The Club At Bella Collina - RULES (3 of 7)
Each Member shall be responsible for filing with the Membership Office, in writing, preferably on a form provided by the Club, his or her mailing address and any changes thereto, where the Member wishes all notices and invoices of the Club to be sent. A Member shall be deemed to have received mailings from the Club ten days after they have been mailed to the address on file with the Club. In the absence of an address on file at the Membership Office, any Club mailing may, with the same effect described above, be addressed as the Club deems most likely to cause its prompt delivery.
The Club must be notified in writing of any change of address. Failure to do so shall constitute a waiver of the right to receive Club notices, bulletins and any other communications, and is a violation of these Rules and Regulations.
Complaints or suggestions concerning the management, service or operation of the Club should be in writing, signed by the Member and addressed to the Club. Errors in billing charges should be directed to the attention of the Accounting Department.
CLUB SERVICES AND ACTIVITIES
The Club provides a variety of social, cultural and recreational events in which all Members are encouraged to participate.
The Club desires to encourage the use of the Club Facilities by Members for private functions on any day or evening, provided it does not interfere with the normal operation of the Club, or with the services regularly available to Members. Members are requested to make reservations with the appropriate Club personnel for available dates and arrangements.
Private functions are permitted at the Club only with prior permission of the Club. The individual sponsoring the function shall assume full responsibility for the conduct of guests and the removal of any decoration. The sponsor of the function shall be responsible for any damage to the Club Facilities and for the payment of any charges not paid by individuals attending the private function.
Special events and functions may be scheduled from time to time at the discretion of the Club.
RESIGNATION OF MEMBERSHIP
A Member may resign Membership in the Club by delivering a written notice of resignation to the Club's Membership Office. A Membership shall be deemed to have been resigned as of the date the Club receives written notice of the Member's resignation.
Since each property owner in Bella Collina is required to be at least a Sports Member, a property owner in Bella Collina may not resign a Sports Membership, except in connection with the sale of the residence or homesite, or except after combining more than one homesite owned by the Member in accordance with the Membership Plan. A Golf Member who owns a residence or homesite in Bella Collina may resign the Golf Membership, provided he or she acquires a Sports Membership before the earlier of (i) the reissuance of the Golf Membership or (ii) 12 months after the date of resignation.
Notwithstanding any resignation, the Member and his or her spouse shall remain liable for any amounts unpaid on the Member's Club account.
Members are responsible for their own conduct and for the conduct of their family members and guests. Any Member whose conduct or whose family's or guest's conduct shall be deemed by the Club to be likely to endanger the welfare, safety, harmony or good reputation of 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. The Club shall be the sole judge of what constitutes improper conduct, but improper conduct will include, without limitation: (i) failing to meet eligibility for Membership, (ii) submitting false information on the Membership Agreement, (iii) allowing his or her Membership card to be used by another person, (iv) failing to pay any amount owed to the Club in a proper and timely manner, (v) failing to abide by the rules and regulations as set forth herein and as established by the Club from time to time, (vi) abusing Club personnel or employees, or (vii) acting in a manner incompatible with the standard of conduct of the existing Membership or which would likely injure the reputation of the Members or the Club.
Any Member accused of improper conduct shall be notified of the Club's proposed disciplinary action and shall be given an opportunity to be heard by the Club to show cause why he or she should not be disciplined. If such Member desires to be heard, the Club shall set a time and date (not more than ten days thereafter) for a hearing. While such complaint is being considered by the Club, the Member shall enjoy the privileges of the Club. Notwithstanding the foregoing, the Club may, without notice and without a hearing, immediately suspend some or all privileges associated with a Membership and/or, after notice, terminate a Member for failure to pay in a proper and timely manner, dues, fees or any other amounts owed to the Club.
The Club at Bella Collina may restrict or suspend some or all of a Member's, family member's and/or guest's Club privileges. If the Club determines that a Member's conduct or the conduct of his or her family or guest is improper, the Club may terminate the Membership, suspend or restrict the Member's Membership privileges, or restrict the use privileges of the Member's family or guest whose conduct was improper. No Member is entitled, on account of any restriction or suspension, to any refund of any Membership Deposit, dues or any other fees. During the restriction or suspension, dues and other charges shall continue to accrue and shall be paid in full prior to reinstatement as a Member in good standing.
IN THE EVENT THAT THE CLUB TERMINATES A MEMBERSHIP, THE MEMBER'S MEMBERSHIP PRIVILEGES SHALL CEASE IMMEDIATELY AND THE MEMBER'S MEMBERSHIP DEPOSIT, LESS 10% TRANSFER AND ADMINISTRATIVE FEE, SHALL BE REFUNDED TO THE MEMBER IN ACCORDANCE WITH THE PLAN. THE TERMINATED MEMBER'S OBLIGATION TO PAY DUES WITH RESPECT TO THE MEMBERSHIP SHALL CONTINUE UNTIL THE CLOSING ON THE SALE OF THE MEMBER'S PROPERTY IN THE COMMUNITY.
LOSS OR DESTRUCTION OF PROPERTY OR INSTANCES OF PERSONAL INJURY
Each Member, as a condition of Membership, and each guest, as a condition of invitation to the Club Facilities, assumes sole responsibility for his or her property. The Club shall not be responsible for any loss or damage to any personal property used or stored on the Club Facilities, whether in lockers or elsewhere. Any such personal property which may have been left in or on the facilities for six months or more without payment of storage thereon may be sold by the Club, with or without notice, at a public or private sale, or may be otherwise disposed of, and the proceeds, if any, may be retained by the Club.
No person shall remove from the room in which it is placed or from the Club's premises any property or furniture belonging to the Club without proper written authorization. Every Member of the Club shall be liable for any property damage caused by the Member, any guest or any family member. The cost of such damage shall be charged to the responsible Member's Club account.
Any Member, family member, guest or other person who, in any manner, makes use of or accepts the use of any apparatus, appliance, facility, privilege or service whatsoever owned, leased or operated by the Club, including without limitation, the use of golf carts, or who engages in any contest, game, function, exercise, competition or other activity operated, organized, arranged or sponsored by the Club, either on or off the Club's premises, shall do so at his or her own risk. The Member and his or her family members and guests shall hold The Club at Bella Collina, LLC, a Florida limited liability company and/or its affiliates (collectively the "Company") and their successors and assigns and their respective shareholders, partners, directors, officers, members, employees, representatives, agents and members of the Club's Advisory Board of Governors or committees (collectively, the "Released Parties") harmless from any and all loss, cost, claim, injury, damage or liability sustained or incurred by him or her, resulting from the use of the Club Facilities (as described in the newly amended rules and regulations dated effective March 1, 2014), including without limitation or arising out of or incident to Membership in the Club and/or from any act or omission of any of the Released Parties. Any Member shall have, owe and perform the same obligation to the Released Parties hereunder in respect to any such loss, cost, claim, injury, damage or liability sustained or incurred by any guest or family member.
Should any party bound by these Rules and Regulations bring suit against any of the Released Parties in connection with any event operated, organized, arranged or sponsored by the Club or on any other claim or matter in connection with Membership in the Club, and fail to obtain judgment therein against any one or more of them, said party shall be liable to the prevailing Released Parties for all costs and expenses incurred by them in the defense of such suit, including court costs and attorneys' fees and expenses through all appellate proceedings.
Prepared by: Don Juravin Research