CONTENTS

Preface
    Introduction
    General

Lots
    Introduction
    Exterior of Residence
    Grounds within Property Boundaries
    Street Right-of-Way

Association Clubhouse
   
Association Swimming Pool
   
Association Tennis Courts

Association Business




Etowah’s Reach lot owners and their families, renters, and all guests shall abide by the Rules and Regulations which supplement those set forth in the Declaration and the Bylaws.



The Rules and Regulations for Etowah’s Reach Common Elements and Lots are for the safety and enjoyment of all users and to provide fair and consistent procedures.  The following are supplemented by separately published compilations of rules and regulations that are specific to functional areas.  All such compilations are given an effective date and on that date replace the previous version.

1.   It is the responsibility of Renters and Association Members that they and their guests comply with the activity rules for the swimming pool and surrounding deck, tennis courts, and clubhouse.  Supervision by an adult (age 18 or older) is required when users of these facilities are below the age specified in the Rules and Regulations for a specific activity.

2.   Reserving the clubhouse for private functions shall be limited in accordance with the reservation policy attached to these Rules and Regulations.

3.   Enforcement of the Rules and Regulations shall be the responsibility of the Board of Directors and Declaration Article 15 “Enforcement Procedures” shall govern.

4.   Use of the common areas are at Renters, Association Members, and their guests risk.  The Association cannot be held responsible for injuries incurred on the Common Elements due to user negligence.

5.   It is the responsibility of Renters and Association Members that they and their guests maintain the safety and cleanliness of the common elements.



These rules and regulations apply to individual lots and improvements or changes thereon.  If an improvement or change requires Association approval, the approval process is initiated by submitting the designated request form to the Architectural Review Committee.  This request form shall be reviewed by the Architectural Review Committee for completeness and compliance with current applicable documents.   The rules and regulations are, however, subordinate to controls and procedures described in the Declaration and in the Bylaws.  Declaration Articles 6, 12, and 13 are the primary sources of controls.  The Architectural Review Committee shall determine the appropriateness of proposed improvements that require Association approval by considering input from affected neighbors and the community as a whole.  Improvements and changes not addressed in the Documents require Association approval.  Approval for an improvement or change shall terminate twelve (12) months after it is granted.  An extension of the time period may be allowed for good cause provided it is requested at least fifteen (15) days prior to the original termination date. Association Members concerned about a possible violation of Declaration Articles 6, 12, and 13 or the following Rules and Regulations for Lots shall submit the “Violation Identification” form attached to these Rules and Regulations to the Architectural Review Committee.  The Committee must deliver the form and their position on the issue to the Board within fifteen (15) days of its receipt.
 

1.  Awnings (permanent or retractable) may be attached to the outside walls of the residence.  The color and style of such awnings must be compatible with the appearance of the residence.  All awnings shall be kept in good repair.

2.  Replacement, maintenance, and repair of the residence exterior and roof do not require Board approval when conforming to the aesthetics of Etowah’s Reach.

3.  Additions to the residence such as rooms, room enlargements, and open and enclosed porches and decks must be approved by the Board.
                   


1.  Freestanding structures/constructions on the grounds such as storage sheds, gazebos, playhouses, hot tubs, swimming pools, tree houses, greenhouses, and hard surface playing areas are prohibited.
   
2.  A visible single FOR SALE or FOR RENT sign may be placed on the grounds.  Such sign and holder shall not exceed 2 inches in thickness and 26 inches in width and its top shall not be greater than 36 inches above the ground.  Signs of any other kind (except
political signs - see Declaration Article 6, Section 6.14) are prohibited.

3.  No clothes lines of any type are permitted.

4.  Perimeter fencing (full or partial) is prohibited.  However, to remedy a nuisance originating on a non Etowah’s Reach lot that abuts an Etowah’s Reach lot, appropriate fencing is possible upon prior approval of the Architectural Review Committee.

5.  Internal decorative fencing when conforming to the aesthetics of Etowah’s Reach and not exceeding twenty-four (24) inches in height is permitted.

6. Permanent outdoor structures to contain/restrain animals are not permitted. A removable structure/restraint may be used for a total of four (4) hours per day: however, if left out for more than four (4) consecutive hours, it will be considered a permanent outdoor structure.

7.  Estate, garage, moving, and yard sales are permitted; however the sellers must take steps to prevent buyers from parking their vehicles on adjacent properties or parking their vehicles in a manner which prevents access to properties.  Any sale must be conducted in a manner which controls traffic flow and parking and allows for emergency vehicle passage.

8.  Garbage and rubbish must be placed in containers that are screened from view.  Garbage containers shall have lids that deter foraging by animals.

9.  Burning of leaves, branches, and other plant growth is permitted only if proper permits and approvals of all immediate neighbors in resident at the time of the burn are obtained.

1. The North Carolina Department of Transportation does not permit hazardous obstructions in the street right-of-way (ROW) such as brick or stone mail boxes, asphalt curbing placed adjacent to the pavement to divert surface water, substantial fencing, signs, and line-of-sight restricting vegetation. The ROW for St. Andrews Drive is 50 feet and it is 45 feet for all the courts. The respective pavement widths should be 20 feet and 18 feet. The cul-de-sac at the end of St. Andrews Drive should have a ROW radius of 51 feet and a pavement edge radius of 35 feet. The court cul-de-sacs should have a ROW radius of 50 feet and a pavement edge radius of 35 feet when the cul-de-sac is symmetrical. When the cul-de-sac is offset, it should have a ROW radius of 48.5 feet and a pavement edge radius of 35 feet. Pertinent North Carolina general statutes and administrative codes are included in the General Information portion of the governance documents.

2. The ROW area between the lot property line and the pavement edge must be maintained by the lot owner at the same level of care given to the owner’s lot.



These rules and regulations insure that the clubhouse and its furnishings will be used by adult and minor residents and guests in a manner that maintains a safe, clean, orderly, and secure environment.  

1.  Minors under 18 may use the clubhouse only when accompanied by an adult.

2.  Lights and fans shall be turned off upon leaving.

3.  All exit doors shall be shut and locked upon leaving.

4.  The heating/cooling thermostat shall be returned to its posted temperature setting upon leaving.

5.  All blinds shall be in their closed position (minimizes heat loss/gain) upon leaving.

6.  If the kitchen is used, the sink, counter tops, utensils, and appliances must be cleaned before leaving.
   

7.  If tables and/or chairs have been used, they shall be returned to their proper storage places upon leaving.

8.  If the ping-pong table has been used, it shall be collapsed according to the instructions affixed to the underside and returned to its proper storage place upon leaving.

9.  Trash shall be properly disposed of in the available wastebasket before leaving.  If debris has accumulated on the carpet or linoleum, the vacuum cleaner shall be used.

10. Furniture may be borrowed only with prior approval of the Clubhouse Committee chairman.

11. Smoking is prohibited within the building.

12. Pets are prohibited inside the clubhouse. The exception is a service animal.

13. The clubhouse may not be reserved.  The exceptions are an Association sponsored activity and an Association Member’s private party.


14. Bulletin board use shall be limited to Association business and Association Member announcements per the posted rules.

15. Book exchanges/loans/donations shall be per the posted rules

16. Use of the Association audio equipment shall be in accordance with the provided user instructions.



These rules and regulations insure that the swimming pool, its surrounding area, and the furnishings will be used by adult and minor residents and guests in a manner that allows everyone  wishing to use the facility to enjoy the occasion safely. Use of the pool is at the risk of the user.  The Association does not provide a lifeguard. 

1.  The clubhouse door lock combination which is necessary for access to the pool enclosure may not be given to non-residents of Etowah’s Reach.

2.  Enter and exit the pool enclosure via the sliding door nearest the rest rooms.

3.  Individuals under age 18 (minors) are allowed inside the pool enclosure only when accompanied by an adult resident or the resident’s adult daughter or son who shall remain at the pool for the entire time the family member minor(s) and/or guest minor(s) are using it.

4.  When children age twelve (12) and under are inside the pool enclosure, they shall be directly supervised by an adult.

5.  If the supervising adult must leave the pool enclosure, the child/children must also leave the pool enclosure.  

6.  The names of all individuals entering the pool enclosure, whether to use the pool, supervise a pool user, or lounge about, must be recorded in the Pool Registry.

7.  Glass and breakable plastic in any shape or form is prohibited inside the pool enclosure.

8.  Alcoholic beverages are prohibited inside the pool enclosure.  The exception is an Association sponsored activity.

9.  Pets are prohibited inside the pool enclosure. The exception is a service animal.

10. Removal of pool enclosure furniture is prohibited.

11.  Keep the pool enclosure clean by using the provided trash containers.

12.  When only lap swimmers are in the pool, the float rope may be detached.  At all other times it must be attached.

13.  Diving into the pool on the shallow side of the float rope is prohibited.

14.  Pool time can be reserved only for Association sponsored activities.  Such reservations must be published each month by way of the ERPOA monthly events calendar.

15.  Boisterous behavior in the pool and in the pool enclosure is prohibited.

16.  No running in the pool enclosure.

17.  The last person to leave the pool enclosure must lock the sliding door and the clubhouse entry door.

18.  Smoking in the pool enclosure is prohibited.

19.  Use of the pool by persons with communicable diseases, open sores, skin diseases and skin rashes is prohibited.



These rules and regulations insure that the two tennis courts and the associated furnishings will be used by adult and minor residents and guests in a manner that allows everyone wishing to use a court to enjoy their time on the court.  Everyone uses the courts at their own risk.  

1.  Individuals under age 13 are allowed inside the fence as observers or players only when accompanied by an adult resident.

2.  During play the fence gates must be securely closed.

3.  Playing attire shall cover the torso.

4.  Proper tennis footwear shall be worn.  

5.  Net shall be tightened before play and released after play.

6.  A court may not be reserved.  The exception is an Association sponsored activity which is permitted to reserve in advance one or both courts on their desired days and time periods.  This reservation must be published each month by way of the ERPOA monthly events calendar. 

7.  When one or both courts are not in use under the above reserved exception, their use is on a first come, first served basis.  However, if the available court or courts are in use when additional players arrive to play, the court users shall relinquish their court one (1) hour after they started their play - the hour may be extended to complete a game in progress.  Waiting players do not have to stay in the vicinity of the court to maintain their position in the waiting line if they make it known to the current court users that they will return prior to the mutually agreed relinquish time.

8.  Only nonalcoholic beverages in nonbreakable containers are permitted inside the fence.

9.  Pets are prohibited inside the fence.

10.  Activities other than tennis are prohibited inside the fence.

11.  Keep the area inside the fence clean by properly disposing of trash.

12.  Smoking is not permitted inside the fence.

13.  Use of the ball machine to practice is permitted only when there are no players wanting to use the court. Operation of the machine is potentially dangerous to both the user and bystanders, therefore it is necessary to control its use by the following:
   



These rules and regulations are intended to assist Etowah’s Reach residents and the Association officers in conducting association business.
                   
1.  Business Meeting Etiquette
A parliamentarian, if present at regular and special meetings, shall ensure that business is conducted in accordance with commonly accepted parliamentary procedures.  The parliamentarian is defined as a designated person who will, as needed, provide direction to the person chairing regular and special association meetings in matters pertaining to debate procedures, motion procedures, and general procedures for conducting such a meeting. The “Basic Parliamentary Procedure Reference” information attached to these Rules and Regulations shall be utilized by the parliamentarian.

2.  Voting at Meetings
When a vote is conducted at a regular or special meeting, there shall be a roll call to count the number of Eligible Voters (properly submitted absentee ballots, voters present, and voters present with proper proxies) that may vote on the issue.
   
3.  Tellers Report
The tellers report shall show the total number of ballots cast and a breakdown of the ‘affirmative/for’, ‘against’, and ‘abstention’ votes cast and shall be posted immediately in the Clubhouse.

4.  Position Descriptions
The Board shall maintain position descriptions that describe the duties and necessary qualifications and competencies for officers, committee chairs, and committee members.

5.  Standard Operating Procedures
The Board shall maintain standard operating procedures for all processes that the holders of elected and appointed positions are charged with carrying out.

6.  Proposed Project
Association Members desiring the Association to undertake a project shall submit to the Board  the form “Request for Board Action” that is attached to these Rules and Regulations.  A minimum of 20 lot owners must cosponsor the desired project and their names must be attached to the Request for Board Action form.

7.  Proposed Annual Operating Budget Form
The Board shall, as a minimum, submit to the Eligible Voters the proposed annual operating budget using the format and information shown on the “Year ‘X’ Proposed Operating Budget Model” attached to these Rules and Regulations.

8.  Candidate Information
Candidates for elected positions shall submit their qualifications for the office sought by using the “Board Candidate Form” attached to these Rules and Regulations.

9.  Violation Identification
Association Members desiring Association action on an observed violation of one or more restriction or procedure of the Declaration, Bylaws, or Rules and Regulations shall submit the form “Violation Identification” that is attached to these Rules and Regulations.

10. Inspection of Association Records
Association Members desiring to view the records of the Association shall submit the form “Inspection of Association Records” that is attached to these Rules and Regulations.

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