APPROVED AND REVISED BY THE BOARD OF DIRECTORS - March 25, 2021 - March 2021
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
RULES, REGULATIONS, POLICIES, PROCEDURES AND COMPLIANCE American Ranch Office Hours Monday through Friday 8:30 a.m. – 4:30 p.m. Closed for holidays After hours emergency 928-443-3593 Approved by the Board of Directors – Updated March 2021 2
Table of Contents RULES AND REGULATIONS Page 1.0 SUMMARY 4 2.0 PURPOSE 4 3.0 GENERAL RULES 5 4.0 RANCH HOUSE 10 5.0 TENNIS COURT 13 6.0 LAKE 14 7.0 POOL 14 8.0 FITNESS ROOM 15 9.0 CHILDREN’S PLAY AREA 15 10.0 TRAILS 16 11.0 ROADS 17 12.0 RANCH CAMP 17 13.0 COMMUNITY GARDEN 18 14.0 EQUESTRIAN CENTER 19 POLICIES, PROCEDURES AND COMPLIANCE 15.0 COMPLIANCE PROCEDURE 24 16.0 FINE POLICY 28 17.0 COLLECTION POLICY 29 18.0 DISPUTE RESOLUTION POLICY 30 ATTACHMENTS I. FACILITY EXCLUSIVE RENTAL USE AGREEMENT 32 II. TRAIL MAP 34 III. TIPI RESERVATION FORM 35 IV. GENERAL MEMBER LIABILITY RELEASE 36 V. GUEST LIABILITY RELEASE 38 VI. VIOLATION COMPLAINT FORM 40 EQUESTRIAN CENTER DOCUMENTS I. HELMET WAIVER 41 II. EQUESTRIAN LIABILITY WAIVER 42 III. EQUESTRIAN BOARDING CONTRACT 44 IV. EQUESTRIAN MENU OF EXTRA SERVICES 54 Approved by the Board of Directors – Updated March 2021 3
American Ranch Community Association Rules 1.0 SUMMARY In accordance with the American Ranch Community Association (ARCA) Declaration of Covenants, Conditions and Restrictions (CC&Rs), Section 5.3 and Article 1 – Definitions, the Board of Directors of the Association (Board) may adopt, amend or repeal rules and regulations (Association Rules) pertaining to the management, operation and use of Areas of Association Responsibility, including any recreational facilities situated upon the Areas of Association Responsibility. Areas of Association Responsibility include all Common Areas of the Association. These Association Rules, along with the ARCA CC&Rs, Supplemental Declarations, Plats, Articles of Incorporation, the Bylaws and Architectural Guidelines, constitute the Project Documents of the ARCA. Under Section 5.3 of the ARCA CC&Rs, Association Rules shall be enforceable in the same manner and to the same extent as the CC&Rs. The Association Rules, as adopted, amended or repealed from time to time, are intended to ensure the safe and secure use and enjoyment of Areas of Association Responsibility by ARCA members in good standing. Any conflict between Association Rules and ARCA CC&Rs shall be resolved in favor of the ARCA CC&Rs. Any conflict between Association Rules or ARCA CC&Rs and applicable statutes shall be resolved in favor of the statutes. To provide the Board with a manageable means of adopting, amending and repealing Association Rules and to provide the Members of the ARCA a convenient means to know and understand Association Rules adopted by the Board, expected compliance and the consequences of non-compliance, the Board has developed this document, which contains all current Association Rules of the ARCA. Association Rules are organized below under the categories of “General”, meaning they apply to each and every Area of Association Responsibility, along with each of the ARCA’s primary Common Areas as defined below. Fitness Room; Billiard Room; Ranch House; Tennis Court; Pool; Pool Area; Sand Volleyball Area; Basketball Court; Equestrian Center; Ranch Camp; Grassy Field; Ranch Camp Picnic Area; Lake and Surrounding Land; Children’s Playground; Roads; Community Trails 2.0 PURPOSE Association Rules are included in the sections following. Beyond defining the rules members are expected to comply with, the Board has included the reasoning and basis for the rules as presented and the expected outcome of compliance with the rules. Rules fall into the three general categories (a) prohibition of certain actions or behaviors that create safety, security or liability concerns to the community and its members or the loss or damage of Association property and equipment; (b) compliance with certain processes to ensure fair and equitable use and enjoyment by the majority of the ARCA members; (c) compliance with behaviors and professional conduct to ensure the enjoyment of Areas of Association Responsibility and the proper interaction among Association members, employees and contractors as well as the protection of minors. Approved by the Board of Directors – Updated March 2021 4
3.0 GENERAL RULES THAT APPLY TO ALL AREAS OF ASSOCIATION RESPONSIBILITY AND LOT OWNER RESPONSIBILITY 3.1 Improper Treatment of Residents, Employees and Contractors It is the policy of the Association to create and maintain an environment free of harassment. The Association will not tolerate hostility or favoritism toward an individual based on race, color, creed, sex, national origin or age. Furthermore, the Association will not tolerate hostility toward any individual. The Association will not condone such behavior by or from any Member, Resident, Lessee, guest, invitee, Board member, or staff personnel in any form. (For Sections 3.1.1 through 3.1.4, the term “Member” shall collectively mean any Member, Resident, Lessee, guest, or invitee.) 3.1.1 All Members shall refrain from harassing other Members, Board members, management staff, and contractors of the Association. Members shall not in any way harass threaten, or otherwise attempt to intimidate any Member, Board member, management staff, or contractors of the Association. 3.1.2 All Members shall refrain from interfering with the duties of Board members, management staff and contractors of the Association. No Member shall interfere with the duties of the management staff or any contractor performing a contract in process. All communications with contractors must go through the President of the Board or management staff, or must otherwise be in accordance with Board policy. 3.1.3 All Members shall show respect to fellow Members, Board members, and management staff. 3.1.4 Members shall report to management staff any inappropriate and discourteous conduct, or conduct believed to be in violation of this Policy, according to procedures established by the Association. 3.1.5 All Members shall be responsible for the conduct of their Residents, Lessees, guests and invitees while on the Property. Members shall be responsible for ensuring that their Residents, Lessees, guests and invitees comply with this Policy and all governing documents. 3.1.6 Violations of Policy: Any Member who is found to be in violation of this Section 3.1 will be subject to appropriate remedial action, including, but not limited to, injunctive relief being sought against him/her, fines, and suspension of membership privileges. Furthermore, such Member shall be responsible for any violations of this Section 3.1 by such Member’s Residents, Lessees, guests, and invitees, and the Association may pursue the Member for violations by such Member’s Residents, Lessees, guests, and invitees. Such remedial action shall be at the sole discretion of the Board of Directors. Further, the Association shall seek to hold the Member responsible for any attorney’s fees incurred by the Association in such enforcement effort. Approved by the Board of Directors – Updated March 2021 5
3.2 Members may not under any circumstances represent to anyone they are acting as an authorized agent of the Association or the Board. No Member is authorized to enforce the governing documents on behalf of the Board. 3.3 Members are not authorized nor entitled to conduct “patrols” of the Association roads or common areas. 3.4 Any Association member with a past due account (including fines, late fees, interest, etc.) that is greater than 60 days in arrears will have their community access card(s) deactivated for the use of all amenities. Restriction from the use of community amenities will remain in effect until such time as the member’s account is brought to a “fully paid” status or payment plan established and current on terms of that plan. 3.5 Association members with past due accounts may not vote in Board elections or any matter pertaining to the Association. 3.6 All owners shall pay the same monetary amount for assessments per individual lot. If an Owner owns multiple lots they will continue to owe full assessments for each lot they own in the Association. If the Owner combines adjoining lots through Yavapai County (with prior approval from the ARC) to create one parcel they will continue to owe full assessments for each lot. 3.7 Guests 3.7.1 Owners may have up to 10 guests utilizing Ranch House facilities or any common area (excluding the pool & fitness room) before they are required to reserve and rent the facilities through the Community Manager or Manager’s assistant. This limitation does not apply to meetings of groups or committees sanctioned by the Board of Directors. Members having a group of larger than 10 will be required to exclusively reserve and rent all or a portion of the amenity used. 3.7.2 Pool guests are limited to 5 per lot. Fitness room guests are limited to 2 per lot. Exceptions may be granted by Management staff for a limited number of immediate family members. 3.7.3 Guests must sign release forms or have signed release forms on file with the Community manager or EC Manager prior to using Ranch equipment or facilities, including the Equestrian Center. 3.7.4 Guests must register with the Community Management Staff and be accompanied by a resident while enjoying use of amenities at American Ranch. 3.7.5 Unaccompanied guests must be authorized in advance by the Resident and the Community Management Staff. 3.8 Residents are responsible for conveying Ranch Policies to their children and guests and are accountable for the conduct of their children and guests at all times. Approved by the Board of Directors – Updated March 2021 6
3.9 American Ranch is not responsible for missing articles. Personal items found by staff will be held for three months, after which they will be donated to local charity. 3.10 American Ranch is located adjacent to the Prescott National Forest and American Ranch and the Prescott National Forest contain many species of insects, reptiles and other animals. Animals indigenous to the area, including, without limitation, scorpions, snakes, spiders, bobcats, hawks, javelina, bears, mountain lions and antelope, may be found throughout the Prescott National Forest and the natural areas of American Ranch and may enter upon the residential and recreational portions of American Ranch from time to time, each Owner, Lessee, and Resident, for itself and its families, invitees and licensees, assumes the risk that such animals may be present and may present danger. The Association nor any director, officer, agent or employee of the Association shall be liable to any Owner, Resident, Lessee or its family, invitees or licensees for any claims or damages resulting, directly or indirectly, from the existence of such animals within American Ranch. 3.11 Owner Responsibility 3.11.1 Residential Use. No lot, property or structure within American Ranch shall be used for the purpose other than as a single-family residence. No gainful occupation, profession, trade or other non-residential use shall be conducted on any such lot unless allowed by Federal Law. 3.11.2 Rentals. Owners shall have the right to rent their homes in accordance with the laws of Yavapai County with a minimum of a six month lease. Owners who are leasing or renting their property have the responsibility to inform their tenant of the Declaration and Regulations. Owners may be held responsible for tenant or guest who are in violation of the documents. 3.11.3 Improvements and Alterations. No improvements, alterations, repairs, excavation or other work which in any way alters the exterior appearance of any lot, property or structure within American Ranch, shall be performed without prior approval of the American Ranch Architectural Committee (“ARC”). Please review the American Ranch Architectural Rules and Guidelines for specific information relating to changes to the exterior appearance of any lot, property or structure. 3.11.4 Landscape Maintenance. It is the duty and obligation of each lot Owner to at all times maintain the yard and the landscaping, shrubs, trees, grass and plantings on the Owner’s lot in a weed free, neat and clean condition and repair. Any damage or destruction to the landscaping, shrubs, trees, grass or plantings thereon, which damage or destruction is visible from any neighboring property or the street, shall be promptly repaired. All lots shall be kept free of dead or infested trees and other vegetation and mowed in an attractive manner. No Owner shall permit anything or condition to exist upon any lot that shall induce, breed or harbor infectious plant diseases or noxious insects. No Owner shall remove, alter, injure or interfere in any way with any landscaping, shrubs, trees, grass or plantings on the Common Area. Approved by the Board of Directors – Updated March 2021 7
3.11.5 Repair of Buildings. No improvements upon any lot, property or structure shall be permitted to fall into disrepair and each such building and structure shall at all times be kept in good condition and repair and adequately painted or otherwise finished. 3.11.6 Trash Containers and Collection. No garbage or trash shall be placed or kept on any property except in covered containers of a type, size and style which are approved by ARC. At no time shall such containers be stored or maintained so as to be visible from neighboring property or the street except to make available for collection and then for only the shortest time reasonably necessary to effect such collection. Incinerating trash or rubbish of any kind is prohibited on any lot. 3.11.7 Machinery, Equipment, and Other outside Storage. No machinery or equipment of any kind shall be placed, operated or maintained upon or adjacent to any Lot except as otherwise being utilized for a maintenance or construction of buildings, installation or improvements to landscaping. Personal property other than barbeques and lawn and/or deck furniture may not be stored outside a residence or garage unless totally screened from view from neighboring properties. 3.11.8 Basketball Goals and Backboards. No basketball hoop, goal or backboard shall be constructed or installed on any Lot without prior written approval of the ARC. 3.11.9 Playground Equipment. No jungle gyms, swing sets, trampolines or similar playground equipment which would be Visible From Neighboring Property shall be erected or installed on any Lot without the prior written approval of the ARC. 3.11.10 Lights and Noise. No spotlights, floods lights or other high intensity lighting shall be placed or utilized upon any Lot which in any manner will allow light to be directed or reflected unreasonably upon any other Lot. No radio, television or other speakers or amplifiers shall be installed or operated on any Lot so as to be audible from other Lots, the Common Area or streets. 3.11.11 Clothes Drying Facilities. Outside clotheslines or other outside facilities for drying, airing or hanging clothes, sheets, blankets or towels shall not be erected, placed or maintained on any Lot or residence. 3.11.12 Installation and Maintenance of Flags & Flag Poles. Must be submitted and approved by ARC before installation. Please refer to ARC Guidelines for installation requirements. 3.11.13 Animal Complaint Procedures. The following regulations deal with commonly reported animal related problems but are not meant to be all inclusive. Any written complaint received by the Association or HOAMCO will be dealt with on an individual basis as to the merits of the complaint. Approved by the Board of Directors – Updated March 2021 8
• Vicious Dogs/Dog Attacks: Residents are required to immediately report all incidences of dog attacks to the Prescott Animal Control and the Yavapai County Sheriff’s Department. • Barking Dogs. When a written complaint is received by the Association or HOAMCO, the complaint shall be directed to seek the help of the city of Prescott Animal Control department. Upon presentation of proof that the Animal Control department either took no action or did not solve the problem, the American Ranch Compliance Policy may be initiated. • If, however, written complaints are received by the Association or HOAMCO from two or more residents who live in the vicinity of the home in which the barking dog(s) resides, the Board may direct that the Compliance Policy be initiated. 3.11.14 Parking. Overnight parking is NOT PERMITTED on any street in American Ranch. Residents and guests must use the driveway, the garage or an approved designated parking pad on their lot for parking. If daytime on-street parking is necessary because driveway and garage parking is fully utilized, parking is along on one side of the street only with Association approval. The only parking allowed anywhere on a lot is in a garage, in a driveway or on a designated parking pad which has been approved by ARC. • RVs may be granted overnight parking from the Association or its community manager for parking a total of four (4) nights per month for the purpose of loading, unloading or cleaning, to be taken one (1) night (24 hours) or two (2) nights (48 hours) periods at a time (but not consecutively), at the option of the homeowner. Every effort should be made by the RV owner to park in a driveway or parking pad on the owner’s or host’s lot, or if that space is not available on a cul-de-sac, or on a street. In the case of on-street parking, the RV owner must provide as much clearance as possible for passing vehicles and acquire a parking pass from the community manager. RV owners are requested to make a reasonable effort to minimize RV parking within American Ranch. 3.11.15 Towing of Vehicles. The Board shall have the right to have any Motor Vehicle, trailer, camper shell, detached camper, boat, boat trailer, horse trailer or similar equipment or vehicle which is parked, kept, maintained, constructed, reconstructed or repaired in violation of the Project Documents towed away at the sole cost and expense of the owner of the vehicle or equipment. Any expense incurred by the Association in connection with the towing of any vehicle or equipment shall be paid to the Association upon demand by the owner of the vehicle or equipment. If the vehicle or equipment is owned by an Owner, any amounts payable to the Association shall be secured by the Assessment Lien, and the Association may enforce collection of Approved by the Board of Directors – Updated March 2021 9
said amounts in the same manner provided for in this Declaration for the collection of Assessments. 3.11.16 Wildfire Protection. Open Burning Restriction. Owners are prohibited from burning any materials on their lot with the exception of burning wood logs in a wood burning unit as approved by the ARC Committee. Open burning of trees, logs, stumps, leaves, grass, brush, or other debris is strictly prohibited. American Ranch and the surrounding National Forest are located in an area subject to extreme fire hazards. 4.0 RANCH HOUSE COMPLEX The Ranch House Complex has been created to provide a place for resident gatherings to share the American Ranch lifestyle, and includes the Great Room, the Billiards Room, the Game Room, Kitchen, Pool, Fitness Center, Children’s Play Area, the Lake, Tennis Courts, Sand Volleyball Area, and Basketball Court. It is important to respect others who are using any of the areas of the Ranch House complex. Please note the Ranch House facilities are under 24 hour video camera surveillance. Failure to comply with the rules or regulations may result in a fine or other significant remedy. 4.1 Ranch House Rules 4.1.1 Facilities hours of operation are from 6 AM - 10 PM, seven days per week. 4.1.2 The Community Manager Staff are typically onsite Monday-Friday to provide assistance to owners. 4.1.3 During the hours of operation, a controlled access system is available for entry into the Great Room, Billiards Room, Game Room, Fitness Room, and Pool area. 4.1.4 Clean up. Please use consideration and clean up personal items after use. 4.1.5 Home Theater, Baby Grand Piano/CO feature, sound system programming- please see the Community Manager Staff for special requests. 4.1.6 Kitchen - range, oven, microwave, coffee pot, BBQ Grill and other appliances must be properly cleaned and turned off after use. 4.1.7 Skateboards, skates, scooters and bicycles may not be ridden under any circumstances on any walkway or porch at the Ranch House, on the tennis courts, sand volleyball area, or in the pool area. 4.1.8 Bicycles must be placed in the bike rack when using Ranch house facilities. 4.1.9 The Ranch House is Wi-Fi enabled. Please contact Ranch House office staff for further instructions. 4.1.10 Smoking is not permitted except outdoors and away from the company of non- smokers. Approved by the Board of Directors – Updated March 2021 10
4.1.11 All children under the age of 5 must be accompanied by an adult at all times. 4.1.12 No pets allowed inside facilities (other than Personal Assistance Animals). 4.1.13 The Member Directory and Ranch facilities may not be used for business solicitation, commercial purposes or political purposes without prior approval of the Board. 4.2 Regulations for Ranch House Reservations for Resident Gatherings (exclusive events). Members of the American Ranch Community Association (ARCA) may reserve the Ranch House for private events for the entertainment of relatives and friends. Members may not sponsor events for individuals who are not immediate family members unless pre-approved by the Board of Directors. The member accepts Full Responsibility for any and all actions of those present at the event. The sponsoring member must also be present for the entire duration of the event. The Ranch House is not permitted to be used for any commercial, for-profit business, or political activities without specific approval from the Board of Directors. The Board of Directors (BOD) reserves the right to decline rental of the Ranch House to any group, organization, association, or member determined to be in non-compliance from a previous Facility Use Agreement. A minimum of a forty eight (48) hour notice, during business hours, is required to rent the Ranch House. 4.2.1 All reservations will be on a first-come, first-serve basis. 4.2.2 In consideration of others living at American Ranch, the Ranch House will only be available for rental two (2) weekend days and two (2) week days per month. 4.2.3 For large events (over 10 attendees), a proposal is to be submitted to the Management Staff for consideration, including a fully-executed Facility Use Agreement. 4.2.4 All American Ranch events will be scheduled through the Community Management Staff. 4.2.5 The Facility Use Agreement, including specific event details, deposits and fees, is to be submitted directly to the Community Manager or Manager’s assistant. 4.2.6 The following dates are restricted from exclusive rental: Easter, Memorial Day, 4th of July, Labor Day, Thanksgiving and Christmas. Non-available dates shall include any of the adjacent days when the holiday date creates a three day weekend. 4.2.7 The Ranch House facility is rented for exclusive use for a fee of $100.00 per hour, including time for set-up and take-down. Use of the pool and Ramada facilities is open to all ARCA members and guests during regular hours except for rare total facility functions that have prior Board of Director approval. Approved by the Board of Directors – Updated March 2021 11
Ranch house hours of availability are from 7:00 AM to 10:00 PM. Members renting the facility will make a realistic estimate of the total time for set-up, event and take-down. Payment is required in advance. In addition, a $1,000.00 refundable damage and cleaning deposit must be presented together with the rental fee two weeks prior to the event (Check made payable to the American Ranch Community Association). At the time the cleaning deposit and rental fees are collected, the staff and Member will conduct a pre-event walk- through to review event details, inspect the premises for any existing issues or defects, and review post-event cleanup requirements. Post event checklist shall be completed on the day following the event with an AR staff member and must be signed by both member and AR staff. In no event will refundable deposits be dispersed prior to a post event inspection by the AR Manager or designated staff. 4.2.8 Following the event, facilities shall be cleaned per the checklist provided to the member at the time of the pre-event walk-through. The facilities must be left in presentable and satisfactory condition suitable for resumption of normal use by the membership. Cleanup must be no more than 12 hours after the event. Furniture or other items brought to the Ranch house for an event shall in all cases be removed no later than 10:00 AM the following day of an evening event (Including Sundays). Day events shall remove additional items prior to leaving the premises. Rental damage deposit will be returned within the week following the event as long as: 1) The facilities are cleaned in a manner satisfactory to AR Manager or designated staff (requiring no additional cleanup); and 2) There are no damages to the facilities, furniture, or equipment as a result of the event and 3) The event is in compliance with the rental agreement. 4.2.9 If the facilities are not properly cleaned or there is apparent damage, or the event is found by the BOD to be in non-compliance, the deposit or a portion thereof shall be automatically forfeited and the entire cost for any cleaning or repairs shall be the sole responsibility of the Member who executed the Facility Use Agreement. The Board of Directors reserves the right to charge a Member for damage and loss over and above the cleaning or damage deposit. 4.2.10 Non-Compliance violations are as follows: • Member Sponsor not present for entire event. (Excludes set-up and take- down). • Misrepresentation of activities on Facility Use Agreement. • Significant number of guests in excess of that indicated on Facility Use Agreement. • Damage in excess of $1,000. • Law enforcement officials required at event for any reason. By signing the rental agreement, Member consents to the terms contained herein and agree to abide by the following additional rules to the Facility Use Agreement: Approved by the Board of Directors – Updated March 2021 12
4.2.11 No pets or animals are allowed within the Ranch House complex. 4.2.12 Member is responsible for providing his/her own cleaning supplies. Only those approved and listed in the clean-up checklist shall be used. 4.2.13 Nothing is to be hung or attached to the ceiling fans, lights, chandeliers, or any other fixture. 4.2.14 No nails, tacks, tape or staples are to be attached or placed on the walls, wood or wood trim. 4.2.15 No glitter or confetti is to be used. 4.2.16 No soap, paint, wax or any other materials are to be placed on the glass windows or screens. Any and all event decorations must be reviewed and approved by staff at the pre-event walk-through. 4.2.17 Furnishings may not be moved without the express permission of the staff. Any furnishings moved with permission shall be returned to their original position after the event. Personal property left on site after the event shall be held for a period of three days and will be considered abandoned if not picked up within that time frame. 4.2.18 Kitchen appliances are to be used for warming only, not for full preparation. The microwave must be cleaned, if used. The range top must be cleaned with a smooth top cleaner provided by the clubhouse. 4.2.19 All trash containers and pails must be emptied and all party refuse and trash must be hauled to the dumpster by Member. 4.2.20 Member shall be furnished with a cleaning check list and care instructions for all facilities and appointments. Member shall be responsible for cleaning as per the recommended instructions. 4.2.21 Dangerous Materials: Member shall not keep or have on the premises any article or item of a dangerous, flammable, or explosive nature that might increase the danger of fire on the leased premises or that might be considered hazardous. 4.2.22 Music volume may not be audible on the inside of nearby houses. 5.0 TENNIS COURTS 5.1 Court reservations are one hour for singles, one and a half hours for doubles. 5.2 Players may forfeit their court if more than 10 minutes late for their scheduled reservation. 5.3 Courts may not be available during scheduled events. Approved by the Board of Directors – Updated March 2021 13
5.4 Pets are not allowed on the courts. 5.5 Rubber soled shoes required. 5.6 Skateboards, skates, scooters and bicycles may not be ridden under any circumstances and are not allowed on the courts at any time. 6.0 LAKE In addition to the beauty provided by the lake at American Ranch it also is a holding reservoir for recycled water from the “Domestic Water Improvement District”. The lake is the source of water for irrigation that takes place around the Ranch House Complex. 6.1 Swimming or wading in the lake is prohibited. This restriction includes dogs. 6.2 Please ensure all fishing items are removed when fishing is complete. Extra care should be taken to make certain no fishing hooks are left on the property. 6.3 The lake at American Ranch is a catch and release fishing lake. 7.0 POOL The pool at American Ranch may have numerous residents simultaneously using the facility. Early morning and late afternoon will likely be the least crowded. 7.1 There are no lifeguards at the American Ranch pool, therefore owners and their guests use the pool and facilities at their own risk. Members may not have more than 5 pool guests per lot. Exceptions may be granted by the Community Manager for a limited number of immediate family members. 7.2 Jumping the fence may result in suspension of pool privileges. 7.3 Residents are responsible for the safety of their children and guests. 7.4 A shower before entering the pool is requested and encouraged. 7.5 Glass and breakable objects are not allowed in pool area. 7.6 No running on pool decks. 7.7 No diving. (Pool depths between 3’- 4’) 7.8 Open umbrellas must be returned to the closed position before leaving the pool area. 7.9 Personal items should be stored in lockers. Please bring your own lock. Do not leave items in lockers overnight. They will be place in lost and found if left. Storage is only for use while at the pool. Do not leave locks on lockers if not in the pool area. Approved by the Board of Directors – Updated March 2021 14
7.10 Over-sized inflatable of floatation devices, including, without limitation, automobile inner tubes, surfboard, and floating chairs, are not permitted in the swimming pool. 7.11 Food and beverage (no chewing gum) is allowed in designated areas. 7.12 Smoking is not permitted at the pool area. 7.13 No pets are allowed inside the pool or pool house area. 7.14 Those who are not toilet trained or who are incontinent must wear diapers designated for swimming purposed while in the water. 7.15 Children under 14 years of age are not permitted in pool area without a supervising adult (over the age of 17 present). 7.16 Proper swim attire is required and is not permitted in the Ranch House. 7.17 Pool hours are from 6:00 A.M. to 10:00 P.M. 7.18 Pool privileges may be suspended due to violation of any pool area rules. 8.0 FITNESS ROOM The Fitness Room is a small but well equipped facility for use by Residents at their own risk. Guests limited to no more than 2 per lot. Hours are from 5:30 am to 10:00 pm. 8.1 Prior to use, a fully-executed Release Indemnity Agreement must be on file at the AR office. 8.2 For their safety, children under the age of 5 are not allowed in the Fitness Room. 8.3 Children from the ages of 6 through 13 must be accompanied by an adult. 8.4 Please wipe off equipment after use. 8.5 Use of cardiovascular equipment is limited to 30 minutes when other residents are waiting. 8.6 Return weights, dumbbells and miscellaneous weight room equipment to their proper place after use. 8.7 Appropriate attire is required. 8.8 Room temperature is controlled remotely and decided by a consensus of fitness room users. 8.9 Fitness room hours are 5:30 a.m. to 10:00 p.m. Approved by the Board of Directors – Updated March 2021 15
9.0 CHILDREN’S PLAY AREA The Children’s Play Area at American Ranch is restricted to children 13 years old and under. 9.1 Parental supervisor is required and residents use this facility at their own risk. 9.2 Please report any “wear and tear” issues to the Community Manager. 10.0 TRAIL RULES The American Ranch trail map outlines trail uses and restrictions for pedestrians as well as equestrians. (Attachment II) 10.1 Walkers, runners, bike riders and horse riders should stay to the right of the trail. 10.3 AQHA Trail Etiquette - Click here for AQHA Trail Riding Etiquette for Horse and Rider. 10.6 Motorized vehicles are not allowed on American Ranch trails with the exception of vehicles used by maintenance, landscaping, sanitary district and the Manager, unless you have Manager or Board approval. Horses are allowed only on trails designated as Equestrian Trails on the American Ranch Trail Map. 10.7 Equestrian animals are only permitted on equestrian approved trails. 10.10 Residents are welcome to walk their dogs on the Ranch trails provided animal waste is removed and animals are on a leash. 10.11 Equestrian riders shall use common sense in crowded areas or when encountering another horse, dog, human or wild animal on a trail. (Cantering, galloping and trotting on a crowded trail can endanger everyone.) Please use caution when determining the speed of your horse on the trails. 10.12 Horses always have the right of way on equestrian trails. Horses are not permitted on non-equestrian trails. 10.13 Even though horses have the right of way on ALL equestrian trails, not everyone may know this. If you can yield to your neighbors on foot or bicycle then do so. Please remember to be kind and courteous while doing so, yelling or using foul language is not permitted. 10.14 To avoid accidents, announce your intention to pass other trail users, and reduce speed if you are moving faster than a walk in order to pass safely. 10.15 We encourage you to carry a cell phone while on the trail in case of an emergency Approved by the Board of Directors – Updated March 2021 16
11.0 ROADS American Ranch Roads and the adjacent easement are private and owned by the Community Association. They are used not only by motorists but also by runners, walkers and bicyclists. In some areas horses are not allowed because of limited sight as a result of blind curves and hilly conditions. 11.1 Maximum speed is 25 mph. 11.2 Members may not accost, waive down, flag down, stop or confront drivers on community roads for any reason. The Association owns the roads. Members have no legal right to use such roads for the purpose of enforcing the governing documents of the Association. 11.3 Motorists must stay to the right at all times and be alert to blind curves and hilly conditions. 12.0 RANCH CAMP The Ranch Camp has been created to provide a place for Resident gatherings to share the American Ranch lifestyle, and includes the Tipi Camp Sites, Tree Forts, Sports Field, Outdoor Grill and Fire Pit, and Restrooms. It is important to respect others who may be hosting a private event in one of the areas provided at the Ranch Camp. Dogs are allowed at the Ranch Camp if residents have their pet on a leash and remove pet waste immediately. 12.1 Tipi Camp Sites 12.1.1 All activities at the Ranch Camp are at your own risk. An American Ranch Release of Liability must be signed and on file prior to use. 12.1.2 Tipi camp sites are for everyday use for American Ranch residents. 12.1.3 Please call the Ranch office at (928) 777-0561 to reserve a Tipi camp site. 12.1.4 Tipi reservation forms must be returned to the Community Manager or Manager's assistant at least two (2) days prior to use. 12.1.5 All residents must keep camp sites clean. Please be sure to keep all food inside of durable and sealed containers to avoid attracting animals to your camp site. 12.1.6 Use consideration for other campers and residents by keeping music, lights, and fires down or off after 10:00 PM. 12.1.7 Children must have parent or adult supervision before entering the Tipis. 12.1.8 Music volume may not be audible on the inside of nearby houses. 12.2 Fire Consent - American Ranch and the surrounding National Forest are located in an area subject to extreme fire hazards. Approved by the Board of Directors – Updated March 2021 17
12.2.1 Fires - All campfires must be approved by the Central Yavapai County Fire District prior to camping. Call (928)777-0561 for proper paperwork and consent by Community Manager or Manager's assistant. 12.2.2 All restrictions by the Forest Service or Fire Department will be adhered to at the Ranch Camp. 12.2.3 All fires must be completely out after use. Water is available at the Ranch Camp standpipes. 12.2.4 Children must be supervised by an adult at all times around campfires. 12.2.5 Campfires are limited to fire pits only for warming fires and cooking. 12.3 Sports Field - Sports field may be reserved for group use. Please check schedules for planned community events by calling (928) 777-0561. 12.4 Tree Forts - Tree forts are for the enjoyment of residents and their children and guests. Use of the tree forts is at your own risk. 12.5 Restrooms - Please leave restrooms as clean as possible. If the restrooms need attention, please call the Ranch office at (928) 777-0561. 13.0 COMMUNITY GARDEN The Community Garden at American Ranch is regulated by residents who have garden plots. 13.1 The community garden is for use by American Ranch Property Owners only. 13.2 A fee of $75 is required to help cover consumable garden expenses. 13.3 Something is to be planted in a garden plot by May 15th and will be planted all summer long. 13.4 If a member must abandon a plot for any reason, they will notify Management. 13.5 Weeds will be kept at a minimum and the areas immediately surrounding the member plot if any will be maintained. 13.6 If a member plot becomes unkempt, member understands they will be given one weeks’ notice to clean it up. At that time, it will be re-assigned or tilled in. 13.7 Trash and litter will be kept out of the plot, as well as from adjacent pathways and fences. 13.8 The fall cleanup of the garden will be supported by all garden members. 13.9 Tall crops will be planted only where they will not shade neighboring plots. Approved by the Board of Directors – Updated March 2021 18
13.10 Member will pick only own crops unless given permission by another plot user. 13.11 Fertilizers, insecticides, weed repellents or chemicals not certified as organic will not be used. 13.12 Member agrees to volunteer hours toward community gardening efforts. 13.13 Pets are not to enter the garden. 13.14 Member is responsible for all garden costs, including seeds, fertilizer, mulch etc. Irrigation will be managed by the Association and will be the Member’s responsibility inside of the bed. Do not change or touch irrigation timers. 13.15 Member understands that neither the garden group nor owners of the land are responsible for member actions. Member therefore agrees to hold harmless the garden group and owners of the land for any liability, damage, loss or claim that occurs in connection with use of the garden by member or any member guests. 14.0 EQUESTRIAN CENTER Equestrian Center Rules and Regulations may restrict and govern the use of the Equestrian Center Amenities by any Member, Occupant, Boarder or Resident; provided, however, that the Equestrian Center Rules and Regulations shall not be inconsistent with CC&R’s, the Articles or the Bylaws. Upon adoption, the Equestrian Center Rules and Regulations shall have the same force and effect as if they were set forth in and were a part of the Declaration of Covenants, Conditions, Restrictions, Reservations and Easements for American Ranch Community Association. It is the guiding principle of the American Ranch Equestrian Center that horses are treated with kindness. Gentle and humane treatment of horses is the primary concern of our staff and this policy will be enforced at all times. For purposes of these Rules and Regulations, all capitalized terms have the meaning as defined in the Association’s Declaration and Boarding Agreement unless otherwise defined herein. Furthermore, it is the policy of the American Ranch Equestrian Center to create and maintain an environment free of harassment. The Association will not tolerate hostility or favoritism toward an individual based on race, color, creed, sex, national origin or age. Furthermore, the Association will not tolerate hostility toward any individual. 14.1 The Equestrian Center is for the exclusive use of ARCA Members and Residents in good standing, Boarders in good standing, and guests of those Members, Residents, and Boarders when accompanied by the Member, Resident, or Boarder. Unless specifically approved by the Manager, no one else is permitted at the Equestrian Center. 14.2 Members, Residents, and Boarders are responsible for the conduct of their guests while at the Equestrian Center and Association property. Members, Residents, and Boarders are responsible for ensuring their guests comply with these Rules and Approved by the Board of Directors – Updated March 2021 19
Regulations. Any guest’s violation of these Rules and Regulations will be imputed to the Member, Resident, or Boarder. 14.3 The horse owner(s) (“Owner”) understands that the Equestrian Center is to be a suitable place for the entire family of all horse owners and that no belligerent, malicious, vulgar, profane, or otherwise objectionable conduct or language will be tolerated. 14.4 Each User must sign a Release of Liability on their first ride or visit to American Ranch Equestrian Center and this Release must be on file with the Manager prior to using American Ranch equipment or facilities. Liability Waivers must be re-executed on an annual basis for ongoing Equestrian Center Users. 14.5 All Boarders must have signed and have in full force and affect the most current version of a Boarding Agreement. An Owner who fails to sign the most current version of a Boarding Agreement within 15 days of receipt will not be allowed to board the horse. If an Owner is currently a Boarder, failure to sign the current Boarding Agreement will be deemed a violation of these Rules and Regulations. 14.6 When visiting the Equestrian Center, please remember horses are sensitive to loud noises. No shouting, yelling or running in the facility. 14.7 No bicycles, motorcycles, scooters, Segway’s or off-road vehicles are allowed inside the barns. Exception will be made for barn management’s equipment. 14.8 No children under 14 are allowed inside the Barns without adult supervision. Children of Boarders may enter the barns; however, Boarder accepts full responsibility for their minors. 14.9 Keep young children in hand at all times! They can easily frighten the horses and create dangerous conditions for themselves and the animals. 14.10 Use of the Hot Walkers and Round Pen is limited to 30 minutes and Turnouts are normally shared but are limited to 30 minutes. Owners must remain with their horses while the horses are in the Hot Walker or in the Round Pen. Horses turned out by staff will be turned out in a designated turnout based off of the need for the day. A sign will be posted while the turnout is in use by staff; please do not use the turnout when the sign is posted. 14.11 Users must remain at the equestrian center while their horse(s) is turned out. 14.12 The round pen is not permitted to be used as a turnout at any time. 14.13 The covered arena is not to be used as a turnout. 14.14 No tying or hanging anything over the pipes over the stalls. 14.15 No User or User’s agent shall feed, turn-out, walk, work, ride, saddle, injure, whip, harass, or otherwise use or interact with any other horse, at the Equestrian Center Approved by the Board of Directors – Updated March 2021 20
without permission of Equestrian Center or that horse's owner. Written permission may be required. 14.16 Horses must not be loose at the Equestrian Center. 14.17 Horses must be controlled at all times by reins or by halter with attached lead rope when walking in the Equestrian Center Barn areas and when walking to the Wash Rack. Over neck lead ropes are not an acceptable means of control, but may be used as a temporary means of control before a halter is placed on the horse. 14.18 Horses must not be left unattended at the Wash Racks or Cross Ties. 14.19 Remove your horse’s manure after using Cross Ties and Wash Racks. 14.20 Do not tie horses to the stall bars, sliding stall doors or inside the arena fence, as this is dangerous. 14.21 Non-Boarders may participate in lessons and other activities at the Equestrian Center when accompanied by a Member, Resident, Boarder, or when invited by the Manager. The Manager may ask any non-Boarder to leave the Equestrian Center at any time. 14.22 All riders are encouraged to wear Helmets. Riders who choose not to wear Helmets must sign a Helmet Waiver. 14.23 Helmets must be worn by riders when jumping. 14.24 No Boarder is permitted to hire an outside contractor for stall cleaning, feeding or grooming. 14.25 Children under 14 years of age are required to wear a Safety Helmet when riding at American Ranch. 14.26 Please contact the Manager or the Assistant Manager with any problems pertaining to your horse’s stall or feed. Do not interfere with the responsibilities or duties of the staff. 14.27 American Ranch is not responsible for missing items. To report a missing item, contact the onsite Administrator (928) 777-0561. Personal articles found by staff will be held in the office for one month and will be donated thereafter. 14.28 Dogs shall be on a leash at all times. 14.29 Equestrian Center hours are between 6:00 a.m. and 10:00 p.m. every day. Access is limited to that time period unless emergency circumstances (such as a sick horse that is being boarded in the Equestrian Center) require otherwise. To be allowed access anytime between 10:00 p.m. and 6:00 a.m., an Owner must receive prior written approval from Equestrian Center staff, and the reason for such access must be an emergency. Lights in the covered arena are available until 10:00 p.m. Approved by the Board of Directors – Updated March 2021 21
14.30 Smoking is not permitted at the Equine Center. Smoking is only allowed in an Owner’s personal vehicle. 14.31 All Members shall refrain from harassing other members, Board members, management staff, and contractors of the Association. Members shall not in any way harass, threaten, or otherwise attempt to intimidate any Member, Board member, management staff, or contractors of the Association. 14.32 All Members, Residents, and Boarders shall show respect to fellow Members, Residents, and Boarders, Board members, and management staff. 14.33 All Members shall refrain from interfering with the duties of Board members, management staff and contractors of the Association. No Owner shall interfere with the duties of the management staff or any contractor performing a contract in process. All communications with contractors must go through the President of the Board or management, or must otherwise be in accordance with Board policy. 14.34 All Members, Residents, and Boarders shall report any inappropriate and discourteous conduct, or conduct to be believed to be in violation of this Policy, according to procedures established by the Association. 14.35 Boarders or Residents are not allowed to take hay from the hay barn or from the Ranger. 14.36 Boarders or Residents are not permitted in the hay barn without Manager approval. 14.37 Resident Owners in violation of these Rules shall be subject to the Compliance Procedures set forth in the American Ranch Rules, Regulations, Policies and/or termination of the Boarding Agreement, if applicable. 14.38 Upon termination of the boarding agreement, by either party, the Owner shall pay all expenses due and owing, including any fines, and remove the Horse from the Equestrian Center. All unpaid balances as of the termination date will constitute a lien as allowed by this agreement, Section U. If the Owner fails to remove the Horse or has failed to pay all amounts owing by the termination date, the Association may elect to retain the Horse, in which case the Owner will be charged a Special Use Fee of $20.00 per day intended to cover the costs of Basic Services. A fine may also be charged in addition to the Special Use Fee. The Special Use Fees and fines, if any, will be considered a lien as allowed by this Agreement, Section U. 14.39 All equestrian trainers who use, give instruction, ride their horse for training purposes or a student’s horse for training purposes, or train in any way at the Equine Center are required to have equine liability insurance. The Association shall be listed as an additional insured with adequate liability coverage per the Manager. A copy of the liability insurance shall be required and must be given to the Association prior to the trainer giving any lessons or riding within the Association. 14.40 The Equine Lockdown/Quarantine Protocol is recommended by the Association’s Veterinarian and/or the Arizona Department of Agriculture. If the potential health Approved by the Board of Directors – Updated March 2021 22
hazard meets the protocol requirements for a lockdown or quarantine it will be communicated by the American Ranch Manager to all Members and Boarders of American Ranch. All Members and Boarders shall adhere to the lockdown or quarantine order whether they are boarding at the Equestrian Center or house their horses on their individual lot. If a Member and/or Boarder does not comply, penalties can be assessed and future boarding of horses at the Equestrian Center could be denied. • All horse Owners shall be notified of any quarantined animal(s) via e-mail or text. • Horses that are quarantined are not permitted to use the hot walker, round pen, wash racks, turn outs, or any other shared areas. If your horse needs to be turned out, Management will arrange for a turn out area to be used at agreed upon times and dates. • Horses that are quarantined will be fed last and stable areas cleaned last by the Equestrian Center staff. • Only quarantined horse owners or their agents are to handle quarantined horses and neither should handle any other horses at the boarding facility until they have followed a sterilization protocol. See Management for a copy. 14.41 Equestrian Center Trailer Parking lot is available for Equestrian trailers by reservation only through management. Members are required to sign the trailer parking liability waiver. Non equestrian trailers are not permitted. 14.42 Rental for exclusive use of the Covered Arena at the Equestrian Center for ARCA Members is $35.00 per hour including time for set up and take down. Maximum allowed for rental per day is three (3) hours. In consideration of others living at American Ranch, the Covered Arena will only be available for rental four (4) days per month. 14.43 Any and all motorized vehicle(s) for equine activities shall be limited to the Outdoor Arena and are prohibited in the Covered Arena. Excluding equipment required for use for maintenance of the Covered Arena. 14.44 The Equestrian Center includes such facilities as boarding stables for horses, corrals, storage barns for feed, hay and equipment, equestrian event facilities, offices and meeting rooms and living quarters for an Equestrian Center employees. Each owner, Lessee and Resident, for himself and his family, invitees and licenses, acknowledges, understands and agrees that activities at the Equestrian Center may create noise, odors and dust and attract insects associated with horses. Approved by the Board of Directors – Updated March 2021 23
15. COMPLAINT AND VIOLATION PROCESS The Enforcement Procedures for violations of the American Ranch Community Association Declaration, the Bylaws, the Rules and Regulations and the other governing documents of the American Ranch Community Association shall be imposed according to the procedures set forth as follows: 15.1 Any Member, Board Member or agent of the Association may file a Complaint against another Member for violation of any provision of the Association governing documents by such other Member, his family, tenants or guests. A Complaint must be in writing, must be signed, dated and must include a description of the alleged violation of the community documents and the identity of the alleged violator, if known. A Complaint from a Member is considered filed when the written Complaint is received (i) by a Member of the Board or a Board Member or (ii) by the Association’s management company. A copy or record of all Complaints shall be provided to the Board. Any Complaint received by the Association shall be forwarded to the Association’s management company, HOAMCO and the Board. In all cases where HOAMCO other than the Board receives the Complaint, the recipient thereof shall forward a copy of management company the Complaint to the Board. Upon its receipt of a Complaint, HOAMCO shall take the following action (i) immediately if it determines that the complained of situation constitutes an emergency requiring immediate action, or (ii) within ten (10) business days of its receipt of a Complaint if it determines that the complained of situation does not constitute an emergency requiring immediate action: 15.1.1 Conduct an investigation of the Complaint to confirm that there is reason to believe that the conditions complained about actually exist, and 15.1.2 If the management company determines that there is reason to believe that the conditions complained about actually exist, it shall attempt to contact the Member and try to resolve the Complaint informally. 15.1.3 If the violation is informally resolved, HOAMCO shall document in writing for the related Member file what the alleged violation was and how the issue was resolved. If HOAMCO is unable to resolve the violation informally, the following enforcement process shall be begun. 15.2 GENERAL: These Enforcement Procedures are intended as a guideline for the Association. Excepting only the amounts set forth in the Fine Schedule as to any particular violation by a Member, the Board retains the right to vary the enforcement process when it in its sole discretion determines that any such variance is appropriate. The Board further retains the right to amend or replace all or any portion of these Enforcement Procedures. The assessment of fines by the Association does not relieve the Member from the obligation to correct the violations or comply with Association governing documents. These Enforcement Procedures and the remedies set forth herein do not constitute an election of remedies by the Association which reserves all such remedies available at law and in equity. The Association shall have the right to enforce the Association governing documents through any other remedies available Approved by the Board of Directors – Updated March 2021 24
to the Association, including court action, concurrently with the Enforcement Procedures set forth herein. 15.3 COURTESY NOTICE (First Notice): In the event that HOAMCO or its agent determines that a violation of the Association’s governing documents exists and such violation is not informally resolved, a written Courtesy Notice may be sent by first class mail to the Member at the mailing address as it appears on the records of the Association at the time of notice. No fine will be imposed with this notice. Consistent with Arizona law as may be amended, the Courtesy Notice shall include at a minimum the following information: • The provision of the governing documents that has allegedly been violated. • The date of the violation or the date the violation was observed. • The first and last name of the person or persons who observed the violation. • The date by which the violation must be corrected (21 calendar days). • A description of the process the Member must follow to contest the courtesy notice. • Notice of the Member’s right to petition for an administrative hearing with the Arizona Department of Real Estate pursuant to A.R.S. § 32-2199.01. • Notice of possible suspension of amenities cards and/or specific areas of the community if violation continues. 15.4 VIOLATION NOTICE (Second Notice): If the violation is not corrected within the period set forth in the Courtesy Notice, a Violation Notice may be sent to the Member via first class mail. The Violation Notice shall include at a minimum the following information: • The provision of the governing documents that has been violated. • The date of the violation or the date the violation was observed. • The date of any Courtesy Notice. • The date by which the violation must be corrected (10 calendar days). • A description of the process the Member must follow to contest the violation notice. • The right of the Member to petition for an administrative hearing on the violation in the Arizona Department of Real Estate pursuant to Arizona Revised Statutes § 32- 2199.01. • Notice that a fine in an amount to be determined in accordance with the Fine Schedule may be imposed for failure to correct the violation by the required deadline. • Suspension of amenities cards and/or specific areas of the community. 15.5 FINE NOTICE (Third Notice): Depending on the violation, the Board in its sole discretion may determine that a Courtesy Notice and/or a Violation Notice will not be sent to the Member and may commence the enforcement process Approved by the Board of Directors – Updated March 2021 25
You can also read