RULES AND REGULATIONS FOR THE EMERALD ISLE BEACH & POOL CLUB
ARTICLE I
PURPOSE
1. Name and Purpose. The Emerald Isle Beach & Pool Club (hereinafter referred to as the "Club") is a private club organized and operated by Dolphin Ridge Club LLC (hereinafter referred to as "DRC") to provide social, athletic, and recreational facilities for its members. The use of the Club facilities shall be limited to the members (as hereinafter defined) of the Club, the immediate family of members (as hereinafter defined), and the guests of members. The Club is not open to the general public.
2. Facilities. The Club facilities include a private access to the ocean, tennis courts, an outdoor swimming pool, and the clubhouse. DRC shall establish the operating hours for each of the Club facilities.
ARTICLE II
MEMBERSHIP
1. Membership Number. The membership in the Club is limited to 350 active members.
2. Eligibility. Any natural person at least 21 years of age is eligible for membership. No corporations, partnerships, limited liability companies, or other legal entities may be members.
3. Application and Approval. Any person desiring to become an active member shall make application to DRC in such manner and in form and upon such conditions as DRC shall from time to time prescribe or require. No person shall be admitted to or be entitled to be admitted to the Club except and until such person shall have been approved for membership by DRC. Provided, however, no person shall be admitted as a member to the Club until at least three (3) days have passed from the date of application to the date of admittance.
4. Notice of Approval and Acceptance. Each applicant for membership who shall be approved for membership shall be given notice thereof.
5. Membership Fees. Membership fees, dues, assessments, and other charges shall be set by DRC, in its sole discretion, from time to time.
6. Membership Status. Each person who shall have been duly approved for membership and who shall not be delinquent in the payment of all required membership fees, dues, charges, or assessments and while not in the status of a resigned, expelled, terminated, or suspended member is hereby defined to be a member of the Club in good standing. The right to use the facilities of the Club shall be available only and is hereby restricted to active members of the Club in good standing, the immediate family of active members in good standing as identified under Article VI herein, and duly authorized guests of members in good standing as identified under Article VI herein.
7. Relative Rights and Powers. Subject to any restrictions that DRC may impose on a specific membership, the rights, powers, and privileges of all active members in good standing in a class shall be equal to other members in good standing in the same membership class. Except for items that the general membership or the Board of Directors of the membership are given specific authority to vote or voice their opinion upon, all decisions in relation to the operation of the Club shall be made by DRC.
8. Board of Directors. DRC shall appoint three members of the Club to a Board of Directors which shall have such authority as DRC shall assign to it. Specifically, the Board of Directors shall review all applications for membership and shall recommend approval or disapproval of the membership applications to DRC. Further, the Board of Directors shall hold hearings to consider charges of misconduct by members, their immediate family, and their guests as specified herein. DRC shall consider all recommendations and decisions by the Board of Directors; however, the recommendations and decisions of the Board of Directors shall be nonbinding upon DRC.
9. Transfer of Membership. A membership shall not be transferable and any attempt to transfer a membership shall be void. A membership shall have no value.
10. Membership Privileges. DRC shall determine the services that the Club will provide to its members and shall make such information available to the members. The services are subject to change from time to time as determined by DRC.
11. Classes of Membership. The Club may offer different classes of membership from time to time. Full membership shall entitle a member to use all of the Club facilities during the member's Membership Period as specified in the member's Membership Agreement, subject to hours of operation and the Club Rules and Regulations. Limited membership may be granted to allow a member to use one or more of the facilities of the Club, but not all of the Club facilities, or it may be granted to allow a member to use some or all of the Club Facilities for a limited time. All membership classes are subject to the same application, approval, and waiting period requirements.
ARTICLE III
RESIGNATION, SUSPENSION, EXPULSION, AND REINSTATEMENT
1. Resignation. A member may resign from the Club by delivery to DRC of a written statement of resignation signed by the resigning member. The resignation of a member shall become effective as of the later of the date specified in the resignation or the date of receipt of the notice of resignation by DRC. Until the effective date of such resignation, the resigning member shall continue to have the status of a member and shall be liable and responsible for the payment of all dues and charges that shall accrue to the effective date of resignation. The resignation of a member shall not entitle the member to any refund of the member's membership fee, regardless of the amount of time remaining on the member's membership at the time of resignation.
2. Service Charge, Collection Fee, Suspension, Expulsion, and Reinstatement for Non-Payment of Club Obligations.
a. Dues, assessments, fees, accounts, and other charges owed by a member to DRC will be due when mailed or as specifically stated in a statement if a later time is applicable.
b. If the statement is unpaid within fifteen (15) days of the due date, the account will be deemed overdue and delinquent.
c. A one and one-half percent (1 1/2%) per month (18% per annum) service charge will be added to all accounts that are overdue and delinquent. In the event an account becomes delinquent, DRC may employ an attorney to enforce DRC's rights and remedies and the delinquent member agrees to pay and such delinquent member's account shall be charged with the sum of fifteen percent (15%) of the outstanding account balance owed by such member for reasonable attorneys' fees, plus all other reasonable expenses incurred by DRC in exercising its rights and remedies.
d. Thirty (30) days after an account becomes overdue and delinquent, credit to such member shall terminate and such member’s membership shall be suspended automatically. Written notice of suspension shall be mailed by regular mail to the suspended member within a reasonable time after the suspension is effective. Non-receipt of the notice by the member shall not affect the suspension. During the period of suspension of membership, the suspended member shall have the status and only such rights as those of a record holder of a membership without Club privileges; provided, however, such membership may be reinstated before any collection or termination action is taken by DRC by payment of the full amount due (including any reinstatement fee) together with the accrued service charges.
e. Any member whose membership has been suspended due to having an overdue or delinquent account will be charged a $100 reinstatement fee in the event he desires to be reinstated and will be subject to any additional conditions for reinstatement that DRC deems appropriate. Any member with an overdue or delinquent account that is past due more than sixty days will be given notice by registered or certified mail, advising the member that if the full account, together with the reinstatement fee, is not paid and any other additional conditions DRC deems appropriate not satisfied or agreed to within ten (10) days of receipt or presumed receipt of such notice, then the member will be expelled and the member’s membership terminated. Delivery shall be presumed conclusively after three (3) calendar days of placement of such notice in the United States postal service.
f. The imposition of the reinstatement fee, the expulsion/termination of any member, and/or the addition of any additional conditions to reinstatement shall be subject to the sole discretion of DRC.
3. Suspension and Expulsion for Improper Conduct. DRC at all times shall have the power to expel any member from the Club, to suspend the membership of any member, to suspend or deny any person comprising any part of the immediate family of a member, a guest of a member, or any other person the right to use the Club facilities for or on account of (1) the infraction of any bylaw, rule, or regulation of the Club; or, (2) conduct inappropriate for the Club, disrespectful of other members, that damages the Club property or the property of other members, that poses a possible danger to the health and/or safety of other persons using the Club facilities, or (3) conduct otherwise deemed or found to be prejudicial to the best interest of the Club or its members by DRC or the Club Manager. DRC may expel members from the Club facilities at any time DRC deems such to be in the best interest of the Club. If DRC expels a member from the Club facilities for more than one week, then the member shall have the right to request a hearing before the Board of Directors of the Club to review the reasons for and length of the expulsion. Upon filing of such a request for a hearing, the Board of Directors shall review the same and after such investigation as it shall deem proper, shall determine whether a hearing is justified considering the offenses charged and the length of the suspension. If the Board of Directors shall determine that the offense and penalty are appropriate, then the Board of Directors shall advise the member accordingly. However, if the Board of Directors has concerns regarding the charge and/or the penalty imposed, then:
a. The Board of Directors shall fix the date, time, and place at which a meeting on the charges shall be held.
b. Written notice shall be given not less than five (5) days prior to the scheduled hearing date to the member charged or with respect to whose immediate family or guest sponsored by such member the charge was filed. The notice shall set forth the date, time, and place of the hearing and a statement of the charge in sufficient detail to reasonably inform the member of the basis and essential facts and circumstances of the offense. The written notice shall be sent by certified or registered mail addressed to such member at the current address of said member set forth on the membership records of the Club.
c. At the hearing there shall be present at all times not less than two members of the Board of Directors. The member charged or whose guest or person comprising a part of such member's immediate family is charged shall be entitled to be present at the proceeding, may be represented by an attorney, and shall be permitted to offer such proof in defense of the charge as may be reasonable and proper as determined by the Board of Directors. A member is responsible for any and all acts of the member's immediate family and any guest of the member and/or the member's immediate family, and the member is expected to control such parties at all times.
d. Immediately following the conclusion of the hearing, the Board of Directors, either in open meeting or executive session as it may elect, shall consider the evidence presented and on the basis thereof decide the guilt or innocence of the person charged and if guilty, the appropriate penalty for such violation. The Board of Directors shall refer their decision on the matter to DRC. After considering the evidence and the decision of the Board of Directors, DRC either may accept or reject the Board's decision. If DRC should determine that such person is guilty, then DRC may impose the penalty of its choice, including but not limited to, suspension or termination of such member's membership
e. Subject to a member’s right to appeal the initial decision of DRC as provided above, once appealed, the second decision of DRC shall not be subject to further appeal and shall be final and binding.
ARTICLE IV
DUES, RULES AND REGULATIONS
1. Dues. The amount of dues to be paid to DRC by members and the time of payment thereof shall be established by DRC and may from time to time be changed. DRC shall establish all membership fees, service charges, and sales prices for all food, beverage, and merchandise sold by the Club.
2. Rules and Regulations. Rules and regulations with respect to the use by any person of the facilities of the Club shall be established and from time to time may be changed by DRC.
3. Notice and Effective Date. Any act by DRC with respect to the establishment or change of the amount of dues, fees, assessments, or charges payable, or the time for payment thereof, or any rule or regulation, unless a later date shall be specified shall be effective upon the date of adoption by DRC.
4. Reinstatement of Membership. Any member who shall have resigned or shall have been expelled from the Club may thereafter make application to the Club for reinstatement to membership. Upon approval of such application by DRC, the applicant shall be reinstated as a member of the Club effective upon payment to the Club of all outstanding dues, assessments, and charges.
ARTICLE V
MEMBERSHIP CARDS, TRANSFERABILITY, AND RIGHTS
1. Membership Cards. Membership cards shall be issued by the Club in such form as may be determined by DRC. All members are required to have on their possession while they are present on the Club their membership card. Membership cards shall have no value per se.
2. Membership Card Transferability. Membership cards are not transferable. A membership record book shall be kept and maintained at the Club under the supervision of DRC in which there shall be set forth in alphabetical order the name of each person who is a member, the address of each such person, the date such person became a member, and the serial number of such member's membership card.
3. Lost or Destroyed Card. The holder of a membership card shall immediately notify the Club of any loss, destruction, theft, or mutilation of any such card, and subject to the requirements of DRC, DRC shall issue a new card in place of such lost, destroyed, stolen, or mutilated card. DRC may in its discretion require the holder of the card alleged to have been lost, destroyed, stolen, or mutilated to pay a card replacement fee.
ARTICLE VI
DEFINTIONS AND GUEST RULES
1. Definitions. For the purposes of interpretation and application of these Rules and Regulations, the following words and phrases shall be deemed to have the following meanings:
(a) "Member" - A person who shall have been duly approved for membership and who shall have paid all required membership fees, dues, charges, assessments, and, if applicable, reinstatement fees and is duly qualified to use and enjoy the facilities of the Club and the Club privileges.
(b) "Immediate family" - Consists of the persons standing in relation to a member as follows:
(i) Spouse or established partner of the member;
(ii) A son, daughter, stepson, or stepdaughter who is under twenty-five (25)
years of age; and
(iii) A grandchild who is under twenty-one (21) years of age.
(c) "Special events" - Special celebration events sponsored by the Club as such are designated by the Club Manager.
(d) "Weekdays" - Monday through Friday, unless superseded by a Special Event.
(e) "Guest" - A person who is being entertained by and at the expense of a member and who is not a member of the immediate family of the member. See "Guest Limitations" below.
2. Guest Fees and Other Charges. The amount to be charged as a guest fee shall be established by and may be changed from time to time by DRC. The guest fee and all other charges for food, drink, and services with respect to any guest or member of the member's immediate family shall be charged to the member's account and payable by the member when billed by the Club to the member responsible for such guest. The Club may require a member either to specify whether a guest may charge items to the member's account or to require specific member approval for all items charged by a guest. The Club may establish procedures from time to time requiring approval and/or signature of receipts by a member. Unless approved by a member, children under 12 may not charge items to a member's account without the member's consent.
3. Guest Privileges Subject To Fee. A guest fee shall not be charged for use of the Club by a member or by one of a member's immediate family. The "date" or escort of a member will be admitted to the Club without a guest fee and without restriction to the number of visits to the Club when accompanied by such member. A guest fee shall be charged for use of the Club's facilities and privileges by guests in such amount and for such occasions as is fixed by DRC.
4. Guest Limitations. Guests are not permitted to have guests at the Club. At all times while on the premises of or while using the facilities of the Club, guests must be accompanied by the member sponsoring such guest or by one of the immediate family of such member. Except as otherwise specifically provided herein, no person shall be permitted to use the Club facilities as a guest more than three (3) times per calendar year. From time to time, DRC may specify that certain special events will not count toward the guest visit number. Family members of a member that do not otherwise qualify as immediate family and that do not live within fifty (50) miles of the Club shall be permitted to use the Club facilities as a guest for up to five (5) times per calendar year. DRC, in its sole discretion, may authorize the extension of special guest privileges with or without a guest fee.
ARTICLE VII
RESTRICTIONS
1. Children. Members are responsible for supervision and control of their children at all times. The Club does not provide child supervision, and members may not drop their children off at the Club with the intention that the Club will oversee or be responsible for their children. During special times, the Club may offer members the option of hiring a person to oversee their children; however, such events are only when announced and any additional fees will apply at such time. Children under the age of 12 may not be at the Club without adult supervision.
2. No Smoking. No smoking is permitted in the Clubhouse – This includes all portions of the Clubhouse. Smoking is permitted outside; however, smoking that is offensive to other members may be restricted by the Club Manager to certain areas outside the Clubhouse as the Club Manager determines from time to time.
3. Shoes and Shirts Required. Shoes and shirts are required inside the main floor of the Clubhouse. 4. No Glass. No glass containers or dishes are permitted in the swimming pool area.
5. No Lifeguard on Duty. There is no lifeguard on duty at the swimming pool or at the ocean. All swimming is at your own risk. All children under the age of 14 must have adult supervision present at the swimming pool at all times while they are in the swimming pool. Everyone must shower before entering the swimming pool. No diving into the swimming pool.
6. Pool Toys and Floats. Pool toys and floats may be restricted or permitted as specified by the Club Manager for the day. Pool toys and floats may not interfere with the reasonable use and enjoyment of the pool by other members.
7. Restrooms. The pool may not be used as a restroom and anyone caught doing so will be prohibited from using the pool for the day. No children that are unable to control their bladder may use the pool unless they are in undergarments specifically designed and manufactured to catch and trap any discharges before they enter the pool. The Club Manager has the right to prohibit the use of any undergarments that are not specifically designed for swimming pool use. Swimming pool garments are required for using the swimming pool. Cutoffs are not permitted.
8. Game Room. Members are responsible for the use of the Game Room by their children and guests. Equipment and supplies supplied by the Club may not be removed from the Club premises and each member is responsible for any damage to the Game Room equipment and supplies caused by their children and/or guests.
9. Towels. If towels are supplied by the Club, the Club towels are for use at the pool, the showers, and the ocean. The Club may establish a towel check out and check in service from time to time as the Club deems appropriate. The Club towels are not to be removed from the Club premises – except for use at the ocean and must be returned at the end of each day. Towels that are not returned will be charged to the member’s account at the fee established by the Club. The lost towel fee as of April 27, 2006, is $20 per towel.
10. Wet Clothes Prohibited. No wet clothes or bathing suits are permitted on the furniture in the main floor of the Clubhouse.
11. Fireworks. No fireworks (including sparklers) are permitted in the Clubhouse or on the Clubhouse grounds.
12. Firearms. No firearms of any nature are permitted in the Clubhouse or on the Clubhouse grounds.
13. Alcohol. No alcohol may be served to any person under the age of 21 – even if the underage person is the child of the person desiring to serve such underage person. No alcohol may be served to any intoxicated individual. No alcohol may be brought onto the Club grounds, into the Club, and/or into the swimming pool area by members or their guests or any other parties. All alcohol must be purchased from the Club. Violations of the alcohol laws and/or Club alcohol rules are grounds for immediate termination of a member’s membership.
14. Music. Any music (whether supplied by a live band, a DJ, or other means) must be kept within a reasonable level and may not disturb the neighbors. The rights of the neighbors must be respected.
15. Parking. Parking should be done in the designated parking area. In the event the parking area is full, then the Club Manager should be contacted for directions on where to park. Automobiles may not take up more than one marked parking area at a time. Parking is not permitted on the lawns of neighbors. Members should request a Club sticker for their automobiles (including golf carts) from the Club Manager for each of their automobiles. Any vehicles parked in the Club parking area that do not have a Club sticker on them are subject to being towed at the owner's expense - even if the vehicle is owned by a member in good standing. Due to vandalism at the Club related to third parties using the Club parking areas, the Club intends to enforce the parking regulations strictly. Please see the Club Manager for a parking sticker for each of your cars.
16. Club Furniture. Interior Club furniture may not be taken outside without the specific consent of the Club Manager. Pool furniture may not be removed from around the pool area.
17. Guests. Guests may not have guests. The Club may limit the number of guests that a member may have at one time. No unannounced parties are permitted at the Club. All parties must be pre-approved by the Club Manager.
18. Sign In. When the Clubhouse is open, all members must sign in with the Club Manager prior to using any of the Club Facilities. During sign in, the member may be required to identify any automobiles parked in the Club parking lot that are associated with the member. Members and their guests are urged to carpool when available. Members may be limited to one vehicle in the Club parking lot in the event parking becomes a problem. In the event the Club is closed, members may park in the parking lot and use the private walkway to the ocean; however, members may not enter the fenced in area of the Clubhouse.
19. Tennis Courts. The Club tennis courts are available for use by members during daylight hours subject to the Club requiring signup sheets and establishing time use limits in the event DRC or the Club Manager deem it appropriate. The tennis courts are to be kept locked when not in use and members are responsible for locking the gate if they are the last party to leave the tennis courts at that time. The tennis court gate is not to be left unlocked by any members when no one else is using the tennis courts. The tennis courts are not to be used for anything except playing tennis. Roller skating, in-line skating, skateboarding, basketball, and bicycles are prohibited from the tennis courts. The tennis court fences are not to be climbed at any time. Members are expected to pick up behind themselves, and place all trash in the trash containers provided at the tennis courts.
20. Private Walkway. Members may park in the Club parking lot and use the private walkway to the ocean when the Club is closed; however, members may not enter the fenced area of the Clubhouse.
21. Animals. Animals are not permitted in the interior of the Club or in the fenced area of the Club. Animals may use the walkway to the ocean. Members must pick up any solid waste from their animals using the walkway. No animals of members and/or guests may be left in vehicles, tied to vehicles, tied to items, or allowed to roam the area of the Club located outside of the fenced area of the Club.
22. No skateboarding. Skateboarding is prohibited in the parking lot or anywhere else on the Club premises.