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Section 3. ACCESS RIGHTS TO CLUB FACILITIES
 

3.1. Club Members

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"Club Member" shall mean every Owner (other than an Owner who has leased his or her residential dwelling to Lessee) and Lessee; provided, however, for the purposes of Club Membership there shall be only one Owner or Lessee per Residential Dwelling. A person shall continue to be a Club Member until he or she ceases to be an Owner, or ceases to be a Lessee legally entitled to possession of a rental Residential Dwelling. Once an Owner leases a Residential Dwelling, only the Lessee shall be entitled to exercise the privileges of a Club Member with respect to such Residential Dwelling; however, the Owner and Lessee shall be jointly and severally liable for all assessments.
 

3.2. Club Member Access

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Each Club Member and his or her Immediate Family Members, his or her guests and invitees, shall have the nonexclusive rights and privileges to use the Club Facilities. In order to exercise the rights of a Club Member, a person must be a resident of the Residential Dwelling. If a Residential Dwelling is owned by a corporation, trust or other legal entity, or is owned by more than one family, then the Owner(s) collectively shall designate one (1) person residing in the Residential Dwelling who will be the Club Member of the Club with respect to such Residential Dwelling.

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Once an Owner leases a Residential Dwelling, only the Lessee shall be entitled to exercise the privileges of a Club Member with respect to such Residential Dwelling. An owner who leases his or her residential dwelling shall only be permitted to use the Clubhouse and other amenities as a guest of a Club Member or Lessee for a period not to exceed fourteen (14) days during a calendar year.

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If the Member has failed to pay any BTCA assessments, any other COA/HOA assessment, or any other assessments authorized pursuant to the terms of the Declaration for a period lasting sixty (60) days or more, the Club Member, his or her immediate family members, his guests and his lessees (if applicable) will have their access privileges suspended until all assessments, late fees, penalties and any related association costs or penalties are paid in full and are current.

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3.3. Supervision of Minors

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Minors under the age of eighteen (18) years are not permitted to use the Club Facilities without adult supervision, Adult Supervision is someone 18 years or older. Minors may use the Club Facilities with adult supervision if such minor’s parent or legal guardian releases Association, Management, their officers, agents, employees, affiliates, directors and attorneys (collectively, the “Indemnified Parties”) from liability for such use pursuant to consent form(s) provided by Association. (See Appendix A.1)Minors under eighteen (18) years of age are not permitted to use the pool without adult supervision. Minors, age 10 years or older, may use the Fitness Center and Equipment with adult supervision only if such minor’s parent or legal guardian signs an "Informed Consent, Release & Waiver Agreement".

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Notwithstanding the foregoing, if minors use any of the Club Facilities without the proper execution of a consent form or without adult supervision, Indemnified Parties are not liable for the actions of such minors. Minors under the age of 10 are not permitted in the Fitness Center/Yoga Room at any time.

 

Parents/legal guardians are responsible for the actions and safety of such minor(s), as well as any damages to the Facilities or the equipment in the fitness center caused by such minor(s).

3.4. Access Cards

 

Entrance to the Clubhouse will be through the front door only by means of an Access Card. These Access Cards are to be swiped by every resident each time they enter the Clubhouse. Club Members (or Lessees), and their Immediate Family Members who are residing within the Residential Dwelling must obtain an Access Card with photo on file, which must be presented to Club Staff or Management upon request. Immediate Family Members under the age of eighteen(18) years shall not receive an Access Card. Sharing of Access Cards is strictly prohibited and may result in penalties.

 

Access Cards shall be issued to each new resident over the age of eighteen (18) when all required forms/documents have been properly executed and returned to the Clubhouse front desk staff. One (1) Access Card per adult resident will be issued at a cost of ten ($10.00) dollars per card. Replacement cards for lost or deactivated cards may be obtained from the Clubhouse front desk staff at a cost of ten ($10.00) dollars per card. You will be asked to turn in your old card and it will be deactivated. Access Cards issued to a Leased Residential Dwelling will reflect the expiration date of the lease on file with their respective Condominium Association. Upon expiration of the Access Card, lessee will not be granted the privileged use of the Clubhouse Facilities until such time as a valid lease has been approved and filed with his or her respective Condominium Association.
 

3.5. Guest Use of Facilities

 

Guests may be sponsored by a Club Member in any Club Facilities, subject to restrictions for health and safety. The Club Member must remain in the company of the guests. The Board of Directors, at their sole discretion can set (i) reasonable limits on the number of guests and/or visits that a resident may sponsor, and (ii) establish fees. Currently, these are as follows:

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1.  Club Members may sponsor up to eight (8) guests per unit, per day at no charge.

2.  Additional guests are available at $5 per person, per day. Children 3 years of age and older are subject to this fee.

3.  Any requests for guests in excess of eight (8) guests must be received in writing, and approved by management in  advance of the event.

 

Unaccompanied guests ages eighteen (18) years or older may use the facilities when the Club Member has provided an approved Guest Pass Request Form (See Appendix B) to the Clubhouse front desk staff. Front desk will issue the passes. Management, in conjunction with the Board, will determine from time to time the most effective process for guest administration with respect to the clubhouse.

 

Club Members must be in good standing with their BTCA or COA/HOA for a guest pass to be issued.

Guests are not permitted to bring other guests to the Club Facilities.

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3.6. Rule Enforcement

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Club Staff and Management are charged with the responsibility to protect the rights and privileges of all Members and their guests; inappropriate behavior will not be tolerated (See Appendix C - Code of Conduct).
 

All Club Facility users are responsible for compliance with these Rules & Regulations , and as they may be amended from time to time. Club Members will be held accountable and responsible for the conduct of their guests.
 

Rule violations must be reported immediately to the Club Staff or Management.
 

All reports of rule violations will be handled confidentially by Staff and Management, with disclosure limited to those authorized to receive such information and on a need-to-know basis. Staff and Management are authorized to share incident information with Members of the Board of Directors.
 

The following process is hereby established to handle rule violations reported to Club Staff or Management:

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​1. Club Member (and their guests or visitors) must immediately report the rule violation to Club Management or Staff, providing all relevant information available at the time for an effective resolution. Upon receipt of a report of a rule violation, Club Management or Staff will prepare a detailed written Incident Report .

 

2. Club Management will conduct an investigation of the matter as soon as possible. This initial investigation will typically involve recording date, time, location, persons involved, description of violation, and any other pertinent information. Club Management may also speak to the involved parties or, in the case of minors, to the responsible parent, guardian, or adult supervisor. Management will attempt to resolve the matter at this stage of the process.

 

Following the initial investigation, Management will prepare a written “Investigation Summary” detailing the results of the investigation and actions taken, if any. Copies of the Incident Report and Investigation Summary shall be retained by Management.

 

3. Serious violations, typically those including, but not limited to, use restrictions, property damage, use of abusive language, threats or acts of violence, and theft require that the Club Staff notify the Manager or designee immediately. The Manager or designee will determine if law enforcement notification is necessary.

 

4. After conducting an investigation of the matter, the Manager or designee shall determine whether the accused Member should appear before the Board’s Hearing Committee for further disciplinary review. Board and Hearing Committee Members may be consulted by the Manager or designee during this investigation.

 

5. In the event that the Manager or designee determines that a formal hearing before the Hearing Committee is necessary, the accused Member shall be notified in writing of such determination by means of a Notice of Hearing. The Notice of Hearing shall indicate the time, date, and location of the hearing. The Notice of Hearing shall be mailed to the accused Member at his/her address as shown in the records of the Association. The Notice of Hearing shall also specify which rules(s) or regulation(s) the accused Member is being charged with violating. A formal hearing before the Hearing Committee shall take place not less than fourteen (14) days from the date of the Notice of Hearing. Hearing Committee hearings shall take place in open session.

 

6. In making a final determination of the matter, the Hearing Committee shall follow the Progressive Discipline Policy established by these Rules (See Appendix C – Code of Conduct). All final decisions of the Hearing Committee shall be made by a majority vote of the Committee.

 

7. Member may appeal the Hearing Committee’s decision to the full Board of Directors by submitting a written request to the Board within seven (7) days from the date of the Hearing Committee’s decision. Failure to file a written appeal request within this seven (7) day timeframe shall automatically result in the Hearing Committee’s decision becoming a final and enforceable decision. The appeal must include a statement detailing the reason(s) why the Hearing Committee’s findings and recommendations were in error. It must also identify any matters relevant to the final determination that were not presented to the Hearing Committee and the reason(s) why. A hearing on the appeal will be scheduled by the Board of Directors within thirty (30) days of receipt of the appeal request. Failure to timely file a written appeal request shall automatically result in the Hearing Committee’s decision becoming a final and enforceable decision.

 

8. The Board may decide the matter immediately following the hearing, or take it under advisement. In either event, the Hearing Committee shall notify the Member in writing of the outcome of the appeal within seven (7) days from the date of the hearing. The Board’s determination shall be final and enforceable.

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3.7. Immediate Suspension of Access Rights

 

The Membership rights of a Club Member may be immediately suspended by the Association, without regard to the Progressive Discipline Policy, if, in the sole judgment of the Association:

 

1. The Member has failed to pay any BTCA or any other Association assessment, or any other assessments authorized pursuant to the terms of the relevant Declaration for a period lasting sixty (60) days or more, or as may otherwise be established by law

 

2. A Club Member and/or guest has injured, harmed, or threatened to injure or harm any person within the Club Facilities, or harmed, destroyed or stolen any personal property within the Club Facilities, whether belonging to an Owner, third party, or to the Association.

 

3. Suspension of Membership rights shall not release the Member from the continuing obligation to pay all Association assessments.

 

3.8. Disclaimer  

Owner, residents, and their guests and invitees using the facilities do so at their own risk. The safety of our residents, guests, and invitees of our community is a primary concern. All persons using the Club Facilities do so at their own risk, and must agree to abide by the rules for use of the Club Facility. The Bella Trae Community Association, Inc., its officers, directors, agents and employees, assume no responsibility and shall not be liable for any accidents, personal injury, or damage to, or loss of property arising from the use of the Club Facilities or from the acts, omissions or negligence of other persons using the Club Facilities. Residents are fully responsible for their actions and those of their guests.

 

3.9 Damage To Gate Barrier Arms & Delineators

 

An Owner, Lessee, guest, or invitee (collectively, the “Offending Party”) who causes damage to any of the community’s gates, barrier arms, and/or delineators, or causes them to become dislodged or knocked off its supporting structure, may be assessed a fine of $75.00, plus the actual cost of repairs, for each occurrence. The Owners shall, ultimately, be held accountable for the acts of their Lessee, guests, and invitees 

 

If after investigating the matter, the Manager or designee makes a determination that the Offending Party caused the damage to the gates, barrier arms and/or delineators in question, the Manager or designee shall send the Owner, or in the case where the Offending Party is a Lessee, a guest or an invitee of Lessee, to Lessee, a written Notice to the address as shown in the records of the Association detailing the reason(s) for such determination. Within fourteen (14) days from the date of the Notice, the Offending Party shall have the right to challenge the determination by submitting a written objection to the Manager or designee setting forth the reason(s) for such challenge.

 

Upon receipt of the Offending Party’s objection, the Manager or designee will initially attempt to informally resolve the matter. If the matter cannot be resolved informally, the Manager or designee shall determine whether the Offending Party should appear before the Board’s Hearing Committee for further review and adjudication of the matter. Board and Hearing Committee Members may be consulted by the Manager or designee in this regard.

 

In the event that the Manager or designee determines that a formal hearing before the Hearing Committee is necessary, the Offending Party shall be notified in writing of such determination by means of a Notice of Hearing. The Notice of Hearing shall indicate the time, date, and location of the hearing. The Notice of Hearing shall be mailed to the Offending Party at the address as shown in the records of the Association. A formal hearing before the Hearing Committee shall take place not less than fourteen (14) days from the date of the Notice of Hearing. Hearing Committee hearings shall take place in open session and all final decisions of the Hearing Committee shall be made by a majority vote of the Committee.

 

Offending Party may appeal the Hearing Committee’s decision to the full Board of Directors by submitting a written request to the Board within seven (7) days from the date of the Hearing Committee’s decision, stating therein the reason(s) why the Hearing Committee’s findings were made in error. A hearing on the appeal will be scheduled by the Board of Directors within thirty (30) days of receipt of the appeal request. Failure to file a written appeal request within this seven (7) day timeframe shall automatically result in the Hearing Committee’s decision becoming a final and enforceable decision.

 

The Board's determination shall be final and enforceable.​​​​

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