one-time events.

4.      HOA liability, property and any other insurance maintained by HOA does not include coverage of any nature whatsoever in favor of non-member groups and community service organizations.

5.      HOA does not provide worker’s compensation to outside entities.

SECTION 9 STORAGE (Facilities Use Policy adopted June 17, 2009)

A.     Limited storage is available at HOA facilities.

B.     Use of HOA storage areas must be approved by HOA management or staff.

C.     HOA does not assume custody of any property in storage and is not responsible for any loss or damage thereto.

D.     HOA reserves the right to assign, change and limit storage space.


SECTION 10 SIGNAGE (Board Resolution 09-10)

A.     Size of “For Sale” and “For Rent” signs will be in compliance with the Arizona Planned Communities Act (A.R.S. 33-1808F) which specifies that these signs shall not exceed the industry standard of 18” x 24”. 

B.     Only one (1) sign shall be permitted per Lot, positioned directly in front of the house on the Lot.

C.     Sign color shall be the standard colors used by local real estate companies or similar.  No iridescent or unreasonably bold colors will be allowed.

D.     Signs must be of professional quality and appearance, or Realtor® supplied.  No handwritten, non-professional signage will be allowed.

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SECTION 11 WASTE DISPOSAL (Section 11.8 CC&Rs)

A.     All owners/members must subscribe for waste disposal with the waste disposal company under contract with the HOA.

B.     Owner/member may use receptacles provided by the contracted company or purchase their own.

C.     All trash must be placed in a closed receptacle.  Plastic trash bags are not to be placed at the curb for pick up.  Recyclables may be placed at the curb in the open recycle bin.

D.     Owners/members may place receptacles at the curb the night before pick-up but not sooner than 5:00 pm.  All receptacles must be stored out of sight of neighbors, the streets or common areas not later than 8:00 pm on pick-up day.

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SECTION 12 ENFORCEMENT AND ASSESSMENT PROCESS

(Section 16.1, 16.13 CC&Rs, Section 33-1803B of the Arizona Revised Statues)

A.     The Members of Heritage Highlands Homeowners Association (HOA) and all others using HOA facilities, shall be bound to comply with all governing documents of the HOA. The HOA, through its Board of Directors and in accordance with Article XVI, Section 16.1 of the Covenants, Conditions and Restrictions (CC&Rs), shall promulgate and enforce the provisions of the Articles, Bylaws, HOA Rules and Regulations, CC&Rs and the Architectural and Landscape Guidelines of the HOA.

B.     Written notification of any violation of the governing documents by a Member or Member’s Guest, and/or Renter shall be provided to the Member. (Section 16.13B of the CC&Rs and Section 33-1803B of the Arizona Revised Statutes). The written notification shall provide at least the following information: a) the provision from the community documents that has allegedly been violated. b) The date of the violation or the date the violation was observed. c) The first and last name of the person(s) who observed the violation. d) The process the member must follow to contest the notice.

C.     A member who receives a written notice of violation of community documents without regard to whether a monetary penalty is imposed by the notice may provide the HOA with a written response by sending the response by certified mail within ten business days after the date of notice.  The response shall be sent to the address contained in the notice.

D.     In accordance with Section 33-1803(B) of the Arizona Revised Statutes, the HOA may, after written notice and opportunity for Hearing to the Member, impose monetary penalties for violation of its governing documents, which may also include restitution, restoration or reimbursement of any costs incurred.

E.     There are a series of procedures, which the member and the HOA must follow once this process has started.  These procedures may be obtained from HOA management by the member being cited. 

Monetary penalties, if accessed, will be determined by the HOA Board and General Manager based on the violation which has allegedly occurred.

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Homeowner Forms

12/18/2009

 

This page was last updated on 12/15/2009
Sun Jan 10 2010

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