NOTE: This document is divided into two (2) parts. Part I defines terms, and addresses other issues related to amenity usage and voluntary participation. Part II sets forth the terms and conditions.
As used herein, the terms set forth below shall have the following meanings:
Agreement: This, The Groves Amenity Membership Agreement, which is limited to the type of membership specified in Part II. A. of this document.
Amenities: All amenities, current and future, within the Facilities, which included, but are not limited to, the fire pit(s), fireplace(s), pool furniture, and any lifestyle event supplies.
Association: The Groves Community Association, Inc., a Texas non-profit corporation, its successors and assigns.
Facilities: All of The Groves Amenities, current and future, which include, but are not limited to, the Pool, Pavilions, Lifestyle Center, Fitness Center, Parks, Playgrounds, Trails, Trail Features, Water Amenities, Fishing Poles, Yard Games, etc. as well as any other improvements added to the Facilities by the Association.
Rules: Rules adopted and published by the Association relating to the use of the Facilities and the hours of operation. Members are notified that the Rules may vary as to portions of the Facilities. For example, the Rules relating to the Pool Amenities may differ from the Rules relating to the Pavilion Amenities, including, without limitation, the hours of operation and the maximum number of members entitled to use those amenities at a given time.
B. OPERATION OF THE FACILITIES
The Association owns and shall manage the Facilities. The Association shall determine the hours during which the Facilities shall be available for use and publish the hours of operation in the Rules. The hours of operation may be changed by the Association at any time as it deems necessary or appropriate. The Rules may also include standards of conduct for all members using the Facilities. The Association shall establish a maximum number of members entitled to use the Facilities, or some portion thereof, at a given time. If the Facilities, or some portion thereof, are being used at maximum capacity, the Association shall have the authority to deny access to the Facilities, or the applicable portion thereof, to members until such time that use declines below maximum capacity. In those instances, a member who is not allowed to use the Facilities, or some portion thereof, because use is at maximum capacity, will not be entitled to a refund or credit of any portion of the applicable membership fee. Each member shall be required to sign a document acknowledging the receipt of a copy of the Rules relating to the Facilities. By signing the acknowledgment, the member agrees to be bound by and comply with the Rules, as well as all terms and conditions of the applicable membership plan.
C. ACCESS KEY FOBS
Use of Facility Fobs: Facility Fobs are the property of The Groves Community Association, Inc. and are issued to Residents for their exclusive use. Facility Fobs can only be used by authorized persons 13 years of age or older. The Association may, if deemed appropriate, suspend resident privileges and/or assess fines for improper or unauthorized use of a Facility Fob. A resident 18 years of age or older must accompany all guests while using any facility.
Number of Facility Fobs: Two (2) Facility Fobs will be issued to the Resident(s) of a property in The Groves to gain entry into controlled access Facilities. A Resident may purchase up to two (2) additional Facility Fobs at $25.00 each. A maximum of four (4) Facility Fobs per household in The Groves may be issued.
Lost Facility Fobs: A Resident must immediately report a lost Facility Fob and pay a Lost Fob Fee of $25.00 before a replacement will be issued.
Returning Facility Fobs: A Resident may elect to return Facility Fobs prior to selling their home. All Facility Fobs will be deactivated once the Association receives a request for a Resale Certificate for a property.
D. TEMPORARY SUSPENSION OF AMENITY ACCESS
The Groves Community Association member’s amenity access may be suspended during a period in which the member is not in good standing with the Association. A person is not in good standing with the Association if that person (a) remains delinquent in the payment of the quarterly maintenance charges or other assessments thirty (30) days after receiving written notice of the delinquency from the Association, (b) is delinquent in the payment of a fine levied by the Association, (c) has an unresolved deed restriction violation on his/her lot in The Groves that has progressed to the stage of a notice of violation and/or a fine, or (d) is determined to have provided false information to the Association in connection with an ARC application. If facility and amenity privileges are suspended for a reason set forth in (a), (b), or (c), above, the facility and amenity privileges will not be restored until
The Groves Community Association, Inc. Amenity Membership Agreement