1.01 MEMBER ACCESS TO POA INFORMATION - November 15, 2007
1.02 ESTABLISHING, CHANGING, OR RESCINDING POLICIES - November 15, 2007
1.03 GUIDELINES FOR POA COMMITTEES - November 15, 2007
1.03.1 AUDIT COMMITTEE November 15, 2007
1.03.2 GUIDELINES FOR FUNCTION - ELECTION COMMITTEE - November 16, 2006
1.03.3 COMMUNICATIONS COMMITTEE (formerly Edititorial Cte) December 13, 2007
1.03.4 PLANNING COMMITTEE December 13, 2007
1.03.5 RULES AND REGULATIONS COMMITTEE December 13, 2007
1.031.3 NOMINATING COMMITTEE (11/06/06) - Rescinded October 18, 2007
1.031.8 NONRESIDENT ADVISORY COMMITTEE (3/18/04) - Rescinded November 15, 2007
1.031.9 PUBLIC AFFAIRS COMMITTEE (4/17/03) - Content moved to P 1.03.3 - December 13, 2007
1.031.10 PLANNING COMMITTEE (9/18/03) - Content moved to P 1.03.4 - December 13, 2007
1.032 NOMINATION BY PETITION - November 16, 2006
1.033 APPOINTMENT OF SPOUSE/FORMER BOARD MEMBER - Rescinded February 16, 2006
1.04  JOINT ADVISORY COMMITTEES - October 18, 2007
1.04.1 POLICY FOR REMOVING MEMBERS FROM JOINT ADVISORY COMMITTEES - Content moved to P 1.04 October 18, 2007
1.05 REQUESTS FOR SERVICES OF LEGAL COUNSEL - Rescinded March 20, 2008
1.06 BOARD MEMBER REQUESTS FOR MANAGERIAL SERVICES - Rescinded March 20, 2008
1.07 BOARD MEETINGS - May 15, 2008
1.08 BOARD MEETING MINUTES  - Rescinded May 15, 2008
1.09 AGENDA - Rescinded May 15, 2008
1.10 BOARD OF DIRECTOR’S ETHICS - March 20, 2008
2.01 REGULATION OF COMMON PROPERTY - LAKES - August 16, 2007
2.02 FACILITY RESERVATIONS AND FEE POLICY - August 16, 2007
2.03 GOLF CART REGISTRATION - August 16, 2007
2.033 REGISTRATION AND REGISTRATION STICKERS REQUIRED - Content moved to P 2.03 08/16/07
2.04 BOAT REGISTRATION AND MOORING LEASE AGREEMENT - August 16, 2007
2.05 RV STORAGE FACILITY POLICY - Rescinded June 21, 2007
3.01 PENALIZING A MEMBER - August 16, 2007
3.02 IDENTIFICATION CARDS - August 16,2007
3.03 GUEST POLICIES - March 20, 2008
3.06 MEMBERSHIP CARDS - April 20, 2006
3.08 PARKING OF VEHICLES - May 15, 2008 - Replaces 3.08M and 3.08.1M
4.01 PUBLIC WORKS STANDARDS AND OPERATIONS - Rescinded March 20, 2008
4.02 EXTERIOR MAINTENANCE POLICY - August 16, 2007
4.051 HANDICAP ACCESS - Rescinded March 20, 2008
4.052 POA ACCEPTANCE OF REAL PROPERTY/IMPROVEMENTS FROM DEVELOPER - Rescinded April 17, 2008
6.02 OFFICIAL POA PUBLICATION AND RELEASE OF INFORMATION - May 15, 2008
7.03 THE BUDGET - April 17, 2008
7.04 MANAGEMENT INVESTMENT POLICY - February 21, 2008
7.05 ASSESSMENTS. FEES AND OTHER REVENUES - May 15, 2008
7.051 FEE SCHEDULES AND WAIVERS - Rescinded May 15, 2008
7.052 FEES FOR ORGANIZATION USE OF FACILITIES - November 3, 1994 Content moved to P 2.02 08/16/07
8.01 INDEMNIFICATION OF DIRECTORS AND OFFICERS FOR DEDUCTIBLES - November 3, 1988
8.02 GIFTS - October 1, 1992
8.030 PROCESS AND DOCUMENTATION REQUIRED TO SUPPORT A REQUEST FOR THE USE OF COMMON PROPERTY AS A RESULT OF A SEPTIC SYSTEM LEACH FIELD FAILURE June 15,2006
8.031 USE OF COMMON PROPERTY - February 15, 2007
8.032 DOCKS AND/OR BOATHOUSES POLICY - May 10, 2007
8.04 ORIGINALS TO REMAIN IN OFFICE - July 26, 1984
8.05 PURCHASING - Rescinded March 20, 2008
8.06 CONDUCTING A BUSINESS ON RESIDENTIAL PROPERTY - June 4, 1987
8.07 NEPOTISM - Rescinded March 20, 2008
8.08 STANDARD OPERATION PROCEDURES MANUAL - Nov. 21, 2002
8.09 SELECTION OF PROFESSIONAL SERVICES - March 20, 2008
8.10 SELECTION OF CONTRACT SERVICES - March 20, 2008
8.11 PROCUREMENT OF GOODS AND EQUIPMENT - April 17, 2008
8.12 POA MERCHANDISING AND/OR ADVERTISING - May 15, 2008
8.13 GUIDELINES FOR LEASING OF POA ASSETS -  May 15, 2008
8.14 APPROVAL AND CHANGE OF JOB SCOPE PROCEDURES FOR CAPITAL PROJECTS - May 15, 2008
8.15 OPERATIONS BEYOND THE GEOGRAPHIC BOUNDARIES OF BELLA VISTA VILLAGE - November 15, 2007
9.01 BELLA VISTA FLAG DESIGN - September 19, 2002
9.03 VOLUNTEERISM - October 18, 2007 (Replaces P 9.03 and 2.03M)
9.04 POLITICAL CANDIDATES / USE OF FACILITIES - May 15, 2008
9.05 COMMUNITY FUND DRIVES - June 4, 1987
10.01 WHO IS A DEPENDENT? - May 10, 2007

1.01 MEMBER ACCESS TO POA INFORMATION  Top 

PURPOSE:
To ensure that the spirit of POA bylaw IV.3.F. is followed, thereby ensuring that members shall be advised of the performance of its Board and management and of the decisions that are reached and policies adopted in behalf of the association and its members. This policy will ensure that POA members have appropriate access to information and proceedings of their Association, consistent with the right and need to know, while still enabling the Association to conduct its business and operations to the best advantage of its members.

I. MEETINGS OF THE POA BOARD OF DIRECTORS
1. All Board meetings shall be announced in advance.

2. Regular and special meetings of the Board of Directors which conduct the business of the POA shall be announced to the members and be open to all members. All formal actions of the Board shall occur only in these meetings, except for those occurring in Executive Session (see I.2 below). The minutes of such meetings shall be accessible to POA members.

3. The Board may hold an Executive session at the call of the chairman, the request of the General Manager/President, or upon the request of at least three members of the Board. Any action taken by a vote of the Board at an Executive session shall be reported normally at the next regular Board meeting. Minutes of such meetings, the materials used in such meetings, and the discussions occurring in such meetings, shall remain confidential.

4. All matters regarding POA personnel and membership disciplinary action normally will be conducted in Executive session.

5. Work sessions of the Board will be open meetings but no formal actions may be taken at such sessions.

6. The Board may hold Discussion sessions that will normally not be open to others. No formal action may be taken at such sessions and minutes will not be recorded.

II. COMMITTEE MEETINGS
1. All POA Committee meetings shall be announced in advance.

2. Meetings of the Audit Committee and the Elections Committee normally will be closed meetings. Meetings of the other Board Committees (Rules and Regulations, Communications, and Planning), which develop recommendations for the Board, normally will be open meetings but may be closed at the discretion of the chairman, but only with the concurrence of the Board Chairman.

3. Meetings of Joint Advisory Committees will be open and minutes will be accessible to POA members. Sub-committee meetings developing recommendations for the full committee may be closed.

4. Meetings of Ad Hoc Committees and Task Forces, etc. normally will be open but may be closed at the discretion of the chairman. All recommendations emanating from such Committees will be accessible to POA members.

5. The schedule of all POA meetings, whether open or closed, shall be made widely available in a timely manner. The agendas of all Board meetings shall be widely accessible in advance.

III. OTHER MEETINGS
1. Meetings of POA staff, management, or Board members with other organizations shall be closed, unless mutually agreed to be open.

2. Meetings of POA staff or management shall not be open unless an exception is made by the General Manager.

IV. PRESS ACCREDITATION
1. For the purpose of assisting in the dissemination of information to the membership, the General Manager is empowered to provide media organizations the same access to Association meetings and information as a member of the Association.

V. DOCUMENTS
1. Any document distributed at an open meeting of the Board, an open meeting of a Board Committee, a Joint Advisory Committee, or an Ad-Hoc Committee or Task Force shall be deemed an open document and therefore available to the POA membership. Whenever feasible, copies of such documents shall be made available to attendees at such meetings.

2. “Books and Records” as cited in POA Bylaws IV.3.F are defined herein as official POA reports, both financial and otherwise, including documents distributed in accord with item V.1 above. They shall be made accessible to members, either electronically, in the library, and/or from the POA general office during normal working hours. Members desiring personal copies of such documents shall be required to pay for the cost of producing copies, except if such should have been available at an open meeting.

3. Working papers prepared by POA staff or Board members normally will not be available to the membership unless they are presented at open meetings (see V.1 above).

4. While financial reports shall be made accessible to members (see V.2 above), background documentation and accounting files normally will not be made available to other than POA staff or Board members.

5. Most contracts executed by the Association shall be open to inspection by the members. Excluded will be personnel–related contracts and those that have non-disclosure provisions.

6. The POA shall not be required to uniquely compile information for a member unless agreed to by the General Manager or the Board of Directors. Complying with requests by POA Committees for unique compilations must be approved by Management.

7. Communications between or among Board members, POA staff, or committee members shall be considered private and not accessible to POA members, regardless of whether such documents exist in electronic or hard-copy form.

8. Personal information, other than salaries, regarding individual POA personnel shall be confidential.

9. The General Manager or the Chairman of the POA Board of Directors may, at their discretion, permit a normally-confidential document to be made available to POA members.

VI. MEMBERSHIP LISTS
1. POA membership lists are for the use of the Association only. Such lists will not be distributed to POA members or to other parties. The only information regarding membership to be provided is whether or not an individual is or is not a member of the Association.

2. The General Manager is authorized to provide name and address information of new POA members but only with their consent, to appropriate non-profit charitable organizations based in Bella Vista.

VII. ATTORNEY-CLIENT RELATIONSHIP
1. The Association will follow the normal practice of attorney-client privilege with its staff attorney(s) and with outside counsel. This includes written and oral advice and opinion rendered to the Association, its staff, and its Board, which shall be confidential unless released by the Association at its discretion. Members of the Board of Directors shall be considered part of the client body, and shall have confidential access to such advice and opinions.

VIII. ENFORCEMENT

1. If any member of the staff, management, or the Board violates the provisions of this policy the normal proceedings, depending on status, shall be instituted for disciplining the person.

1.02 ESTABLISHING, CHANGING, OR RESCINDING POLICIES  Top

PURPOSE
To establish a uniform method and responsibility for the control of establishing, changing, or rescinding POA policies.

DUTIES
1. It is the responsibility of the Rules and Regulations Committee to recommend establishing, changing, or rescinding POA policies. Policy issues of concern may be referred to the Rules and Regulations Committee by the Chairman of the Board, the chair of any Board or Joint Advisory Committee, or individual Board members.

2. The Rules and Regulations Committee has the authority to renumber and reorganize board and management policies with a view toward eliminating management policies.

GUIDELINES
1. Notice: Notice of an intent to change, establish, or rescind all policies shall be given via published agenda for two consecutive Board meetings. Upon approval of two-thirds of the members of the Board of Directors, an emergency may be declared and the second agenda notice and vote may be waived.

2. Procedure:
a. To establish, change, or rescind a policy after proper notice by agenda has been made, a motion shall be made at two consecutive Board meetings and passed by a majority of the Board.
b. If an emergency is approved, one notice and vote is required.
c. Establishing, changing, or rescinding management policies require one notice and vote.

3. The Board may adopt resolutions by a majority vote of all directors, provided that such resolutions have been a part of the regular printed agenda. Adding a resolution to the agenda after it is printed requires the written request of three Board members present. Resolutions may express a “sense of the Board” or may direct or approve specific actions. However, resolutions may not be used as a tool to change or create POA bylaws, or to create or amend Board or POA policies.

1.03 GUIDELINES FOR POA COMMITTEES  Top

I. PURPOSE
To clearly state and define the purpose, composition, duties, and method(s) to be used by committees appointed by the Board of Directors or Board Chairman.

POA Committees are categorized as follows:

a. Board Policy Committees
b. Joint Advisory Committees
c. Operational Committees
d. Special or Ad-Hoc Committees and Task Forces.

II. BOARD POLICY COMMITTEES
1. Board Policy Committees are appointed under the authority of the bylaws (Article VIII, Sections 2). Their composition and duties shall be as enacted in separate Board Policies.

III. JOINT ADVISORY COMMITTEES (JACS)
1. JACs are appointed under the authority of Article VIII, Section 10 of the bylaws. Their composition and duties are specified in Board Policy 1.04.

IV. OPERATIONAL COMMITTEES
Operational Committees, comprised of POA members, are appointed by the Chairman of the Board under the authority referenced below.

1. ELECTION COMMITTEE – The Election Committee is appointed under the authority of the Bylaws, Article VIII, Section 1, as implemented by P 1.03.2.

2. NON-RESIDENT COMMITTEE (NRC) – The NRC is appointed under the authority of the Bylaws, Article VIII, Section 1.

a. The purpose of the NRC is to provide the POA, both Management and the Board, with the non-resident’s perspective on issues affecting the POA and/or its administration. It also may serve as a conduit for information and issues to and from the POA, and to and from non-resident POA members.

b. The Committee is comprised of five non-resident members of the POA and will elect its chairman.

c. The Committee will interact with the POA Communications Manager.

d. The NRC may meet occasionally in Bella Vista. Minutes of its meetings will be provided to the Corporate Secretary.

3. VILLAGE PRIDE COMMITTEE – The Village Pride Committee is appointed under the authority of the Bylaws, Article VIII, Section 1.

a. The Committee provides a multi-faceted thrust of education and action to maintain and improve the aesthetics and physical beauty of Bella Vista through a variety of projects. The Committee also raises and expends funds for many of its programs.

b. The Committee is comprised of nine POA members and may include, as ex-officio members without vote, Management Liaison(s) and Board Liaison(s).

c. The Committee will elect its chairman and secretary, provide minutes to the Corporate Secretary, and hold monthly meetings.

V. SPECIAL OR AD-HOC COMMITTEES AND TASK FORCES
1. These committees are appointed by the Board Chairman under the authority of bylaw Article VIII, Section 1. Members must be POA members in good standing. With the concurrence of the General Manager, staff support may be provided to the committee.

2. The appointment of such committees and task forces, their mandate, their time frame, and their composition shall be reported promptly to the Board by its Chairman.

3. The removal of a committee member for cause shall follow the procedure outlined for JACs in P 1.04.

4. The Committee may create appropriate sub-committees to assist in completing their assigned work.

5. The allocation of resources to such committees and task forces, beyond those provided in the existing budget, requires the approval of the Board.

6. Minutes and supporting documents will be kept for each meeting. These will be provided to the Corporate Secretary for inclusion in the monthly Board information. All records, including the committee’s signed final report, and any signed minority report(s), will be kept in the corporate files.

7. At its final meeting, the Special Committee will provide a written report with recommendation(s) to the Board. After studying the report and recommendation(s), the Board will have a discussion and take appropriate action to determine the outcome of the committee’s recommendation(s). Unless further tasks are requested by the Board, the committee will be dissolved.

 1.03.1 AUDIT COMMITTEE Top

I. PURPOSE
The Audit Committee is to ensure that the annual independent audit is performed satisfactorily within the desired scope and is reported appropriately to the membership. The committee will also direct the auditors in any special review or audit deemed necessary.

II. ORGANIZATION AND APPOINTMENT
1. The Audit Committee is a Board Committee with at least three members appointed by the Chairman each June. Members will serve for staggered three year terms. The Treasurer and Controller are ex-officio members without vote.

2. The Committee will elect its chairman and secretary.

3. Meetings will be held as determined by the committee.

4. Minutes will be provided to the Corporate Secretary and distributed to the Board.

III. DUTIES
1. Be guided by P 8.09 in the selection of auditors.

2. Determine when a change of auditors is appropriate, prepare the Request for Proposal (RFP), and evaluate the responses to effect such a change.

3. Report to the Board of Directors as appropriate.

4. Provide the POA Treasurer with assistance and/or guidance as requested.

5. Meet with the auditors prior to the beginning of the audit work to discuss the general scope of the audit and to direct the auditors regarding any special focus or emphasis to be covered by the audit.

6. Meet with the auditors for an exit interview upon completion of the field work to identify and discuss any problems or points of concern identified by the auditors.

7. Inform the Board of Directors of any special engagements that the committee requires the auditors to perform in addition to the annual financial audit of the Association.

1.03.2 GUIDELINES FOR FUNCTION - ELECTION COMMITTEE  Top

OBJECTIVE
To provide the Property Owners Association Board of Directors an independent resource through which Directors may be elected to the Board, and to establish voting procedures for special situations as might arise at the direction of the Board.

DUTIES
1. Supervise the Nomination by Petition Process.

2. Hold Committee meetings approximately six months prior to the Association’s Annual Meeting and develop a timetable for elections to the Board. The election timetable is to be reviewed with the POA General Manager and the Board Chairman no later than five months before the Annual Association Meeting. The timetable will be made available to all operating personnel involved in the election procedure.

In the event of a delayed election, the Committee will hold a meeting at the soonest practical time. The Committee will develop a timetable for the election process which will provide for an election to occur at the earliest reasonable time. All other duties of the Committee will be carried out with allowances for the delayed election process.

3. The Election Committee Chairman will receive the list of candidates from the Corporate Secretary at the January meeting of the Board. There must be no prior disclosures of the candidates’ names.

4. The Chairman of the Election Committee will announce the candidates names to the Board during the January Board meeting (Bylaws, Article V, Section 1, Paragraph C).

5. Prepare, distribute ballots to and receive same from eligible Association members; count and tabulate ballots as outlined in the Bylaws (Bylaws, Article V and X).

6. The Election Committee will meet no later than six weeks before the election to take the following actions:

a. Determine how the candidates are to be listed on the ballot.
b. Finalize ballot layout, size and tally design.
c. All materials to be published; the material shall not otherwise be edited (except for length.) If the resumes are edited for length, the candidates approval of the change will be sought.
d. Meet at least one time with the entire Election Committee and the Manager of Membership Services to review and approve or disapprove all materials to be sent in the ballot mailing (Bylaws, Article IV, Section 3, Paragraph E, Article V and XI) If changes in the materials are to be made, a second meeting is to be held for final approval.

7. BALLOT MATERIALS CONSIST OF:

a. Notice of Annual Meeting
b. Resumes of candidates
c. Ballot
d. Description of vacancies to be filled and the terms of office.
e. Set forth the names of the candidates.
f. Instructions:

1) Complete the ballot and place it in sealed envelope marked “ballot.” Place an “X” in the box before the names of the candidate(s) for whom you wish to vote. You may vote for up to, but no more than the number of candidates to be elected. The candidates receiving the most votes shall be elected to serve on the Board.
2) Any vote which is qualified or restricted in any way is invalid and shall not be counted.
3) Detach the ballot from the instructions at the perforation and insert into the provided return envelope.
4) Return by U.S. Mail (or return in person) to the POA General Office, by the date stated on ballot (instructions) or deliver in person prior to the start of the Annual Meeting. The POA shall not accept mailed envelopes with insufficient postage.
NOTE: The POA’s mailing of the ballots, etc., must be at least 30 days prior to the 3rd Tuesday in May of each year. In order to accomplish the most accurate compilation of eligible voters, the first and larger mailing should be 35 to 37 days before the Annual Meeting with a second and final mailing of members in good standing (Bylaws, Article I, Section 10) status between 1st and 2nd mailings being on a business day as close as possible to the 30-day limit.

8. Ensure that Management checks barcode against membership records.

9. After validation, newly returned envelopes will be opened by the Committee (as frequently as is necessary), the contents examined and ballots secured until counted (Bylaws, Article V, Section 2, Paragraph F).

10. The Election Committee will hold a meeting prior to the meeting of the membership at which an election of the Board will occur and determine the probable winners.

11. The Committee will collect ballots submitted immediately prior to the Annual Meeting, validate, count, and add to the total.

12. Announce the election results at the Annual Meeting by the Chairman of the Election Committee and present the tabulated results to the Corporate Secretary for recording as a permanent record (Bylaws, Article V, Section 2, Paragraph H).

13. A recount may be requested by a candidate if he/she loses by less than 100 votes and the request is made within three business days of the day the results are announced. The request is to be made through the Corporate Secretary.

14. Fifteen (15) days after the announcement of the election results, unless a recount is requested, the ballots and outer envelopes shall be destroyed.

15. Exercise discipline of individual Committee members as provided for by Board policy.

16. A copy of Committee meeting minutes, along with other supporting data, reports and Committee recommendations, if any, will be submitted to the Corporate Secretary within five (5) working days of the meeting for inclusion in the Board packets.

1.03.3 COMMUNICATIONS COMMITTEE Top

I. PURPOSE
The Communications Committee is to ensure that POA members are provided information necessary for understanding issues and opportunities facing the Association, to assist the POA in working with external groups and organizations, and to ensure that POA members are informed of POA activities.

II. ORGANIZATION AND APPOINTMENT
1. The Communications Committee is a Board Committee with at least three members appointed by the Chairman each June. The Communications Manager is an ex-officio member without vote.

2. The Committee will elect its chairman and secretary.

3. Meetings will generally be held monthly.

4. Minutes will be provided to the Corporate Secretary and distributed to the Board.

III. DUTIES
1. Be guided by P 6.02.

2. Act as a liaison between the Board and Administration on POA information activities.

3. Make budget and personnel recommendations regarding communication activities.

4. Ensure that the membership is informed and educated about issues, policies, and activities within the POA.

 1.03.4 PLANNING COMMITTEE Top

I. PURPOSE
The Planning Committee is responsible for identifying and coordinating the planning activities necessary to ensure the welfare and further development of the Property Owner’s Association.

II. ORGANIZATION AND APPOINTMENT
1. The Planning Committee is a Board Committee with at least three members appointed by the Chairman each June. The General Manager is an ex-officio member without vote.

2. The Committee will elect its chairman and secretary.

3. Meetings will generally be held monthly.

4. Minutes will be provided to the Corporate Secretary and distributed to the Board.

III. DUTIES
1. Identify future critical events or milestones that must be successfully managed to ensure a positive impact on the POA.

2. Recommend to the Board the initiation of planning activities and submit proposed membership and leadership for those activities.

3. Conduct an annual review of the POA Strategic Plans and recommend adjustments as necessary to the Board.

4. Conduct a review of action plans proposed by the General Manager that address key areas of the Strategic Plans.

5. Recommend annual budget guidelines for the Board’s approval.

 1.03.5 RULES AND REGULATIONS COMMITTEE Top

I. PURPOSE
The Rules and Regulations (R&R) Committee’s responsibility is to ensure that the Association’s bylaws and policies are kept in good order and reflect the will of the Association.

II. ORGANIZATION AND APPOINTMENT
1. The R&R Committee is a Board Committee with at least three members appointed by the Chairman each June. The General Manager is an ex-officio member without vote. The Association attorney and Corporate Secretary will provide staff support to the Committee.

2. The Committee will elect its chairman.

3. Meetings will generally be held monthly.

4. Minutes will taken and maintained by the Corporate Secretary and distributed to the Board.

III. DUTIES
1. Be guided by P 1.02 in the creation, amending, and rescinding of policies, etc.

2. To make recommendations to the Board of Directors regarding the Association’s governing documents, including the Declaration, the Articles of Incorporation, the Bylaws, Association Policies, and any other regulatory documents.

3. To originate action designed to update as necessary the POA governing documents.

4. To assist any Board members who may wish to establish, change, or rescind any parts of the governing documents.

5. To review and update the Board members Manual.

6. To maintain the Board of Director’s Policy Manual.

7. To annually submit to the Board, if appropriate and verified by the Committee, a resolution that the President and Treasurer not be required to obtain security and fidelity bonds because the Association’s Commercial Crime insurance policy duplicates this coverage.

1.031.5 GUIDELINES FOR FUNCTION - RULES AND REGULATIONS COMMITTEE  Top

It is the objective of the Rules and Regulations Committee to serve the Board by providing any Board member who wishes assistance with background research and suggestions for wording for motions concerning policy or Bylaws. It is understood that the individual Board member who introduces the concept of a policy or Bylaws change is responsible to work with the Committee towards the introduction and reading for the Board. 

Duties

1. Submit to the Board for approval suggested changes, revisions, and additions to the Bylaws, Policy Manual, and the Board Members Manual. 

2. Ascertain that motions concerning policy or Bylaws are not in conflict with existing Board policy, Bylaws, or Declaration and Protective Covenants.

3. Provide clear wording, avoiding ambiguity, for policy statements and Bylaws.

4. Review Bylaws annually to ascertain consistency with regard to timing and function in general.

5. Periodically review all Board and Management policies for application to current practices and requirements.

6. Provide the Board with minutes of Rules and Regulations Committee meetings.

Guidelines for Function
The Rules and Regulations Committee is a Board committee with a representative of each year of Board membership. Two (2) of the members will be appointed annually in June by the Chairman of the Board. The committee will designate in January each year one member who will serve as chairman for the following year and will be a carryover member the next year.

The General Manager will serve as an ex-officio member of the Committee.

1.031.6 COMMUNICATIONS COMMITTEE   Top

Objective
Assure that property owners are informed of:

1. POA policies, bylaws, official procedures and rules that affect the use and enjoyment of common properties.
2. Recreational, social and organizational activities well in advance of dates involved, including a general information contact number.
3. Other matters of common interest to the POA membership.

Committee Composition

1. Three POA Board members appointed by the Board Chairman, representing the three individual years of elections to ensure continuity.
2. The POA General Manager or designee.
3. The Editor of the Village Voice.
4. The website staff person.

Duties

1. Oversee publications of the Village Voice
2. Oversee the POA website
3. Utilize other means of communications such as town hall meetings, newspapers, television and brochures as deemed necessary to provide information to the membership on matters of interest or concern.

General

1. The committee will meet monthly.
2. A chairperson, vice-chairperson and secretary will be elected by the Committee at the first meeting each year after the Committee is formed.
3. The secretary will provide status reports of current projects and meeting minutes to the POA Board of Directors in a timely manner.
4. The Committee may utilize resource people from the POA staff, the membership or others as it deems appropriate.
5. The Committee will assure that an appropriate balance between advertising and topical copy is maintained.
6. The Committee may recommend to POA management changes to the advertising rate schedule for both the Village Voice website as it deems appropriate.

1.031.10 GUIDELINES FOR FUNCTION PLANNING COMMITTEE (Board Policy Committee) Top

I. PURPOSE
To identify and coordinate the planning activities necessary to ensure the continuing viability of the POA and Bella Vista Village.

II. ORGANIZATION AND APPOINTMENT
The Planning Committee is a Board committee with a representative of each year of Board membership appointed annually in June by the Chairman of the Board with the concurrence of the Board. The committee shall elect its own chairman. The General Manager shall be an ex-officio member of the committee. It is recommended that Joint Advisory committee members be called upon whenever appropriate.

Minutes of all meetings will be maintained as POA records and provided to other Board members on a monthly basis.

III. DUTIES

1. Identify future critical events or milestones that must be successfully managed to prevent a negative impact on the POA or Bella Vista Village.

2. Ensure that planning documents are safeguarded and updated as necessary.

3. Maintain a historical record of POA planning activities.

4. Be aware of the changing demographics and dynamics of the POA and Bella Vista Village and,
    therefore, recommend appropriate actions to be taken.

5. Seek out and recommend talented/qualified persons to assist in selected planning activities.

IV. MEETINGS
The committee shall meet monthly at a scheduled time and location or more frequently as required.

1.032 NOMINATION BY PETITION   Top

OBJECTIVE
Provide guidance for POA Members and Associate Members wishing to have their names placed on the ballot for election to the POA Board of Directors.

1. Any Member or Associate Member who is in good standing may petition to have his/her name placed on the ballot for the election of members to the Board of Directors. The petition program is the only method to gain access to the Board of Directors ballot.

2. This program will be under the direct supervision of the Election Committee and the decision of the Committee will be final.

3. The petition states: 1) date of election, 2) minimum number of signatures required (50), and 3) dates the completed petitions must be returned. Completed petitions with a signed certification by the petitioner-candidate will be returned to the Corporate Secretary.

4. Petition signatures must be legible and are limited to one signature per lot or living unit. (The Election Committee's decision in this matter is final.)

5. The Election Committee shall cause to be checked by the Corporate Secretary, the petition signatures to ensure that petitions are valid.

6. The petitioner candidate shall certify that he/she understands all the requirements. Upon presentation of the completed petition, the petitioner candidate shall certify that the petition meets or exceeds these requirements.

7. Certified candidates for the Board, will be announced at the January Board meeting.  

1.04 JOINT ADVISORY COMMITTEES Top

PURPOSE: To provide for the creation, functioning, and delineation of areas of responsibility for Joint Advisory Committees (JAC’s) related to POA amenities appointed in accord with the bylaws, Article VIII, Section 10.

I. JOINT ADVISORY COMMITTEE (JAC) DUTIES

It is the duty of each committee to discuss, analyze and propose solutions for problems/opportunities within its area of concern and to make recommendations to the POA Administration and/or the POA Board of Directors. The Committees have no authority on their own. Matters for study may originate with the committee, a POA member, or be suggested by the Administration, the POA Board, or the Liaisons. Issues for study that may be outside of a JAC’s normal area of concern must first be approved by the Board and/or General Manager to ensure that there is a minimum of duplication of effort with other committees and/or the Administration.

The JAC’s also serve as a sounding board for POA member’s to express their concerns and suggestions, some of which may result in studies and recommendations.

II. MEMBERSHIP

1. The General Manager and the Chairman of the Board have the joint authority to appoint members to the JAC’s (Bylaws Article VIII, Section 10).

2. Joint Advisory Committees shall be comprised of up to seven members.

3. Appointments to the Committees are to be made in December with terms to begin the following January 1st, with each term being three years. If a committee member cannot complete the three (3) year term of service it will be the Board Chairman and the General Manager’s joint responsibility to appoint someone to serve the remainder of that three year term.

No employee of the POA may be selected to serve on a JAC that is in their area of employment.

4. Applications for appointment to the JAC’s are to be delivered to the POA Corporate Secretary. Applications will be accepted from August 15th until October 31st. Applications will be forwarded to the General Manager’s office to be accumulated in a file until the cut-off date.

The Chairman of the Board and the General Manager will jointly choose the applicants to be appointed. All applicants will be notified of the result of the process and the POA Board will be informed of appointee’s names.

III. LIAISONS

1. The General Manager shall appoint a non-voting Management liaison member to each JAC. Said liaison member shall provide current information to the committee concerning his/her division and be available for advice on matters of administration, operation, and planning

2. The Chairman of the Board shall appoint non-voting liaison members from the POA Board to each JAC. Said liaison members shall provide current information concerning POA matters to the committee and be available for advice on matters of Board concern. They shall report to the Board concerning the work of the JAC.

IV. COMMITTEE OPERATIONS

1. Each committee will meet on a regular schedule on a monthly basis. Exceptions can be made if agreed by an individual committee by a majority vote. The Board Chairman, committee Chairman and/or the General Manager may call a special meeting as needed.

2. The Chairman, Vice-Chairman and Secretary of each committee shall be chosen by the committee at their first meeting in January.

3. In order for the Committee to conduct business, a quorum must be present at the meeting. A quorum is defined as a majority of appointed Committee members, excluding liaison members.

4. Each committee will provide the JAC members and the Corporate Secretary with minutes of each meeting in electronic format as soon as possible after the meeting. The minutes shall be posted on the POA website as soon as possible by the Corporate Secretary.

5. Each committee is to maintain a binder with minutes, studies, articles of important ideas, and suggestions that will be transferred from Chairman to Chairman each year.

6. In accord with P 1.01, all JAC meetings shall be open to all POA members.

7. The use of management manpower or other resources by a JAC may occur only with the prior approval of the General Manager and Board Chairman.

8. Each JAC shall provide an opportunity at each regular meeting for POA members to express their concerns or advance suggestions regarding the amenity.

V. ORIENTATION

1. The Chairman of the POA Board and the General Manager shall hold a meeting with the JAC chairmen as soon as possible after all are appointed for the upcoming year. The major purpose shall be to review desired and potential committee activities for the year.

2. Each new committee member will be encouraged to attend an orientation for new members jointly presented by the Chairman of the Board and the General Manager. This presentation will include a general overall orientation of the budget process, the purpose of the JAC’s, and their members as a whole, etc. At their first meeting each individual JAC will have a discussion in more detail of what is currently happening in that committee (to get them up to speed), advise what has happened in the past (to eliminate going over the same issues every year), and what the expectations of the committee are for the coming year and their role.

VI. REMOVAL OF COMMITTEE MEMBERS

1. Cause for removal shall include but not be limited to the following actions of a committee member:

a. Unexcused absence from four (4) regular scheduled meetings within the appointive year.
b. Failure to go through organizational channels.
c. Conduct detrimental to the Committee and/or the POA.

2. Initiating action for removal of a committee member shall come from a majority vote of the committee, the General Manager, or the Board Chairman.

a. Committee Chairman, General Manager or Board Chairman shall prepare, in writing, a
statement clearly identifying the offending action(s). A copy of the statement shall be provided to the Committee member in question.
b. Written rebuttal of such statement(s) may be offered to the General Manager and/or the Board Chairman by the member in question and/or other members of the committee.
c. In closed session, the General Manager, the POA Board as a whole, and the Committee Chairman if appropriate, shall consider the statement for cause. The member in question may be present at his/her discretion.

3. The Board may remove for cause any committee member by a two-thirds vote.

VII. COMMITTEE RESPONSIBILITIES

1. Golf Committee
The committee provides advice and recommendations regarding all facets of the golfing operations and facilities to the Board and/or the Administration. Each member is assigned a golf course for maintenance review on a monthly basis. Twice yearly the committee meets with the U.S.G.A. representative for a review of POA golf courses. The committee forwards any policy recommendations to the POA Board for consideration after interface with the General Manager and Director of Golf.

2. Lakes Committee
The committee advises the Administration and/or the Board on matters pertaining to the recreational use of the lakes in Bella Vista. Responsibilities include observing and making recommendations concerning present and future use of the lakes. The committee also will review all aspects concerning the lakes up to the beaches, and any associated amenities such as ramps, docks, marinas, cleaning stations and seawalls.

3. Recreation Committee
The committee assists in developing, updating and making recommendations to the Board and Administration on all facets of the operation of recreational activities and amenities operated by the POA. This pertains to all recreation activities other than Golf and Lakes, but does include beaches and parks adjacent to the lakes. The committee observes maintenance conditions of facilities and evaluates the current facilities’ needs. They also help plan for the future needs of the property owners in view of the changing demographics of the POA. Recommending activities to create an interest and participation in all phases of recreation is another area of this committee’s responsibilities.

1.07 BOARD MEETINGS Top

It is the purpose of this policy to provide for the planning, conduct, and reporting the proceedings of the regular meetings of the Property Owner’s Association Board of Directors.

I. BOARD MEETINGS

Board meetings are called in accord with the provisions of the Bylaws, Article VI, and POA policy 1.01. The Board will normally hold its regular meeting on the third Thursday of each month.

II. AGENDA

1. The agenda shall be formulated by a committee of three persons – the Board chairman, the vice Chairman, and the General Manager. The Board chairman will preside.

2. The agenda for a regular meeting will be formulated on a schedule that permits timely distribution of the agenda and supporting materials to the Board, and publicity to POA members. A draft agenda will be transmitted to Board members by e-mail at least one week prior to the regular Board meeting. The final agenda and a packet of supporting materials (required for each new agenda item requiring action, only new information for old business items) will be in the hands of Board members at least 48 hours in advance of the meeting. The agenda will be placed on the POA web site at the time the draft is distributed to Board members.

3. Any member of the Board may submit to the Chairman a matter to be considered for inclusion on the Board agenda. The committee shall have the authority to refer any submitted item to another committee for study, review, and recommendation, but any such item shall be considered for inclusion on the agenda for the following monthly meeting.

4. Any matter to be considered by the Board at its meeting must be on the agenda. Items may be added to the agenda at the beginning of the meeting if there is no objection. If there is objection the item will be included only upon the request of three members.

III. MINUTES

1. POA staff shall provide a first draft of the minutes to the Board chairman within four working days of the meeting. The chairman shall direct revision of the draft as necessary. After revisions are incorporated, and no later than two weeks after the Board meeting, the POA staff shall distribute the minutes to all Board members.

2. The minutes shall be placed on the POA website at the same time as they are distributed to Board members.

3. A printed copy of the minutes shall be presented at the next Board meeting for approval by the Board. Changes to the minutes may be made by consensus, or by a vote of the Board if called for. The resulting minutes will be the official record of the meeting.

4. The minutes shall include the voting records of Board members.

IV. CONDUCT OF THE MEETING

1. Board meetings shall be conducted in accord with the Simplified version of Roberts Rules of Order (Bylaws, Article XIV).

2. Board members are encouraged to provide written copies of motions they intend to make.

V. OPEN FORUM

Time will be provided on the agenda early in each regularly scheduled Board meeting for the conduct of an Open Forum during which members of the Association may address the Board under the following conditions:

1. Each member normally may speak for a maximum of three minutes

2. Repetitive statements shall be discouraged to save time. A show of hands may be called for as an indication of support by others present.

3. No personal attacks will be permitted.

4. Questions are encouraged and should be answered by the Board or General Manager where possible. Failing an immediate answer a commitment should be made to provide an answer on follow-up. The answer also shall be reported at the next Board meeting.

5. Statements by members containing errors of fact should be corrected in a non-confrontational manner.

6. Statements of opinion should not be challenged by the Board, thereby avoiding open debate.

7. Members should be thanked for their interest and contribution.

8. The issues and concerns raised by members shall be noted in the minutes of the meeting.

1.10 BOARD OF DIRECTOR’S ETHICS Top

PURPOSE: This Code of Ethics is to establish the basis for conduct expected of POA members who have been selected to serve on the Association’s Board of Directors, and thereby to act in behalf of all the members of the Association.

I. INTRODUCTION

The member’s of the Bella Vista Property Owner’s Association expect their elected Board of Directors, individually and as a group, to exhibit a high standard of ethical conduct and personal integrity in the performance of the Association’s business. Such conduct is essential to warrant members of the Association placing a high level of trust and confidence in the individual Board members and the Board as a group.

II. ETHICAL CONDUCT

a. Members of the Board of Directors serve in order to advance the best interests of the Association and all of its members. This includes making decisions that protect and enhance the property values of the members and promote the general welfare of the Village and its members. Board members must have an undivided allegiance to the mission of the Association.

b. In fulfilling this role it is essential, and expected, that Directors shall, both individually and corporately, exhibit the highest standards of ethical conduct. This includes loyalty to high moral standards and the interests of the Association ahead of private or personal interests or gain.

c. Board members are expected to be objective in evaluating personnel, programs, and policies of the Association.

d. Board members are expected to show due diligence in meeting their fiduciary responsibilities and protecting the assets of the Association.

e. Board members shall show respect for the views of others, both Board members, Association staff, and Association members. They should deal fairly and equally with members of the Association.

f. Board members shall ensure that they, both individually and corporately, act such as to follow the letter, spirit, and intent of all laws to which they and the Association are subject.

g. In dealing with external organizations and agencies, Board members shall act to protect the interests of the Association and its members.

h. Board members shall always act such as to bring credit to the Board and the Association and avoid behavior, or even the appearance of behavior, which brings discredit to their service on the Board or to the Board as a whole.

i. Board members should avoid any conflict of interest. If any exists it shall be declared openly to the Board in advance of any relevant decision-making.

j. Board members shall adhere to the requirements of confidentiality.

k. Board members shall be aware that they have no power or authority as individual members, but only when acting and speaking as part of the entire Board.

l. Board members shall act and speak in a manner which clearly indicates they have no special privileges or authorities due to service on the Board, but instead have assumed special responsibilities in serving on the Board.

III. STANDARDS OF CONDUCT

By following the ethical standards described above, members of the Board will exhibit standards of conduct that include those enumerated in detail in the Board Member’s Manual, the maintenance of which is the responsibility of the Board Chairman.

IV. IMPLEMENTATION

a. It is the policy of the Bella Vista Property Owner’s Association that members of its Board of Directors shall abide by this policy covering ethical behavior in service as a Board member.

b. Charges that any member(s) of the Board violated this policy must be presented in writing to the chairman of the Board. If the chairman is included in the charge the presentation shall be to the Vice Chairman of the Board.

c. The Board shall consider such charges in an Executive Meeting called for that purpose. The Board may take any action it deems appropriate, up to and including removal from office as provided in the Bylaws, Article III, Section 5.

d. The Board of Directors shall be the sole judge of whether this policy has been violated by any Board member.

e. The disposition of the charges shall be announced by the Board at an open meeting.

2.01 REGULATION OF COMMON PROPERTY - LAKES  Top

2.02 FACILITY RESERVATIONS AND FEE POLICY Top

I. PURPOSE

To provide for the manner in which POA facilities are rented by members and their sponsored guests.

II. FACILITIES AVAILABLE FOR RENT

The following facilities are available for rent:
Lake Ann, Lake Avalon, Kingsdale, Metfield, Tanyard, Tiree, and London Landing Pavilions
Blowing Springs Park, Branchwood Swimming Pool, Kingsdale Swimming Pool, Riordan Hall

III. FACILITY RESERVATIONS
 
A. Only a POA member or an official POA committee (refer to the Bylaws, Article VIII) may sponsor a function at a facility.
B. Reservations require the sponsor to enter a facility rental agreement.
C. Fees will be paid pursuant to the facility rental agreement.

IV. FEES FOR ORGANIZATION USE OF FACILITIES

It shall be the policy of the Property Owners Association (POA) that when organizations other than POA members use POA facilities, the event be sponsored by a member or a recognized committee of the POA and that a facility use fee be charged for the activity. Such fees will be established by Management subject to Board approval, be made generally known, and fairly applied. The Board delegates the authority to waive fees (see Bylaws, Article IV, Section 2C) for organization use of the POA facilities to the General Manager should he deem the intended use of the facility to be beneficial to the POA membership.

V. FACILITY RESERVATIONS AND PRIORITY

It shall be the policy of the POA to safeguard the rights of members by granting them, in general, priority over non-members in the use of facilities. The POA cannot guarantee that a member will, in every instance, be granted use before a non-member, and it is not the desire or policy of the POA Board of Directors (the Board) to do so. Instead, it is the intent of the Board to provide a coherent system of priorities based first on membership, second on availability in terms of time order of request for appropriate use and, finally, on economics. Regularly scheduled groups may be pre-empted by paying groups.

2.03 GOLF CART REGISTRATION Top

I. PURPOSE

To permit and control the use of privately owned golf carts on Bella Vista golf courses.

II. GOLF CART REGISTRATION

Registration with the Membership Services Office is required for all privately owned golf carts used on Bella Vista courses.

III. PAYMENT OF FEES

Golf cart registration fees are due annually. Such fees are non-refundable and non-transferable. If a property owner has registered a golf cart previously, the entire yearly fee must be paid regardless of date of registration. The fee is pro-rated on a quarterly basis only for first time registration.

IV. PER ROUND FEE IN LIEU OF REGISTRATION

Members with privately owned golf carts that do not wish to pay an annual registration fee may opt to pay a per round fee instead.

V. MANNER OF REGISTRATION OR RENEWAL

Registration or renewal may be done in person at the Membership Services Office, by mail, or electronically.

VI. REQUIREMENTS FOR REGISTRATION

In order to obtain golf cart registration, a property owner must:
a) Be a Member in Good Standing;
b) Hold a Current Photo I.D. Card.

2.04 BOAT REGISTRATION AND MOORING LEASE AGREEMENT Top

I. PURPOSE

To describe the requirements to operate a privately owned boat on Bella Vista lakes and/or store same in a POA owned slip.

II. BOAT REGISTRATION

Registration with the Membership Services Office is required for all boats used on Bella Vista POA Lakes. Boats to be registered and appropriate fees are listed on the current POA Schedule of Fees. Registration provides evidence of permission for the boat to be on the lake and serves as an aid in identifying and recovering lost or stolen property.

A. Payment of Fees

If a property owner has registered a boat in the previous year, the entire annual fee (and any Late Penalty Fees) must be paid regardless of date of registration. The fee is prorated quarterly for first time registrations only.

B. Late Penalty Fee

Any boat operated on any Bella Vista POA Lake that does not have a current year registration sticker after March 31st each year will be assessed a Late Penalty Fee for boat registration. Lake Rangers and other authorized POA personnel will provide the Membership Services Department with a list of violators. The Late Penalty Fee is to be collected by the Membership Services Department at the time of boat registration.

C. Requirements for Registration

1. In order to obtain annual or temporary boat registration, a property owner must:
a) Present a Current State Registration Certificate;
b) Be a Member in Good Standing;
c) Present a Current Photo I.D Card;
d) Show proof of ownership or provide a signed and notarized Boat Lease Agreement.
e) Sign an agreement to abide by the POA’s rules and regulations as well as state and federal law when registering any boat.

2. In order for a guest to obtain temporary boat permits, the following conditions must be met:
a) Present a Current State Registration Certificate;
b) Present a Current guest card;
c) The member sponsoring the guest must be a Member in Good Standing.
d) Sign an agreement to abide by the POA’s rules and regulations as well as state and federal law.

D. Manner of Registration or Renewal

Registration or renewal may be done in person or by mail.


III. MOORING AND LEASE AGREEMENT

A. Term

All mooring and lease agreements are for an annual period (January 1 through December 31).

B. Fees

All lease fees as provided by the POA schedule of fees for marina slips, shoreline mooring, and rack storage are due no later than March 31st of each year. If lease fees are not received by March 31, the lease is terminated in accordance with the lease agreement.

C. Penalties

Lease fees not received by the due date will be assessed penalties.

A copy of this policy and a copy of the “Bella Vista Fishing Boating and Water Sports” regulations will be given with each boat registration and/or mooring lease agreement.

3.01 PENALIZING A MEMBER   Top

I. PURPOSE

To provide for the enforcement of POA Rules and Regulations.

II. IN GENERAL

It shall be the policy of the Bella Vista Village Property Owners Association that, prior to suspension of the enjoyment of the rights of any member, otherwise known as membership privileges, for any infringement of its rules and regulations and violations of the Declaration and Protective Covenants, the Board will allow the member the right of appeal to the Board and the member shall be notified in writing of such right of appeal. Article VIII, Section 3(E) of the Declaration & Protective Covenants, Article IV, Section 2(E) of the Bylaws.

Examples of circumstances that can lead to the suspension of membership privileges include, but are not limited to:

1. The member’s assessment payment is ninety days past due on any lot owned, or

2. The member owns property which has been determined by the Architectural Control Committee (ACC) to be in violation of the Declaration and Protective Covenants or the POA Rules and Regulations and Policies, or

3. The member is delinquent for any payments due to the POA.

4. The member violates POA rules, regulations, and/or policies.

III. GUIDELINES FOR SUSPENSION OF MEMBERSHIP PRIVILEGES

1. The General Manager shall inform the member of the rule infringement charge, the action taken,
and the right of the member to appeal the decision to the Board.

2. The member shall have five (5) days after receiving notice of the charges to respond to the charges in
writing or to request an appeal before the Board. If no appeal is made, the decision of the General
Manager shall be final.

3. If the member requests an appeal before the Board, the Board shall set a hearing during executive
session of the next regular Board Meeting. During executive session, the Board shall, unless the
Board requests additional information regarding the incident, make its ruling as to what punishments, if
any, will be given to the member, and inform the member in writing of said punishment, including a
letter of reprimand or suspension of membership privileges up to a maximum of 30 days.

4. The General Manager shall maintain a file of all such infringements and letters of final decision.

IV. GUEST OR DEPENDENT ACTIONS ARE SPONSOR'S RESPONSIBILITY

Guest actions and dependant actions’ are the responsibility of the member sponsor. Penalties will be against the member to the same extent as if the member had committed the violation.

V. TENANT ACTIONS ARE THE LANDLORD’S RESPONSIBILITY

Tenant actions’ are the responsibility of the respective landlord member. Penalties will be against the member to the same extent as if the member had committed the violation.

3.02 IDENTIFICATION CARDS Top

I. PURPOSE

To describe how various forms of member identification may be obtained and the benefits of each.

II. PAPER MEMBERSHIP CARD

A. How Issued

Members receive a paper membership card annually. Provided the member’s account is in good standing, paper membership cards may also be issued at the Membership Services Office during business hours.

B. Benefits

A paper membership card guarantees the use of the amenities at the guest rate.

C. Multiple Lot Owners

An agreement may be reached with multiple lots owners to receive less than a membership card for each lot.

III. PHOTO I.D. CARD

A. How Issued

Members may purchase a Photo I.D. card at the Membership Services Office during regular business hours. The member must provide proof of ownership at the time of purchase. Members with active Photo I.D. cards may renew by mail or internet provided they are in good standing.

B. Benefits

A Photo I.D. card guarantees the use of the amenities at the membership rate.

IV. TEMPORARY PERMIT

A. How Issued
 
Temporary permits may be obtained, for the appropriate charge, after regular business hours on weekdays and some weekend hours at Riordan Hall, the Country Club Pro Shop, Metfield, Branchwood, Scotsdale Pro Shop, Kingsdale Pro Shop, Tanyard Creek Pro Shop, and Highlands Pro Shop.

B. Duration

Temporary permits obtained during evening and weekend hours are valid for three business days but must be exchanged for a Photo I.D. Card at the Membership Services Office, or by mail, in accordance with instructions issued with the Permit. A late fee (see current fee schedule) will be charged for Temporary Permits not exchanged in person or mailed for exchange within the three business days.

C. Benefits

A temporary permit, like a Photo I.D. card, guarantees the member use of the amenities at membership rates.

V. 30 DAY IDENTIFICATION CARDS

A. How Issued

Members may obtain a 30 Day Identification Card at the Membership Services Office during regular office hours. After regular business hours on weekdays and some weekend hours, the Card may be purchased at Riordan Hall, The Country Club Pro Shop, Metfield, Branchwood, Scotsdale Pro Shop, Kingdale Pro Shop, Tanyard Creek Driving Range/Pro Shop, and Highlands Pro Shop.

B. Benefits

A 30 Day Identification Card guarantees the use of the amenities at the membership rate so long as such amenities are not based on annual registration. Examples of amenities with annual registration requirements include, but are not limited to, the following: Boats; Marina Slip, Mooring Slot, or Rack Leases; RV storage; Golf Cart Trail Fees or Leases; Branchwood or Riordan Passes; or Outdoor Swimming Season Passes.

Monthly or 30-day registrations must end no later than the expiration of the 30-Day Identification Card. Examples of amenities with monthly registrations include, but are not limited to, the following: temporary boat permit; marina boat slip rental; RV pad rental; 30-Day Branchwood and Riordan Passes; and 30-Day Outdoor Swimming Passes.

VI. RECIPROCAL IDENTIFICATION

A member from a sister Cooper Community Development may enjoy the use of POA amenities at a reduced rate provided he/she can provide either a paper membership card along with an additional form of photo identification or a photo membership card to staff at Membership Services, one of the pro shops, or the marina.

3.03 GUEST POLICIES Top

PURPOSE: To define through a Board Policy the conditions under which those persons other than members of the Property Owner’s Association may be allowed access to fee-based POA amenities.

I. Guests

1. A guest is a person who is not a member or associate member of the POA and who desires to have access to the fee-based POA amenities on a temporary basis.

2. There shall be only four categories of guests permitted to have access to the fee-based amenities:

a. Those who are “Regular guests” of an individual member or associate member of the POA.

b. Those who qualify as “Reciprocal guests” by virtue of being a member of one of the other Cooper Communities, Inc. (CCI) developments covered by an agreement between the POA and CCI.

c. Those who are “Participant guests” by virtue of being invited/permitted to participate in a specific POA-sponsored or POA-sanctioned event at a specific facility. Such events must have the formal approval of the POA, normally through a contract signed by management. Examples are golf tournaments, fishing tournaments, tennis tournaments, gun tournaments, etc. which often include participants who are not POA members.

d. Those who are “Renter Guests” by virtue of a written request from the property owner , and which verifies that the property will be occupied by the renter for 90 days or more, which request can be withdrawn by the property owner at any time. Such Renter Guests (and their resident family members) may have access to POA amenities upon presentation of a “Renter Guest” photo-ID card, valid until the termination date of the rental agreement or lease, obtainable from Member services. Renter guests will not have access to annual fee programs but will pay “Member Accompanied Guest” fees, or guest fees, whichever is less for each amenity.

3.06 MEMBERSHIP CARDS Top

3.08 PARKING OF VEHICLES Top

I. PURPOSE

To provide for the aesthetic appeal of Bella Vista Village by describing the regulations that shall apply to the parking or storage of vehicles and property on POA Property.

Parking on non-POA properties, including residential properties and streets, is regulated by an ordinance of the City of Bella Vista.

II. PARKING

1. There shall be no overnight parking on POA property other than as provided in section 2 below.

2. In order to provide parking for guests of property owners, where sufficient area is not available at their home, the following regulations shall apply:

a. Overnight parking for unoccupied cars, pickups, RVs, and SUVs may be allowed at POA owned parking facilities only with available space and a permit.

b. Free parking permits, for guests may be obtained through the Membership Services Office. This permit will have an expiration date, not to exceed seven days from date of issue, and must be visible at all times. These permits are for unoccupied vehicles only. Failure to comply with these regulations for an overnight parking permit will be strictly enforced by towing of vehicle at owner’s expense.

c. A limited number of parking permits per year will be issued to POA members. The Parking Permit program will be reviewed periodically to make any necessary adjustments.

3. The parking of semi tractors and trailers on POA property is normally prohibited. A permit may be issued by the sponsoring Division for such parking at POA-sanctioned events/activities for a limited period.

4.02 EXTERIOR MAINTENANCE POLICY Top

I. PURPOSE

To describe the process by which exterior maintenance is performed and charged when the property owner fails to do so.

II. AUTHORITY

Article XIII of the Declaration and Protective Covenants authorizes the POA, in its discretion, to provide exterior maintenance for any buildings or grounds not properly kept by the owner of the lot or living unit. The cost of clean up may be assessed against the lot or living unit and be charged as part of the annual assessment. The cost can be collected by foreclosure of the continuing lien against the property.

The goal of the ACC and the POA is to identify problem properties without proper exterior maintenance and to have the property cleaned. This goal shall be achieved by following a procedure of identifying problem properties, making contact with the property owner to notify them of the violation of the Declaration and Protective Covenants, to require the owner to clean up the property at his own cost, and failing that effort, cleaning the property by the POA and adding the cost of cleaning to the annual assessment. The POA delegates to the ACC the authority to enforce this policy.

III. DEFINITIONS

For the purposes of this policy, the following words and phrases shall have the meaning indicated:

1. "Building and grounds" shall mean any improvements or grounds on any Lot or Living Unit and shall include Common Property areas adjoining lots such as lake front areas between a lot and the water's edge, seawalls, boat docks, slips and boat houses or such other parcels of Common Property which have been permitted to be used by the owner of an adjoining Lot or Living Unit.

2. "Exterior maintenance" includes paint, repair, replace, and care for roof, gutters, downspouts, exterior building surfaces, trees, shrubs, grass, walks, and other exterior improvements for building and grounds. In instances where normal exterior maintenance of buildings or improvements is not economically feasible, exterior maintenance may include demolition of the building or improvement.

3. "Lot or Living Unit" shall be defined as set forth in the Declaration and shall include buildings and grounds and appurtenances thereto for the purposes of this policy.

IV. PROCEDURE

The procedure shall be as follows:

A. The ACC shall identify lots not maintained properly. Identification of problem lots shall be by complaints to the ACC office or discovered during routine ACC inspections.

B. The ACC staff shall investigate and shall determine if there is a violation and the extent of the violation.

C. If a violation is found, the ACC shall identify the owner of the lot and shall notify the owner of the alleged violation in writing, and inform that the violation must be corrected within a period of time to be determined by the ACC.

D. If the violation is not cured within the time period allowed by the ACC notice, the ACC shall refer the matter to POA.

E. The General Manager shall, upon notice by the ACC, suspend membership privileges and make arrangements for an independent contractor to perform the work necessary to provide for the proper exterior maintenance of the property.

F. The POA shall give notice to the owner that the authority under Article XIII has been exercised and that the owner is obligated to pay to the POA the cost of the exterior maintenance. The cost of maintenance shall be included in the assessment to determine if there is a delinquency in payment of assessments, and shall serve as a continuing lien on the property pursuant to Article XIII.

6.02 OFFICIAL POA PUBLICATION AND RELEASE OF INFORMATION Top