The Club at Bella Collina - Membership Plan (4 of 6)
TRANSFER THROUGH WAITING LIST
A resigned Golf Membership will be placed on a waiting list and will be reissued on a first-resigned, first-reissued basis as follows, unless the Golf Member arranges for the subsequent purchaser of his or her residence or homesite in the Community to acquire his or her Golf Membership:
(a) Prior to the initial sale of all Golf Memberships within a Golf Membership category, every fourth Golf Membership issued (1 in 4) will be a resigned Golf Membership from the waiting list, provided there is a resigned Golf Membership on the waiting list. The other three Golf Memberships sold will be from the Club’s unissued Golf Memberships. This procedure allows the reissuance of resigned Golf Memberships prior to the issuance of all Golf Memberships in the Club.
(b) After the initial sale of all Golf Memberships, each Golf Membership sold will be a resigned Golf Membership from the waiting list.
A Sports Member owning a residence or homesite in Bella Collina may not resign the Sports Membership (associated with such residence or homesite) without a sale of the residence or homesite, except after combination of homesites in accordance with the “Ownership of Multiple Residences or Homesites” section of this Membership Plan. In the event of resignation of a Sports Membership after combination of homesites, the Club may reissue the resigned Sports Membership to a person who does not own a residence or homesite and who satisfies the Club’s membership criteria.
A resigned Sports Membership will be placed on a waiting list and will be reissued on a first-resigned, first-reissued basis as follows, unless the Sports Member arranges (or is deemed to have arranged pursuant to the terms of this Membership Plan) for the subsequent purchaser of his or her residence or homesite in the Community to acquire his or her Sports Membership:
(a) Prior to the initial sale of all Sports Memberships, every fourth Sports Membership issued (1 in 4) will be a resigned Sports Membership from the waiting list, provided there is a resigned Sports Membership on the waiting list.
The other three Sports Memberships sold will be from the Club’s unissued Sports Memberships. This procedure allows the reissuance of resigned Sports Memberships prior to the issuance of all Sports Memberships in the Club.
(b) After the initial sale of all Sports Memberships, each Sports Membership sold
will be a resigned Sports Membership from the waiting list.
Transfer to new property within community
If a Member sells his or her residence or homesite within the Community, and purchases another residence or homesite within the Community, he or she may continue that Membership regardless of the type of Membership held by the seller of the new residence or homesite. However, the availability of a Membership for the purchaser of the Member’s residence or homesite shall be determined as follows:
If the Member purchases a residence or homesite from another Member who resigns his or her Membership upon the sale of the residence or homesite, the purchaser of the first Member’s property in the Community can then acquire, through the Club, the resigned Membership for the then current Membership Deposit, subject to submission of proper forms from both the Member moving within the Community and the resigning Member.
If a Golf Member purchases a residence or homesite from anyone other than another Golf Member, a Golf Member may take his or her Membership with him or her to the new residence or homesite; however, the purchaser of the Member’s property can acquire a Golf Membership only if available and not reserved.
Transfer of membership upon death of member
Upon the death of a Member, the Membership will be transferred to the Member’s surviving spouse without the payment of any additional Membership Deposit; provided, however, that if the Membership is associated with a residence or homesite in the Community, then the spouse would be required to be or become the owner of such residence or homesite in order to become a transferee of such deceased Member’s Membership. If there is no surviving spouse or the surviving spouse does not desire to continue the Membership, the Membership will be deemed to have been resigned (except as provided below with respect to owners of a residence or homesite in Bella Collina), and will be reissued by the Club on the same basis as any other resigned Membership.
The foregoing provisions are subject to the requirement that each property owner in Bella Collina must acquire and maintain at least a Sports Membership pursuant to the Declaration, and no owner of a residence or homesite in Bella Collina may resign a Sports Membership associated with such residence or homesite and must acquire a Sports Membership upon the resignation of any Golf Membership associated with such residence or homesite.
Legal separation or divorce of married members
In the event of the divorce or separation of spouses having Membership privileges, the Membership, including all of its rights and benefits, will vest in the spouse awarded the residence or homesite in the Community by an agreement of separation or a decree of divorce or, in the case of a Member who does not own a residence or homesite in the Community, the spouse awarded the Membership by an agreement of separation or a decree of divorce. Until the award of the residence or homesite in the Community or the Membership, as the case may be, and written notice thereof is provided to the Club, both spouses will be jointly and severally liable for all dues and charges and both may continue to enjoy Membership privileges so long as such amounts are timely paid. The Club reserves the right, in its sole discretion, not to transfer the Membership to either spouse if the Club, in its sole discretion, is unable to determine the person who is lawfully entitled to receive the Membership. In the case of divorce, if the Club has been unable to determine which spouse is legally entitled to the Membership within six months after the date of the divorce decree, both spouses shall remain jointly and severally liable for all dues and charges.
DUES AND CHARGES
Dues , fees and charges
The Company will determine the amount of dues, fees and charges to be payable by Members each calendar year, in its sole discretion. Dues shall be payable on a monthly basis, unless otherwise determined by the Company from time to time in its sole discretion. The current dues, fees and charges for use of the Club Facilities are indicated on the Schedule of Dues, Fees and Charges. The amount of dues, fees and other charges is subject to change from time to time by the Company. If a Member fails to pay any dues, fees and other charges, the Club may suspend the Member’s privileges for non- payment and may take such other remedies including but not limited to placing a lien on the Member’s property in Bella Collina as set forth in the Declaration.
For a Member to be in “Good Standing” with the Club, the Member must be current (meaning no more than thirty (30) days delinquent) in the payment of all amounts due the Club for all dues, fees and other charges. In addition to the remedies provided for in the Declaration, if a Member is not in Good Standing with the Club, the Company may, at its option, suspend the Member’s privileges in addition to any other rights and remedies available at law or in equity.
No assessments against members
Members will only pay Membership dues, fees and other charges established from time to time by the Company in its sole discretion. Other than the dues, fees and other charges, Members will not be subject to any liability for capital or operating assessments for the costs and expenses of ownership or operation of the Club or the Club Facilities before equity conversion (if any) and the turnover of the Club to the Members. The Company will pay all operating deficits (if any) incurred in the operation of the Club Facilities and will retain all operating revenues resulting from operation of the Club
Facilities. Increases in dues shall not be deemed an assessment for purposes of this provision.
Private golf cart program
The Club has established a private golf cart program which allows Members who live in the Community the ability to purchase privately owned golf carts through the Club to the extent permitted by applicable laws. Members will be permitted to use their golf carts at the Club in accordance with applicable laws and the rules established by the Club from time to time, and upon payment of applicable fees for private cart use. Additional requirements for the private golf cart program may be provided in the Rules and Regulations.
The Club’s membership year will constitute the twelve month period commencing January 1 and ending December 31, unless otherwise established by the Company from time to time.
Payment of dues by resigned member
As indicated in the “Transfer of Membership to Club” section, a property owner in Bella Collina may not resign from the Club except in connection with the sale of his or her residence or homesite and, therefore, must pay dues until the sale of the residence or homesite and the Member’s resignation in the Club. A property owner in Bella Collina who is a Golf Member who resigns in connection with the sale of his or her residence or homesite shall not be required to pay dues after the closing on the sale of the residence or homesite. A Golf Member who resigns the Golf Membership and acquires a Sports Membership pursuant to the “Downgrade of Membership” provision shall be obligated to continue to pay dues, fees and other charges associated with the resigned Golf Membership until the earlier of: (i) the reissuance of the Golf Membership by the Club, or (ii) 12 months after the date of resignation.
ACKNOWLEDGMENT OF MEMBERSHIP RIGHTS
Membership in the Club permits the Member to use the Club Facilities in accordance with this Membership Plan and the Rules and Regulations. Membership in the Club is not an investment in the Company or the Club Facilities and does not give a Member a vested or prescriptive right or easement to use the Club Facilities. Membership in the Club does not provide a Member with an equity or ownership interest or any other property interest in the Company or the Club Facilities. A Member only acquires a revocable license to use the Club Facilities in accordance with the terms and conditions of the Membership Plan and Rules and Regulations, as the same may be amended from time to time, and the Membership Agreement. All rights and privileges of Members under this Membership Plan, the Rules and Regulations and the Membership Agreement, are subordinate to the lien of any mortgage which now or hereafter encumbers the Club Facilities from time to time.
The Company reserves the right, in its sole discretion, to terminate or modify this Membership Plan and Rules and Regulations, to reserve Memberships, to sell, lease or otherwise dispose of the Club Facilities in any manner whatsoever and to any person whomsoever, to add, issue, modify or terminate any type, category or class of Membership, to discontinue operation of any or all of the Club Facilities, to convert the Club into an Equity Club in accordance with the “Conversion to Equity Club” section of this Membership Plan, and to make any other changes in the terms and conditions of Membership or in the Club Facilities available for use by Members. Notwithstanding the Company’s general right to modify this Membership Plan and Rules and Regulations and modify any type, category or class of Membership, the Company may not make any of the following changes without a majority vote of the Members: (i) the Membership Deposit refund amount; (ii) an increase in the maximum number of Memberships in any category other than as specifically provided herein; (iii) a delay in the time when conversion of the Club to an Equity Club is presented to the Members for a Member vote; and (v) the amount an individual Member is required to pay to convert his or her Membership to an Equity Membership in accordance with the Member’s Membership Agreement.
In the event of termination of the Membership Plan, termination of a person’s category of Membership or the discontinuance of operation of all or substantially all of the Club Facilities, the Club will refund the Membership Deposit actually paid by the affected Members within thirty (30) days. In the event that the Club Facilities are sold and the buyer assumes liability for the repayment of the appropriate Membership Deposit as provided in the Membership Agreement, the Member shall look solely to the new owner for repayment of the Membership Deposit and the seller of the Club Facilities shall be released from all liability for the repayment thereof. In the event of a sale of the Club Facilities, the buyer shall take title subject to the terms and provisions of the then existing Membership Plan, including the “Conversion to Equity Club” section. Neither the Company nor its affiliates shall have any liability whatsoever to the Members in the event any of the Club Facilities are not constructed.
Any Member whose conduct or whose family member’s conduct or guest’s conduct shall be deemed by the Company to be likely to endanger the welfare, safety, harmony or good reputation of the Company, the Club or its Members or is otherwise improper, may be reprimanded, fined, suspended or expelled from the Club and have all privileges associated with the Membership suspended or terminated by the Club, in accordance with the Rules and Regulations.
Pledge of memberships
A Member may not under any circumstances pledge or hypothecate his or her Membership in the Club.