RULES & REGULATIONS

Rules & Regulations (A)

A. Rules and Regulations Pertaining to Property Owners, Tenants, and Guests

Pertaining to Property Owners, Tenants, and Guests

A. 1 General Enforcement Provisions
1. Purpose

1.1. This Rule A.1 establishes in accordance with Article VII, Section 5 of the Declaration, a Fining and Suspension Procedure and a schedule of fines, associated charges, and other sanctions that the Association may levy as the result of violations of its collective RULES AND REGULATIONS and of violations of restrictions in its “Amended and Restated General Declaration of Covenants and Restrictions”, its “Class A Covenants”, and its “Class B Covenants” where those fines, associated charges, and sanctions are not specifically defined elsewhere in these RULES AND REGULATIONS.

2. Fining and Suspension Procedures

2.1. The Board shall not impose a fine or suspend the right to vote or to use the Common Property (unless a Property Owner is shown on the books or management accounts of the Association to be more than thirty (30) days delinquent in any payment due the Association in which case such suspensions shall be automatic); unless and until notice of the violation is given as provided in subsection (a) below. Any such fine or fines may be effective or commence upon the sending of such notice or such later date as may be set forth in such notice, notwithstanding the violator’s right to request a hearing before the Board to
challenge such fine under subsection (b) below.

2.1.a. Notice. If any provision of the Declaration or By-Laws or any rule or regulation of the Association is violated, the violator will be served with written notice sent by first-class mail, which shall state: (i) the nature of the alleged violation; (ii) the proposed sanction being imposed; (iii) a statement that the violator may challenge the fact of the occurrence of a violation, the sanction, or both, by written challenge and written request for a hearing before the Board, which request must be received by the
Board within (10) days of the date of the notice; and (iv) the name, address, and telephone number of a person to contact to challenge the proposed action. If a timely challenge is made and the violation is cured within ten (10) days of the date of the notice, the Board, in its discretion, may, but is not obligated to, waive any sanction or portion thereof. In the event of a continuing violation, each day the violation continues or occurs again constitutes a separate offense, and fines may be imposed on a per diem basis without further notice to the violator.

2.1.b. Hearing. If a written request for a hearing is received from the violator within ten (10) days of the date of the violation notice provided above, then the Board shall schedule a hearing, affording the violator a reasonable opportunity to be heard. The hearing shall be set at a reasonable time and date by the Board, and notice of the time, date (which shall not be less than ten (10) days from the giving of notice without the consent of the violator), and place of the hearing and an invitation to attend the hearing and produce any statements, evidence, and witnesses shall be sent to the alleged violator. Proof of such notice shall be placed in the minutes of the meeting.

2.1.c. Such proof shall be deemed adequate if a copy of the notice, together with a statement of the date and manner of delivery, is entered by the officer or director who delivered such notice. The notice requirement shall be deemed satisfied if the violator appears at the meeting. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction, if any, imposed. The Board may establish rules of conduct for such hearing, which may include limits on time and the number of participants who may be present at one time. This section shall be deemed complied with if a hearing is held and the violator attends and is provided an opportunity to be heard, notwithstanding the fact that the notice requirements contained herein are not technically followed. Failure to request the hearing within the 10-day time frame as provided herein shall result in loss of the right to challenge and request reconsideration of the fines.

2.1.d. Additional Enforcement Rights. Notwithstanding anything to the contrary herein contained, the Board may elect to enforce any provision of the Declaration, the By-Laws, or the Rules and Regulations by self-help (specifically including, but not limited to, the towing of vehicles from Common Area Property that are in violation of parking regulations ) and/or by suit at law or in equity to enjoin any violation or to recover monetary damages or both, without the necessity for compliance with the
procedure set forth in subparagraph (a) above.

3. Schedule of Fines

3.1. The fine for a first offense is $50. If the offense is continuing in nature, the fine will be $50 per day beginning ten (10) days after the date of the notice.

3.2. The fine for a second offense of the same type violation committed within twelve (12) months of the notice of the first offense will result in a fine of $100. If the offense is continuing in nature, the fine will be $100 per day.

3.3. The fine for third and subsequent offenses of the same type violation committed within twelve (12) months of the notice of the first offense will result in a fine of $150. If the offense is continuing in nature, the fine will be $150 per day.

3.4. Notwithstanding the foregoing progressive schedule of fines, the Board, at the recommendation of the General Manager, may declare a given violation to be of a serious nature and may assess a fine of up to $5,000 for any one offense, or a fine of up to $5,000 and up to $500 per day for a continuing offense.

4. Associated Charges

4.1. Interest and costs of collection shall be added to any fines levied as a result of any violation of these RULES AND REGULATIONS or other governing documents if such fines are not paid within thirty (30) days after written notification.

4.2. Unpaid fines, as well as interest and other charges thereon, will become a charge against the account of the involved Property Owners and will be subject to the full collections procedures of the Association.

5. Responsibility for Actions

5.1. Property Owners will be held responsible for the actions of themselves, and their
family members, Tenants, and Guests.

A. 2 Violations of a Serious Nature
1. Purpose

1.1. This Rule A.2 identifies violations of a serious nature and establishes penalties
for such actions.

2. Definition

2.1. Actions that constitute potential threats to the health or welfare of human beings, to their property, or to the wildlife and native vegetation within Big Canoe. Examples of such action include but are not limited to:

2.1.a. Discharging a firearm or any other lethal weapon;
2.1.b. Hunting, trapping, wounding, or killing wildlife;
2.1.c. Any feeding, intentional or unintentional, of any wildlife, including out of season bird feeding;
2.1.d. Setting open outdoor fires or allowing such fires to be set. Propane fueled outdoor fire accessories are permitted;
2.1.e. All fireworks, including handheld sparklers, are prohibited;
2.1.f. Improper disposal of, or failure to control hot coals, embers, etc. such that accidental fires occur or are likely to occur;
2.1.g. Improper use of poisons or herbicides; and
2.1.h. Conduct that is belligerent, hostile, harassing, threatening, or combative in nature. This includes aggressive animals.
2.1.i. Exposing oneself or urinating on Common Properties.
2.1.j. Tampering with community access control equipment.

3. Sanctions

3.1. The Board, at the recommendation of the General Manager, may declare a given violation to be of a serious nature, and may assess a fine of up to $5,000 for any one offense, or a fine of up to $5,000 and up to $500 per day for a continuing offense.

4. Enforcement

4.1. Violations of this Rule A.2 will subject the appropriate Property Owner to sanctions in accordance with Rule A.1, “General Enforcement Procedures”.

4.2. In addition to fines and other sanctions, the appropriate Property Owner will be responsible for the costs of repair for damage to POA or private property.
4.3. Guests who engage in misconduct as defined in these rules may be subject to a loss of rights to enter Big Canoe.

A. 3 Vehicle Safety and Control
1. Purpose

1.1. This Rule A.3 is drafted in accordance with Article IV, Section 3(f) of the Amended and Restated General Declaration of Covenants and Restrictions of the Big Canoe Property Owners Association (POA) and the Big Canoe Company as may be amended.

1.2. This Rule A.3 establishes the rules and controls applicable to vehicle operation within Big Canoe by Property Owners, Tenants and their Guests.

1.3. Corresponding rules and controls applicable to vehicle and work equipment operation by contractor, delivery, and service personnel are contained in Rule B.4.

1.4. Vehicle parking restrictions are covered in the applicable provisions of Rule A.7.

2. Traffic Rules

2.1. All vehicles on Big Canoe roads must travel no faster than conditions safely permit, and no faster than the posted speed limit.

2.2. Vehicles must remain on right side of the road at all times.

2.3. On one-way roads vehicles are strictly prohibited from traveling in the direction opposite to that designated.

2.4. Passing of another moving vehicle is strictly prohibited.

2.5. Vehicles must come to a complete stop at all “Stop” signs.

2.6. In the absence of any “Stop” sign, vehicles entering a through street from a side street must yield to traffic on the through street.

2.7. Vehicles entering any intersection other than those covered by 2.5 and 2.6 above must proceed slowly and yield to traffic entering the intersection from their right.

2.8. Vehicles must not be driven recklessly so as to endanger the life or property of others.

2.9. Vehicular traffic must yield the right-of-way to pedestrian traffic at all times.

2.10. All traffic and vehicle control signs posted under the authority of the Property Owners Association must be obeyed.

2.11. Illegally entering the Big Canoe community through any of its entrance gates, assisting in unauthorized entry or transferring a pass or transponder to another vehicle or person is prohibited.

2.12. All drivers and passengers inside all vehicles must wear safety belts while the vehicle is in operation

2.13. All drivers and passengers under the age of 18 must ride inside the passenger compartment of the vehicle and be properly secured by a seat belt.

3. Vehicle Restrictions

3.1. Certain motorized vehicles are strictly prohibited from being operated by Property Owners, Tenants and Guests anywhere within Big Canoe. This list includes, but is not limited to, motorcycles, motor scooters, motorized bicycles, motorized trail bikes, and all-terrain vehicles.

3.2. Golf carts are prohibited from operating on any roads of Big Canoe except as specifically marked for golf cart travel or crossing. All-terrain vehicles used by Big Canoe employees must have their lights flashing while traveling on Big Canoe roads.

3.3. Low-speed vehicles with capabilities as defined in Georgia Code O.C.GA 40-1-1, and licensed for use on state roadways, may travel on Big Canoe roads. Personal Transportation Vehicles as defined in O.C.G.A. 40-1-1 are not included.

3.4. Single body vehicles with a maximum width of more than eight (8) feet (including load), and/or a maximum length of more than thirty-six (36) feet (including load), shall not be permitted to enter Big Canoe unless escorted by another vehicle equipped with flashing yellow lights. The Property Owner who is responsible for the vehicle is also responsible for escort arrangements during all travel within Big Canoe.

3.5. Truck trailer combinations may exceed thirty-six (36) feet in maximum length (including load) as long as the trailer does not exceed thirty-six (36) feet. If this length is exceeded, or if either unit exceeds eight (8) feet in maximum width, the above escort arrangement provision applies.

3.6. No double trailers are permitted.

4. Vehicle Registration and Insurance

4.1. All vehicles operated within Big Canoe must display a valid license tag and must have proper insurance as required by the State in which the license tag was issued.

4.2. Public Safety reserves the right to review proof of current insurance.

5. Vehicle Condition

5.1. All vehicles operating within Big Canoe shall be in good repair with all major systems functioning properly. Brakes and drive train shall be capable of traversing the terrain with no risk to the operator or to other traffic or property. Exhaust systems deemed excessively loud per A.16 Noise Control are prohibited. Proof of condition may be required.

5.2. All vehicles shall have properly working lights including taillights, stoplights, and front and back turn indicators.

5.3. All trailers shall have properly working lights including taillights, stoplights, and turn indicators.

5.4. Vehicle must be free of excessive debris.

6. Operator Requirements

6.1. Operators must hold a valid operator’s license appropriate for their type of vehicle and must be able to produce this license when requested to do so by Big Canoe Public Safety.

7. Enforcement

7.1. Big Canoe Public Safety will enforce these rules using all reasonable means at their disposal, including the use of radar, laser, video and other devices.

7.2. Violations of the above Rules and Regulations by Property Owners, Tenants and Guests will subject the Property Owner, Tenants and Guests to sanctions in accordance with Section 8 following.

7.3. Minor offenses may result in a verbal or written warning.

8. Sanctions

8.1. All vehicles

8.1.a. First offense 11 to 15 MPH over limit $50; Second and future offenses $100
8.1.b. First offense 16 to 20 MPH over limit $75; Second and future offenses $150
8.1.c. First offense 21+ MPH over limit $100; Second and future offenses $200

8.2. Reckless driving is defined as driving any vehicle in reckless disregard for the safety of persons or property. Penalties for reckless driving can result in a fine of $100 for the first offense, $200 for the second offense and $500 for any further offenses. Reckless driving citations may be issued at the sole and absolute discretion of Public Safety and the Association if a driver has been involved in or caused an accident, or is witnessed, by Public Safety, crossing the center line whether a painted center line exists or not. Posted speed limits are set for ideal conditions. Big Canoe Public Safety may issue citations for “driving too fast for conditions” at any speed given prevailing conditions which include but not limited to:

8.2.a. weather
8.2.b. condition of road
8.2.c. time of day
8.2.d. condition of operator
8.2.e. operator distractions (including but not limited to cell phones and other electronic devices)
8.2.f. presence of other vehicles or pedestrians

8.3. Violations of the above rules and regulations contained in this Rule A.3 by Property Owners, Tenants and Guests will subject the Property Owner to sanctions in accordance with Rule A.1 General Enforcement Procedures.

9. Drones

The Federal Aviation Administration (the “FAA”) regulates the flight of unmanned aircraft. As
used herein, a drone is any aircraft without a human pilot on-board, including unmanned aircraft
systems (“UAS”) or unmanned aerial vehicles (“UAV”), with or without video capabilities. The flight is controlled either autonomously by onboard computers or via remote control by an individual.
The use of drones in Big Canoe requires compliance with all applicable federal and local laws,
as amended from time to time, including but not limited to, the FAA Model aircraft Rules,
specifically the FAA Modernization and Reform Act of 2012, and FAA’s drone registration
requirements, begun in December 2015, and in accordance with the Academy of Model
Aeronautics (“AMA”) safety code, as amended from time to time. The following limitations also
apply:

9.1. Drones must be operated during daylight hours and may not produce noise that is annoying to others.

9.2. The owner/operator of a Drone is responsible for any damage or injury caused by the drone. The Property Owner is also responsible for damage or injury caused by the Property Owner, Tenants or Guests while operating the drone.

9.3. If a drone is flown with video capabilities (i.e. first-person video – “FPV”) it must comply with AMA’s FPV Rules (AMA Document #550), as amended from time to time.

9.4. Drones may not be used for following or photographing residents or guests, and may not collect or transmit images of people, structures or vehicles where a reasonable expectation of privacy exists, without the written permission of the landowner and or person/people being photographed.

9.5. Drones operated in violation of the law, or in a manner significantly inconsistent with this policy may be confiscated and turned over to the FAA or other appropriate authority. The POA will not be responsible for inadvertent damage to a drone that occurs as a result of confiscation, transport or storage.

9.6. Recreational Drones must be for hobby or recreational purposes only and must weigh less than 0.55 pounds which is the amount currently requiring FAA registration.

9.7. Commercial Drones

9.7.a. Commercial drone operations are not permitted in Big Canoe, with the exception of residential home inspectors utilizing drones to inspect and photograph the exterior of homes for their clients, professional photographers capturing images of homes for sale, and with specific daily approval, professional drone operators capturing images of special events in Big Canoe on behalf of the event organizer. Said authorization must be obtained from the General Manager or Director of Public Safety
or his/her designee.

9.7.b. Commercial operators must have liability insurance coverage for drone operations of at least $1,000,000.

A. 4 Control of Domestic Pets
1. Purpose

1.1. This Rule A.4 establishes controls on the behavior of pets and pet owners.

2. Provisions

2.1. Only those animals which are typically identified as domestic pets may be brought into and/or maintained within Big Canoe.

2.2. All pets must be quartered overnight within the main residence structure, and necessary precautions must be taken to assure that the tranquility of other residents is not disturbed by any action of the pets. A garage, deck, or screened porch is not considered to be part of the main residential structure.

2.3. No dog is permitted to be “staked” or tied in a yard at any time under any circumstances.

2.4. Every dog shall be physically restrained and controlled so as to prevent it from harassing passersby, chasing vehicles, or attacking persons or other animals or showing any other signs of aggressive behavior. Exception: dogs may be off-leash in designated dog parks only; however, the owner is still responsible for the behavior of the dog while inside the park.

2.5. The Property Owner, at whose property a pet is residing or visiting, will at all times be responsible for assuring that the pet does not constitute a nuisance of any type to other Property Owners, Tenants, and Guests. A dog that barks, bays, cries, or howls, or makes any noise continuously for a period of ten minutes, or barks intermittently for one-half hour or more at any time of night or day, will be considered a nuisance under this regulation and will be subject to enforcement provisions.

2.6. Any Property Owner or rental agency allowing a Tenant (long or short term) to have a pet within Big Canoe shall have said Tenant sign a compliance form accepting responsibility for reading and abiding by these regulations. The Owner shall also be responsible for any violations that cause damage or injury to third parties.

2.7. The owner is required to adhere to any and all State of Georgia and local county laws and ordinances regarding their pets.

2.8. No dog shall be allowed inside the gates of Big Canoe being transported in the back of a pickup truck or open vehicle.

2.9. Feeding of domestic pets outdoors is prohibited as it may attract wildlife.

3. Enforcement

3.1. Free-running domestic pets, that are not properly tagged or microchipped will be considered strays and may be removed from Big Canoe by Public Safety or other government agency.

3.2. Violations of this Rule A.4 by Property Owners, Tenants, or Guests will subject the Property Owners to sanctions in accordance with Rule A.1, General Enforcement Procedures.

3.3. An exception to 3.2 is made in the case of a pet attacking or biting another pet or individual. This is considered a violation of a serious nature subject to Rule A.2 and the pet can be permanently banned from the Common Properties.

A. 5 Amenity and Automated Gate Restrictions on Delinquent Property Owners
1. Purpose

1.1. This Rule A.5 defines the restrictions on amenity usage and automated gate access for delinquent owners.

2. Enforcement

2.1. In addition to established collection procedures, delinquent accounts will also be subject to the suspension of amenity privileges for the duration of the delinquency.

2.2. If a Property Owner has a past due balance of more than thirty (30) days, loss of the right to vote on membership issues will occur.

2.3. If a Property Owner has a past due balance of more than thirty (30) days, the following will apply during the period that the balance remains delinquent:

2.3.a. Loss of all amenity usage rights and privileges for Property Owner, Tenants, and Guests for amenities owned by the Association.

2.3.b. Loss of all member charging and member discount rights.

2.3.c. Loss of right to be a member of a standing or ad hoc committee of the Association or the Board, or elected to the Board itself.

2.3.d. Loss of access to the Member Only section of the POA website.

2.4. If a Property Owner has a past due balance of 90 days or more, the following additional sanctions apply:

2.4.a. Transponders will not be issued, and use of the Automated Gate System will be suspended.

2.4.b. Property Owners who call in or obtain entrance for a Delinquent Property Owner will be fined $100 per entrance of the Delinquent Property Owner.

2.4.c. Property Owner, Tenants, and Guests (including delivery services, repair services, contractors, etc.) may only enter property through visitor lane.

2.4.d. A fine may be imposed in accordance with Rule A.1, General Enforcement Procedures above for violations of these gate access rules.

NOTE: Any account which becomes past due more than 30 days three (3) times or more during any 24 month period will incur the provision of 2.3 above even if the 30 day periods are not consecutive.

2.5. Unless otherwise provided by the POA, this suspension of amenity privileges and Automated Gate privileges will continue until all past due assessments, interest, costs, and attorney’s fees on the account have been paid in full and the account has been returned to a “current” status.

A. 6 Restrictions on Posting Signs, Advertisements, Decorations and Notices in Big Canoe
1. Purpose

1.1. This Rule A.6 controls the posting or displaying of various commercial or personal notices, advertisements, signs, decorations, including political signage or banners, etc. on Big Canoe improved or unimproved lots, boats/watercraft regardless of ownership, and the Common Properties of Big Canoe (including POA owned boats/watercraft).

2. Provisions

2.1. No commercial or personal notices, advertisements, signs, including “for rent”, “for sale” or other similar signs, political signage or banners, etc. shall be erected or maintained on Big Canoe improved or unimproved lots, boats/watercraft regardless of ownership, and the Common Properties of Big Canoe (including POA owned boats/watercraft) and rights of way of Big Canoe, by anyone including but not limited to the Property Owners, Tenants, Guests, realtors, contractors or subcontractors, except by written permission of the Company (in the case of Company property) or the Association, or except as may be required by legal proceedings.

2.2. No decorations shall be erected or maintained on any Big Canoe improved or unimproved lots except as permitted by the POA Architectural and Environmental Control Standards (AECS), Article VI.

2.3. The Property Owners Association (POA) has delegated the administration of the public space inside the postal facility to the Programs and Events Committee. The Programs and Events Committee is responsible for proposing specific rules for this space, obtaining POA approval, posting these rules conspicuously in the postal facility, and administering the rules.

3. Enforcement

3.1. Violations of this Rule A.6 by Property Owners, Tenants, or Guests will subject the Property Owner to sanctions in accordance with Rule A.1, General Enforcement Procedures.

A. 7 Restrictions on Parking and Advertising Vehicles
1. Purpose

1.1. This Rule A.7 defines the restrictions on parking of vehicles on the Common Properties of Big Canoe and prohibits “For Sale” signs on vehicles parked within Big Canoe. Extends restrictions in Sections 2.5 and 2.6 to Improved or Unimproved lots.

2. Provisions

2.1. No overnight parking is allowed on roads, rights-of-way, greenbelts, maintenance areas, and other Common Properties of Big Canoe by cars, trucks, recreational vehicles, trailers, or other over-the-road vehicles. This does not apply to vehicles owned by the POA.

2.2. Property owners wanting to temporarily park a vehicle on Common Properties for less than 72 hours shall make arrangements with the POA to use the third lowest level of the Playfield Parking lot.

2.3. No vehicle of any type may display a “For sale” sign while in Big Canoe.

2.4. All recreational vehicles (RV’s, watercraft, ATV’s, etc.) and trailers must be stored in a garage or arrangements may be made with the POA to use the storage yard on the East side of Steve Tate Road, if space is available.

2.5. Parking at any time must be substantially off the road and must not impede emergency vehicle access. Vehicles may not park on other Owner’s property without permission, including driveways, or block access to any road or driveway.

2.6. Overnight parking must be either in a garage or substantially on the Owner’s driveway.

3. Enforcement

3.1. Fines may be imposed for violations of Rule A.7 by Property Owners, Tenants, or their Guests and will subject the Property Owner to sanctions in accordance with Rule A.1, General Enforcement Procedures.

3.2. Vehicles illegally parked will be subject to a $50 fine for the first offense, $100 for subsequent offenses and being towed, without further notice, in accordance with A.1 Section 2.1 (d), if the is not located, in which event a towing and storage charge will be applied in addition to the above sanctions.

3.3. Vehicles in violation of A.7 2.2 will be towed at vehicle owner’s expense.

3.4. Without the written consent of Public Safety, any vehicle that is parked on Common Properties for more than seventy-two (72) hours will be subject to a fine of $50 per day or, after seven days, being towed without further notice in accordance with A.1 Section 2.1(c), in which event a towing and storage charge
will be applied in addition to the above sanctions

A. 8 Boating Rules and Regulations
1. General

1.1. This Rule A.8 specifies the limitations and controls pertaining to storage and operation of boats on the lakes of Big Canoe. It applies to all bodies of water in Big Canoe where fishing and boating are permitted.

1.2. The term boat/watercraft is intended to include canoes, kayaks, pontoon boats, Jon boats, paddle boats, paddleboards and sailboats. Any other form of boat/watercraft must be approved by the Marina Supervisor.

1.3. The term Marina Supervisor is intended to include members of the POA Marina Staff.

1.4. The Marina Staff controls all boat registrations as well as slip rental.

2. Safety

2.1. Federal regulations for boating safety apply as outlined in “A Boater’s Guide to the Federal Requirements for Recreational Boats”.

2.2. Life jackets in good condition must be available, one per person, for any boat on the water. Appropriate children-sized life jackets shall be worn at all times by each child under 13 years old while in or on the water. Paddleboard users shall wear a life vest at all times regardless of age.

2.3. No swimming or wading is permitted from the shore or docks of any lake in Big Canoe except for the designated swimming area of Lake Disharoon.

2.4. Eagle Island is off-limits to human foot traffic while eagles are occupying the island.

2.5. Swimming is permitted from watercraft on Lake Petit during the designated swim season in specifically designated area as indicated in the map. Swimming is prohibited within 50 feet of any shoreline or the Marina slips or in any areas outside the designated area. The swim season is April 1 through September 30. Swimming, in season, is permitted during the hours of 9 AM to 8 PM.

3. Boat Criteria

3.1. Boats/watercraft with internal combustion motors are strictly prohibited from all lakes in Big Canoe. The only exception is the POA-owned rescue boat.

3.2. The maximum length, measured from tip of pontoon to motor to include the projection of the motor, for boats/watercraft stored overnight on the lake is as follows:

3.2.a. Fishing boats 15 feet
3.2.b. Sailboats 18 feet
3.2.c. Canoes 17 feet
3.2.d. Pontoon boats 22 feet
3.2.e. All else 22 feet
Marina Supervisor has the authority to enforce maximum length limits.

3.3. All boats/watercraft stored on the lake must be maintained in a seaworthy condition and kept free of trash to avoid being a visual nuisance. Boat seats, deck areas, convertible tops, and other boat equipment must be maintained in a serviceable condition.

4. Boats on Lake Petit

4.1. All boats/watercraft stored on the lake must be maintained in a mechanically reliable and seaworthy condition, demonstrating pride of ownership and care, and shall be kept free of trash to avoid being a visual nuisance. Boat seats, deck areas, convertible tops, and other boat equipment must be maintained in good cosmetic condition and be cleaned on a routine basis. Faded, tattered, ripped, torn, dirty, moldy materials will be cleaned, repaired, or replaced as needed to maintain a high-quality appearance. Use of temporary patches, duct tape, etc., are only acceptable for up to 30-days, or to the extent such repairs are not visible by casual inspection from the dock.

4.2. Uncovered open hull boats stored afloat in the Marina must be equipped at all times with a properly operating automatic bailer to assure seaworthiness.

4.3. Boats/watercraft partially or fully submerged will be considered a visual nuisance and will be subject to the consequences outlined in Section 7 of this rule.

5. Boat Storage Restrictions

5.1. No boat/watercraft other than those owned by the POA may be left unattended or stored overnight on or around Lake Sconti.

5.2. No boat/watercraft may be docked or tied up on Lake Petit overnight except in the specified space rented from the POA by the owner of that particular craft.

5.3. No boat/watercraft may be beached overnight on any shoreline unless it is entirely off of POA Common Property and is not visible from the lake at any time of year.

5.4. No boat trailer may remain overnight at any Marina or on any other Common Property except for the storage yard near the North Gate provided for that purpose.

5.5. Boating accessories, such as covers, furnishings, appliances, coolers, fishing gear, etc. shall not be stored on the Marina docks at any time.

6. Boat Registration and Identification

6.1. All boats/watercraft stored or operating at any location in Big Canoe must have a current Registration Decal. These decals will be issued and managed by the Marina Office.

6.2. Registration decals must be displayed on the boat/watercraft.

6.3. All boat/watercraft brought into Big Canoe shall have a registration sticker prior to entry. Stickers will be available for purchase at the Gates. Any boat/watercraft without a sticker will be required to be stored at the Storage Facility across Steve Tate Highway.

6.4. Tenants and Guests wishing to operate a boat/watercraft in Big Canoe lakes must obtain a temporary permit from the Marina Staff.

7. Lake Petit Boat Space Rentals

7.1. Space rental gives the renter exclusive use of a defined area and all personal property inside that space. The rental space is only for boat/watercraft storage.

7.2. Property Owners desiring to rent spaces for on-lake storage of a boat/watercraft must call or meet with Marina Supervisor.

7.2.a. To be eligible to rent boat/watercraft storage space, an applicant must, at the time the Rental Agreement is executed, be a Big Canoe Property Owner in good standing as defined in the Covenants of the Association.

7.2.b. The assignment of such spaces shall be governed by a standard form of Rental Agreement between the applicant and the Association, and by all pertinent Rules and Regulations of the Association which may be in force either at the time of assignment or issued thereafter.

7.3. All Rental Agreements will be for a term of not more than one year, will have a common expiration date of December 31, and will be subject to an annual rental fee amount as established from time to time by the Board.

7.3.a. Existing Rental Agreements will be renewed automatically each year by the Association for an additional term of one year, provided the renter remains a Big Canoe Property Owner in good standing and is at the time in compliance with all of the terms of the maturing Rental Agreement and all Boating Rules and Regulations of the Association.

7.3.b. Existing renters who advise the Association, by December 1, of a desire not to renew will be excused from any renewal payment and must remove their boat from the space not later than December 31 of that year.

7.4. When there are more applications than available spaces, the Marina Supervisor will maintain separate chronologically-based waiting lists covering, respectively, rack spaces, pontoon boat spaces (spaces and slots), and fishing and small boat spaces.

7.4.a. The Marina Supervisor will manage the waiting list process.

7.4.b. As a Marina space becomes available for reassignment, the Association may either remove the space from the available pool and retain it for common use, or reassign it to another qualifying Property Owner.

7.4.c. The Marina Supervisor will first attempt to extend the offer by way of a telephone call to the named Property Owner on the list. Failing that, a written notification may be sent to the Property Owner.

7.4.d. If that applicant does not accept the offer within a period of seven (7) days following such offer, or is not at the time a qualified Property Owner, his/her name will be removed from that waiting list, and the offer will be extended to the next named applicant on the list.

7.4.e. Qualified Property Owners may place their names on more than one waiting list, and removal from one list will not affect their status on other lists.

7.5. Rental agreements may be voluntarily terminated by the renter of record at any time prior to its expiration. The Association shall not be obligated to reimburse Owners for any portion of the rental fee paid for the Boat Slip prior to termination. Rental Agreements may not be transferred by the renter of record to another party except as permitted under Sections 7.6 and 7.7 following.

7.6. The renter of record may arrange for one or more partners to be registered in the records of the Association. This must be accomplished through the Marina Supervisor. Such arrangements do not change the primary relationship between the renter of record and the Association. The Association will continue to communicate solely with the renter of record on all matters relating to the space rental, and the renter of record is solely responsible in the eyes of the Association for honoring all the terms and conditions of the agreement, and for complying with all appropriate Rules and Regulations.

7.7. A renter of record may transfer the rental of a space to one of his/her partners if that partner has been formally registered as a partner with the Association for at least two years, and if that partner is, at the time, a Property Owner in good standing.

7.7.a. Upon acceptance of such a transfer by the Association, the original Rental Agreement will be canceled, and a new Rental Agreement for the remaining term of the original Agreement will be executed between the Association and the new renter of record.

7.7.b. Where partnerships have not been registered for the required two years, the Association will consider, on an individual case basis, other compelling evidence indicating that the partnership has, in fact, been in effect for at least two years.

7.8. A renter of record who is a Property Owner in good standing may, at any time, transfer the rental of a space to his/her legal spouse.

7.9. When a renter of record becomes deceased, the Rental Agreement will be transferred to the surviving spouse if the spouse is, or becomes, a member of the Association in good standing. If there is no surviving spouse, the Rental Agreement may be transferred to a partner under the conditions outlined above. If there are no qualifying partners, the Rental Agreement will terminate.

8. Enforcement

8.1. Violations of Rule A.8 by Property Owners, Tenants, or Guests will be subject to sanctions in accordance with Rule A.1, General Enforcement Procedures except that violations of Section 5.1 above will also subject the violator to a first or second offense fine of $50 and result in a requirement to remove the boat from the lake immediately.

8.1.a. At the discretion of the General Manager, conditions of continuing violations may be addressed with an alternate provision other than that specified in Section 3.4 of Rule A.1.

8.1.b. This alternate provision permits the Association, after the ten-day grace period, to remove the offending watercraft, at the owner’s expense, from the lake to a storage location of the Association’s choice.

8.1.c. Notice of such removal will be sent by registered mail to the owner’s address of record, and the owner will have 60 days to correct the violation(s) and any conditions that caused the violation(s). During this 60 day period, the owner may obtain release of the craft by curing the above problems and by paying all assessed fines and expenses.

8.1.d. If, within 60 days, the owner has not corrected the violation(s), has not corrected any causal conditions, and has not satisfied any fines and/or expenses assessed as a result of this action, any lake space Rental Agreement or lease associated with the craft will be terminated. In addition, the watercraft will not be released to the owner until all fines and assessed expenses are paid, and will include an additional $200 fine for missing the 60-day limitation.

9. All others who violate the above rules and regulations may be subject to a loss of rights to enter Big Canoe.

10. Violations of this Rule A.8 by Property Owners, Tenants, or Guests will subject the Property Owner to sanctions in accordance with Rule A.1, General Enforcement Procedures.

A. 9 Fishing Rules and Regulations
1. Purpose

1.1. This Rule A.9 specifies the limitations and controls on fishing in the lakes of Big Canoe.

2. Fishing Privileges

2.1. Fishing privileges are open only to: Property Owners, Tenants and Guests; registered rental Guests; marketing Guests; and employees of the Association and the Company. Commercial fishing enterprises of any kind (e.g. fishing guides, etc.) are prohibited.

2.2. All persons engaged in fishing ashore or afloat, who are 13 years of age or older, must have a valid Big Canoe fishing permit or be listed on the current list of annual permit holders.

2.3. Children under the age of 13 years must be supervised by an adult. The creel limit of the supervising adult includes fish caught by the accompanying children.

2.4. Big Canoe fishing permits can be purchased on a daily, weekly, or annual basis. In no case, will a temporary fishing permit be issued for a period longer than one week.

2.5. Property Owners purchasing permits must show their current valid POA identification card or some other current proof of identification.

2.6. Tenants and Guests must purchase a daily fishing permit at the Marina office.

3. Fishing Location Restrictions

3.1. On Lake Sconti, fishing may be from boats or banks, but is not allowed on or adjacent to any portion of the golf course, from a boat near these banks, or on open water in the line of flight from any tee box.

3.2. Fishing is permitted on Lake Disharoon subject to a specific set of restrictions governing seasons and location. These restrictions are posted at Lake Disharoon and are available in published form at the Marina.

3.3. Fishing is authorized on Toad’s Pond and Blackwell Springs.

3.4. On Lake Petit, fishing is permitted from boats and from designated banks as follows:

3.4.a. The shoreline along the spillway and dam;
3.4.b. The shoreline surrounding the main Marina office;
3.4.c. The North Marina.

3.5. Fishing is specifically prohibited from Property Owner slip rental docks or from boats inside the boundaries of the slip rental docks. The Marina supervisor is authorized to designate specific areas in the POA domain for small children to fish.

3.6. Bank fishermen are specifically prohibited from trespassing on private property.

4. Fishing Methods and Catch Restrictions

4.1. Creel limits are subject to change from time to time. Permit holders will be advised of creel limits.

4.2. Catch and release of trout is prohibited. Released trout are unlikely to survive.

4.3. No more than two hand-held lines may be used at any one time by one person.

4.4. Hook and line fishing is the only type allowed. All other methods (set lines, nets, etc.) are prohibited.

4.5. The cleaning of fish on any lake or in the area of the Marina is specifically prohibited.

4.6. Minnows/Shiners or other bait fish are prohibited as they pose a great disease threat to the Big Canoe Lakes.

5. Enforcement

5.1. Violations of Rule A.9 by Property Owners, Tenants, or Guests will subject the Property Owner to sanctions in accordance with Rule A.1, General Enforcement Procedures. In addition:

5.1.a. Any person violating daily creel limits will be subject to a fine of $20 per fish for all fish in his/her possession over the limit stated in Section 4. Fines levied for the violation of these creel limits will be billed to the Property Owner or organization that authorized/requested the issuance of the permit being used. The violator will be issued a citation, must leave the lake immediately, forfeit all fish, and have his/her fishing permit suspended for the balance of its term.

5.1.b. Persons who refuse to permit inspection of their coolers, creels, live wells, stringers, or any other containers in which fish may be kept must cease fishing immediately and will be prohibited from future fishing in Big Canoe by permanent revocation of their fishing rights.

5.1.c. Any person fishing without a current fishing permit will be subject to a fine of $30, will forfeit all fish in their possession and must cease fishing immediately.

5.2. Violations of the above Rules and Regulations by Property Owners, Tenants, or Guests will subject the Property Owner to sanctions in accordance with Rule A.1, General Enforcement Procedures.

A. 10 Littering Prohibitions

1. Purpose

1.1. This Rule A.10 establishes the anti-littering/trash management expectations of
the Association related to Property Owners, Tenants and Guests.

2. Provisions

2.1. There shall be no littering in Big Canoe. All trash must be placed in receptacles provided for that purpose or removed from the property.

2.2. Cigarette and cigar butts are classified as litter, and they should be disposed of accordingly after they have been completely extinguished.

2.3. At the North Gate Trash and Recycle Facility, a violation of this rule will occur when any trash or other discarded objects are left on the ground.

2.4. All exterior residential trash containers must comply with the Architectural and Environmental Control Standards.

3. Enforcement

3.1. Violations of Rule A.10 by Property Owners, Tenants, or Guests will subject the Property Owner to sanctions in accordance with Rule A.1, General Enforcement Procedures.

A. 11 Wildlife Care and Feeding
1. Purpose

1.1. In keeping with the “natural environment” theme of Big Canoe, this Rule A.11 is intended to prevent wildlife from proliferating beyond the means of nature to sustain it, and to prevent wildlife from becoming nuisances or threats to Property Owners, Tenants, or Guests.

2. Considerations

2.1. Big Canoe’s natural environment and its surroundings provide an excellent habitat for all types of wildlife. The term “natural environment” implies nature taking its own course without human interference.

2.2. In abnormal times, if appropriate, the POA may provide wildlife feeding stations that are well removed from homes and home sites.

2.3. Feeding of any wildlife creates an “unnatural” dependence by the wildlife. This can lead to wildlife nuisance problems, instances of property damage, and even threat to human life.

2.4. Bird feeding, while seemingly innocuous, also attracts raccoons that can be a nuisance, and attracts bears that can be a threat.

3. Prohibitions

3.1. Any feeding, intentional or unintentional, of any wildlife, including but not limited to deer, bears, feral cats, turkey and migratory waterfowl is strictly prohibited. This includes feeder stations, broadcasting feed, or otherwise making readily available food (including salt licks) that would be attractive to these forms of wildlife.

3.2. Feeding of birds, except migratory waterfowl and turkey is acceptable but discouraged, however, all feeders must be removed from March 1 to November 30 including hummingbird feeders.

3.3. Feeding of domestic pets outdoors is prohibited as it may attract wildlife.

4. Enforcement

4.1. Violations of the above prohibitions by Property Owners, Tenants, or Guests will subject the Property Owners to sanctions in accordance with Rule A.2, “Violations of a Serious Nature”.

A. 12 Non-motorized Vehicle Rules and Regulations
1. Purpose

1.1. This Rule A.12 prohibits non-motorized vehicles and pedestrians from using portions of Big Canoe and to identify those locations.

2. Provisions

2.1. Non-motorized vehicles including bicycles, skateboards, scooters and other non-mechanically propelled vehicles are prohibited from using all Big Canoe roads. Bicycles, including pedal assist ebikes, are allowed for ingress and egress from Wildcat Recreation area to the North Gate.

2.2. Non-motorized vehicles must adhere to all the traffic rules contained in section 2 of Rule A.3, “Vehicle Operations”.

2.3. Non-motorized vehicles, including pedal assist ebikes, may use paved or gravel trails in Big Canoe (Jeep Trail, McDaniel Meadows Trail, Playfield Park running track and Wildcat Park paved paths), but must yield the right of way to pedestrians, and must adhere to a top speed of no more than ten (10) miles per
hour. To avoid damage and erosion they are not allowed on any portion of the dirt hiking trails. Helmets are encouraged as portions of the trails can be dangerous.

2.4. Pedestrian traffic is permitted on all Big Canoe roads except: Wolfscratch Drive from Lake Petit Dam to the Canoe Lodge (speed limit 25 mph) Wilderness Parkway from the North Gate to Lake Petit Dam
Wilderness Parkway from the Canoe Lodge to the Main Gate Wildcat Parkway Pedestrians should walk opposing the direction of traffic and are encouraged to wear brightly colored or reflective clothing. Crosswalks may be used where marked.

2.5. Any activity on golf courses, including cart paths, other than golf and golf maintenance is prohibited unless otherwise posted.

3. Enforcement

3.1. Violations of Rule A.12 by Property Owners, Tenants, or their Guests will subject the Property Owner to sanctions in accordance with Rule A.1 “General Enforcement Procedure”.

4. Changes in the List of Prohibited Roadways

4.1. The Board specifically delegates to the General Manager, or designated representative, the authority to change the list of prohibited roadways contained in Rule A.12 above at his/her discretion.

4.2. The General Manager may reissue this regulation to reflect changes to the list contained in Rule A.12 without any further Board action.

5. Use of Streets

5.1. Neither streets nor cul-de-sacs can be blocked without prior approval of the POA.

A. 13 Rules for Business/Commercial Endeavors
1. Purpose

1.1. This Rule A.13 applies to all business/commercial endeavors, as hereinafter defined, within Big Canoe that are not conducted in a “public and commercial unit” or on a “public and commercial site” as those terms are defined in Article I of the Amended and Restated General Declaration of Covenants and Restrictions for The Big Canoe Property Owners Association and Big Canoe Company (“General Declaration”).

1.2. These rules are intended to inform Property Owners of the restrictions for operating any business/ commercial endeavor on single-family or multi-family tracts.

2. Definitions

2.1. Business/commercial endeavors shall be defined as having their ordinary and generally accepted meanings, and shall include, without limitation, any occupation, work, or activity undertaken on an ongoing basis that involves the provision of goods or services to persons other than the provider’s family, and for which the provider receives a fee or other form of compensation regardless of whether:

2.2. such activity is engaged in full or part-time

2.3. such activity is intended to, or does, generate a profit

2.4. a license is required.

2.5. Estate/Garage Sale- sale of items inside the residence not distinguishable from the outside.

2.6. Yard sale- public display of items for sale outside of the residence.

3. Restrictions

3.1. Business/commercial activities may be conducted from the Property Owner’s residence so long as:

3.1.a. the existence or operation of the business/commercial endeavor is not apparent or detectable by sight, sound, or smell from outside the dwelling

3.1.b. the business activity does not involve visitation to a dwelling by employees, clients, customers, suppliers, or other business invitees in greater volume than would normally be expected for Guest visitation to a residential dwelling without business activity;

3.1.c. the business activity conforms to all zoning requirements for the Property

3.1.d. the business activity does not increase traffic in the Property in excess of what would normally be expected for residential dwellings in the Property without business activity (other than by deliveries by couriers, express mail carriers, parcel delivery services, and other such similar delivery services)

3.1.e. the business activity is consistent with the residential character of the Property and does not constitute a nuisance, hazard, or offensive use, or threaten Public Safety or safety of other residents of the Property, as determined in the General Manager, or designated representative’s discretion

3.1.f. the business activity does not result in a materially greater use of Common Area Facilities or Association services.

3.2. No family dwelling unit may be used solely for business/commercial purposes.

3.3. The guidelines above also pertain to garage/ estate sales. Yard sales are prohibited.

3.4. All garage/estate sales must have prior authorization from the POA a minimum of 7 days prior to the event.

3.5. Door-to-door solicitation of any kind is prohibited.

4. Enforcement

4.1. Violations of this Rule A.13 by Property Owners, Tenants, or Guests will subject the Property Owner to sanctions in accordance with Rule A.1 “General Enforcement Procedure”.

A. 14 Rules for Use of Family Dwelling Unit by Tenants and Guests
1. Purpose

1.1. This Rule A.14 is adopted pursuant to the authority expressly stated in Article VII, Section 5(d) of the Declaration, as amended, regarding the “Use of any Family Dwelling Units by Tenants” creating reasonable restrictions on the conduct of Tenants and Guests and to establish duties of Owners of leased property. This rule is intended to apply in its entirety to Short-Term Rentals, Vacation Rentals, Short-Term leases, and Long-Term Leases.

1.2. These rules are imposed to address and encourage the use and enjoyment of the property by Tenants and Guests that respect the right of Owners and residents to the peaceful use and enjoyment of a family dwelling unit.

1.3. These rules recognize the transiency of Tenants and Guests and necessitate the ability to impose fines and fees more expeditiously than permitted by A.1.

2. Definitions

2.1. Lease or Leasing – “Leasing” for the purposes of Rule A.14 means the occupancy of a family dwelling unit by any person(s) other than: the owner or a parent, child or spouse of an owner (collectively referred to as “Authorized Occupancy”); (2) an Authorized Corporate Occupant (defined below); or (3) a roommate of an Authorized Occupant or Authorized Corporate Occupant, when the Authorized Occupant or Authorized Corporate Occupant also occupies the dwelling as his or her primary residence. An Authorized Corporate Occupant shall be an officer, director, shareholder, member or employee of an owner that
is a corporation; a manager or member of an owner that is a limited liability company; a partner of an owner that is a partnership; or a trustee or beneficiary of an owner that is a trust; provided the owner receives no rent or other consideration for such occupancy. The name of each Authorized Corporate
Occupant shall be designated in writing to the Board and may not be changed more frequently than once every 12 months without the Board’s written consent. A person’s designation as an Authorized Corporate Occupant shall terminate automatically upon the termination of such person’s relationship with the entity
holding record title to the Lot.

2.2. Short-Term Lease(s) – means a lease that has a term of 30 consecutive days or less.

2.3. Long-Term Lease(s) means a lease that has a term of 31 days or more.

2.4. Short-Term Tenant means any person Leasing a family dwelling unit for 30 consecutive days or less.

2.5. Long-Term Tenant means any person Leasing a family dwelling unit for 31 consecutive days or more.

2.6. Tenant means either a Short-Term Tenant or a Long-Term Tenant.

2.7. Guest – means any person other than the Owner who visits a family dwelling unit during the term of the lease.

The Definitions set out above are equally applicable to the occupancy of Family Dwelling Units by Tenants under Short-Term Rental Agreements, Vacation Rental Agreements and similar type Instruments. References to “Lease” also applies to “Agreement”.

3. Rules

3.1. The following apply to all Leases:

3.1.a. Owner shall complete an annual Lease Registration Form with $25 Administrative Fee prior to executing any residential lease. The form shall be renewed annually prior to January 31 of each year. Owner shall be responsible for updating the information as necessary. This will be an annual process unless a change of ownership occurs. Any owner who has never leased their property shall complete a Lease Registration Form prior to leasing the property. Failure to register may result in a fine up to $1000 per property, per occasion, and Guests may not be allowed to enter.

3.1.b. Owner or their agent shall provide the Tenant with the Rules and Regulations of Big Canoe POA.

3.1.c. Owner or their agent must authorize gate access for all Guests and Short-Term Tenants by phoning the POA employees at the gate or by using the online service available for that purpose. Long-Term Tenant access will be authorized by providing a copy of the Long-Term Lease in accordance with Section 3.1(e) below. Long-Term Tenants who have been authorized access may then authorize access for their Guests. The access list must be provided before arrival; 48 hours prior to arrival is preferred. For emergency purposes, contact information must be provided to Owner or
their registered agent for all adults.

3.1.d. Long-Term Tenants may purchase a transponder with the permission of the Owner.

3.1.e. A copy of a Long-Term Lease must be provided to the POA along with a mailing address and contact phone number of the Tenant (including all persons expected to visit the property during the Lease) for emergency purposes.

3.1.f. Short-Term Tenants are not permitted to authorize access to others to Big Canoe. Owners must authorize access for all persons not named on the access list or on the Long-Term lease.

3.1.g. Overnight parking of vehicles must be in a garage, carport, or substantially on driveway or parking pad. Additional vehicles may be parked in the third lowest level of the Playfield parking lot. The gate pass must be placed on the vehicle dashboard showing the rental address. Overnight is defined as the hours between midnight and 6 AM. See Rule A.7 for parking restrictions on Common Property of Big Canoe.

3.1.h. Parking at other times must be substantially off the roadway and must not impede emergency vehicle access. Vehicles may not park on other Owner’s property, including driveways, or block access to any road or driveway.

3.1.i. Owner must provide a telephone number at which Owner may be contacted at all times during a lease. Alternatively, Owner must provide the name and telephone number of a person who shall have the authority to act as an agent on Owner’s behalf.

3.1.j. Owner or an agent of Owner must be capable of traveling to the Property within one hour upon notification by a POA employee of an emergency or situation, including but not limited to a violation of the Rules and Regulations or any other Association document, that cannot be resolved by the POA, after reasonable attempts are not successful.

3.1.k. Owner is responsible for obtaining all licenses, permits and abiding by all codes required by any governmental entity, including but not limited to county registrations, permits for rental property or other restrictions.

3.1.l. Owner shall not permit any hazardous or unsanitary condition to exist on a family dwelling unit, including, but not limited to, exceeding the capacity of the septic system.

4. Enforcement

4.1. In addition to the sanctions provided in Rule A.7 any vehicle parked in violation of any parking regulation is subject to towing without warning, at vehicle owner’s expense or a parking fine assessed to the Owner up to $250.

4.2. A Tenant’s first violation of Rule A.16 [Noise] shall result in a warning from the POA. The warning shall be given to a Tenant named in the access list and by a telephone call to the Owner, or if designated, to the Owner’s agent. The second violation will result in a $250 fine assessed to the responsible Property Owner, commercial establishment or contracting party as appropriate. If, for the same incident, Public Safety must make a third visit to the same location due to a continuing violation of Rule A.16, then Public Safety shall have the discretion to declare such violation belligerent and a violation of a serious nature pursuant to Rule A. 2. A copy of the warning and a copy (ies) of the subsequent incident(s) resulting in the imposition of a fine(s) shall be included with the notice(s) of the fine(s). All fines are assessed to the Property Owner.

4.3. All fines and fees imposed on an Owner for the acts of a Tenant(s) should be paid before the commencement of a subsequent Lease. No Tenant(s) will be admitted to the property if any fine or fee is overdue to the Association.

4.4. Owner shall be responsible for actual costs incurred by the Association in administering and enforcing the provisions of this A.14.

4.5. Any Leased property that has habitual recorded complaints (as determined by the POA) by residents through Public Safety may be banned from leasing property for a period of up to one year.

A. 15 Rules of Conduct for the Common Properties
1. Purpose

1.1. This Rule A.15 establishes the expected conduct of Property Owners, Tenants, and their Guests when they are on any part of the Common Properties of the Big Canoe Property Owners Association (POA).

2. Rules

2.1. All persons shall conduct themselves so as not to jeopardize or interfere with the rights and privileges of others.

2.2. All persons shall avoid any noxious or offensive activity that might cause embarrassment, discomfort, annoyance, or constitute a nuisance to others.

2.3. All persons shall follow established safety rules, and otherwise avoid any actions that endanger the health or safety of others.

2.4. All persons shall follow rules established for individual amenities and other individual parts of the Common Properties.

2.5. All persons shall follow instructions given by a Big Canoe employee engaged in the performance of his/her duty.

2.6. No person shall interfere with, or be abusive or discourteous to a Big Canoe employee engaged in the performance of his/her duties (comments and complaints regarding employees should be reported to the General Manager).

2.7. No person shall defame or otherwise speak in a derogatory manner about a Big Canoe employee, Board member or other Property Owners in a public meeting or setting. Issues regarding employees, other than the General Manager should be discussed with the General Manager privately. Issues with the General Manager should be discussed privately with the Board President.

2.8. Smoking is not permitted in POA facilities nor on any exterior/outdoor Common Properties areas where so posted.

3. Responsibilities

3.1. Property Owners are responsible for their own conduct and for the conduct of family members, Tenants, and Guests.

4. Enforcement

4.1. Violations of this Rule A.15 will subject the appropriate Property Owner to sanctions in accordance with Rule A.2, “Serious Violations”.

4.2. In addition to fines and other sanctions, the appropriate Property Owner will be responsible for the costs of repair for damage to POA or private property.

4.3. Guests who engage in misconduct as defined in these rules may be subject to a loss of rights to enter Big Canoe.

A. 16 Rules for Nuisance Noise and Lighting
1. Purpose

1.1. This Rule A.16 pertains to the expected conduct of all persons within Big Canoe regarding the production of excessive noise or lighting. It shall be against this Rule for any person to use or operate any electronic device which produces or amplifies sound or engage in personal conduct of an excessively loud nature or use of external lighting so as to unreasonably disturb the peace, quiet, comfort or repose of any person in his or her home or dwelling, or in any public area or place of public accessibility.

2. Definitions

2.1. A-weighted sound level. The sound pressure level in decibels (dB) as measured on a sound level meter using the A-weighing network, the most commonly used standard for measuring sound pressure levels.

2.2. Ambient noise. The total of all sound normally associated with a particular location or environmental surrounding.

2.3. Decibel or dB. The commonly accepted unit for measuring the relative intensity of a sound. The human ear can detect a 3 dB change in continuous sound and a 10 dB change is perceived as a doubling or halving of loudness.

2.4. Emergency Vehicle. Any ambulance, med-evac aircraft, fire engine, Public Safety vehicle, Sheriff’s Department vehicle, state patrol vehicle, or other authorized emergency vehicle in the performance of official duty.

2.5. Frequency. One of the identifying characteristics of sound. The number of cycles per second imparted into the air by a vibrating body.

2.6. Evening hours. That portion of the day beginning at 7:01 PM and ending at 10:00 PM, except for the POA Clubhouse which ends at 11:00PM.

2.7. Nighttime hours. That portion of each day beginning at 10:01 PM and ending at 6:59 AM, except for the POA Clubhouse which begins at 11:00 PM.

2.8. Nuisance lighting. Lighting directed across property lines, colored lighting, or lighting that exceeds the standards set forth in the Architectural and Environmental Control Standards.

3. Rules

3.1. During Evening hours, it shall be an infraction of this Rule A.16 for anyone to operate an electronic device or other source exceeding 60 decibels (dB) measured fifty feet from the source as measured by a sound level meter on the A-weighted scale. Such sound measurements will include impulse (peak) sound as well as continuous (steady-state). Notwithstanding these levels, if in the judgment of the investigating POA employee, the production of sound at certain frequencies, either high or low, is disturbing to the peace, quiet, or repose of any person, this shall be judged a prohibited act.

3.2. During Nighttime hours, any sound that exceeds the ambient noise level by 3dB at a distance of 50 feet is prohibited.

3.3. During any period of time, it shall be a violation of these rules for anyone to play a vehicle audio system at a level exceeding the ambient background noise by 3 dB at a distance of 50 feet from the vehicle.

3.4. During any period of time, it shall be a violation of these rules to operate any vehicle or equipment having an internal combustion engine with a malfunctioning, non-functioning, missing or disabled muffler or with a muffler that Public Safety has determined in its discretion emits excessive noise.

3.5. On Sundays it shall be a violation of these rules for anyone to generate sound out of doors at a level exceeding the ambient background noise by 3 dB at a distance of 50 feet from the source.

3.6. During any period of time, it shall be a violation of these rules for any person to use or operate any electronic device which produces or amplifies sound or engage in personal conduct of an excessively loud nature so as to unreasonably disturb the peace, quiet, comfort or repose of any person in his or her home or dwelling, or in any public area or place of public accessibility.

3.7. During any period of time, it shall be a violation of these rules for exterior lighting to be directed onto neighboring properties.

4. Outdoor Events

4.1. It shall be the obligation of the person or persons holding any public or private outdoor event that will utilize electronic amplifying equipment or loud musical instruments 1) to provide the entertainer with a copy of these regulations and 2) to notify Public Safety of the beginning time for the event.

4.2. Big Canoe Public Safety will within thirty (30) minutes of the beginning of such event monitor the sound levels for compliance. Should levels at that time or later be outside the ranges specified above, Public Safety will so indicate to the person(s) in charge and will issue a written warning that they must comply. It is the sole responsibility of the event coordinator or rental party to contact Public Safety dispatch to schedule a sound check prior to the start of the outdoor music/noise.

4.3. All POA approved events at POA-owned facilities are exempt from this Rule A.16, however all noise in excess of 3dB at a distance of 50 feet shall cease by 11:00 PM at the POA Clubhouse and by 10:00 PM at all other POA- owned facilities.

5. Enforcement

5.1. Big Canoe Public Safety shall enforce these Rules and Regulations. Violations of this Rule A.16 by Property Owners, Tenants, or Guests will subject the Property Owners to sanctions in accordance with Rule A.1, “General Enforcement Procedures”.

5.2. Non-compliance after having been issued a warning will carry a fine of $250 to be assessed to the responsible Property Owner, commercial establishment or contracting party as appropriate. If for the same incident Public Safety must make a third visit to the same location due to a continuing violation of Rule A.16, then Public Safety may have the discretion to declare such violation belligerent and a violation of a serious nature pursuant to Rule A.2.

A. 17 Outside Storage Facility
1. Purpose

1.1. This Rule A.17 specifies the limitations and controls pertaining to the use of the Big Canoe Outside Storage Facility. The Outside Storage Facility is to benefit the current owners and residents of Big Canoe that are “in good standing” in meeting the requirements of the POA.

2. Location

2.1. The Outside Storage Facility is located on Hubbard Road across from the North Gate in a fenced and locked gated area.

3. Approved Vehicles/Items

3.1. Motor Homes: Class A, B, and C

3.2. Fifth Wheel trailers

3.3. Travel Trailers

3.4. Boat Trailers (with or without boats on board)

3.5. Campers (on or off the truck)

3.6. Utility trailers (with or without load)

3.7. Boats- must be covered (for mosquito control)

3.8. Pickup shells (up and off the ground on blocks or jacks)

3.9. Automobiles and trucks (must be covered if the vehicle is exposed to the collection of water.)

3.10. Approved miscellaneous items stored properly.

3.11. All vehicles must be “movable”.

3.12. Portable enclosed storage units such as a small pod or non-permanent building are allowed: however, they must fit within the space rented.

4. Use of Space

4.1. No dumping will be allowed.

4.2. If a Tenant leaves Big Canoe permanently, the vehicle/item must be removed within 30 days after departure. Failure to do so will result in Big Canoe having the vehicle/item towed OR placed in the impound lot. Applicable fines will be assessed. Big Canoe POA reserves the right to sell the property after 30 days.

4.3. Overnight stays in the Outside Storage Yard are prohibited.

4.4. Spaces cannot be used to operate a business.

5. Visitors

5.1. Visitor sites are available for up to seven (7) days for Guests of Property Owners. This courtesy parking is free during the seven (7) days. Beginning on the eighth day a $10/day storage fee will be applied to the Visitor and/or Property Owner for storage.

5.2. The maximum length of stay shall be no longer than thirty (30) days.

6. Enforcement

6.1. Violations of this Rule A.17 Property Owners, Tenants, or Guests will subject the Owner to sanctions in accordance with Rule A.1, “General Enforcement Procedures”.

A. 18 Rules of Conduct in the Amenities
1. Purpose

1.1. This Rule A.18 establishes the expected conduct of Property Owners, Tenants, and Guests when they are using the Amenities of the Big Canoe Property Owners Association (POA).

2. Rules

2.1. No pets other than service animals as defined in the ADA are permitted in areas where food is served, stored, or prepared.

2.2. Always use bear-safe containers for food trash.

2.3. Be civil and courteous to residents, guests, visitors and staff.

2.4. Unless otherwise approved, no outside alcohol is allowed in POA facilities that sell alcohol, except wine as allowed in the Clubhouse with a corkage fee. All persons should follow rules established for individual amenities, which may differ from time to time.

2.5. Pets need to be restrained and controlled in all Common Properties including Trails, where permitted.

2.6. No smoking is permitted near the entrances or exits of, or inside, POA facilities except in designated areas.

3. Responsibilities

3.1. Property Owners are responsible for their own conduct and for the conduct of family members, Tenants, and Guests.

4. Enforcement

4.1. Violations of this Rule A.18 will subject the appropriate Property Owner to sanctions in accordance with Rule A.1, “General Enforcement Procedure”.

QUESTIONS?