Lake Pointe Homeowners Association Board Of Directors Guidelines for

No Fee and For Profit Community Center Rental Requests

Effective November 28, 2001

 

The Lake Pointe Homeowners Association Board of Directors have unanimously approved the following guidelines proposed by the Community Center / Pool Committee for the consideration of no rental fee and for profit requests for use of the Lake Pointe Community Center.  These changes took effect November 28, 2001.

 

1.      No rental fee and commercial (“for profit”) requests for use of the Lake Pointe Community Center will be considered by the HOA Community Center / Pool Committee and authorized by the Board of Directors (BOD) on a case-by-case basis.

2.      Such requests will be accommodated on a first-come, first-serve basis.  The BOD reserves the right to limit the number of groups.

3.      The BOD reserves the right to withdraw approval for an organization’s use of the Community Center for failure to 1) abide by the terms of their approval or the Recreational Use Agreement, 2) maintain insurance, 3) cover the cost of rental and / or damages or any other unforeseen event that they believe would negatively impact the Association’s property or members.

4.      No rental fee requests will be considered for registered non-profit organizations whose activities primarily benefit Lake Pointe and / or its residents.

5.      For profit rental requests will be considered for activities that primarily benefit Lake Pointe and / or its residents.

6.      Majority of event participants must be Lake Pointe residents.

7.      For profit Contractor will collect and contribute to the HOA an additional 15% participation fee from non-residents.

8.      Renting organization will be required to provide a $150 refundable security deposit for the entire proposed rental period and complete a Community Center Recreational Use Agreement prior to use of the Community Center.  Dates and times for the rental period must be specified on the rental agreement.

9.      Participants who are not residents will be required to sign a waiver (Guest Release) releasing the Lake Pointe HOA from any liability prior to use of the Community Center.

10.  Rental must be coordinated/organized/sponsored by a Lake Pointe resident in good standing.

11.  Sponsors of rentals will be responsible for the following:

    1. Fielding all questions by residents regarding the program / activity.
    2. Documenting to the HOA Property Manager those participants which are Lake Pointe residents and which are not.
    3. Completion of the Community Center Recreational Use Agreement.
    4. Ensuring that Guest Release waivers have been obtained for all non-resident participants and delivered to the HOA Property Manager.
    5. Ensuring that non-resident’s 15% participation fees are collected and submitted to the HOA Property Manager.

12.  Liddiard will encourage renting organization to select a date and time which will have minimal conflict with the high demand times for residents’ rental of the Community Center.

13.  Renting organization will be subject to post activity inspections after each use of the Community Center for damages.

14.  No rental fee organization must be willing to forego the use of the Community Center if the facility is requested for use by a paying Lake Pointe resident where an acceptable alternate date and time cannot be found.

15.  HOA must notify no rental fee organization of resulting unavailability of facility 48 hours in advance of scheduled event.

16.  No rental fee organization to perform Community Service project(s) benefiting Lake Pointe in exchange for free use of Community Center.  Renting organization will provide the HOA BOD with a written proposal for their community service project(s) along with the projected timing for the project(s) when the requesting free use of the Community Center.  Following the completion of a Community Service Project, the renting organization will document the project in the form of a newsletter article.  This article will be published in the Lake Pointe newsletter issue that follows the project completion.

17.  Based on the recommendation of the HOA insurance agent,

    1. The no rental fee or for profit Contractor may be required to secure and maintain insurance to protect the Contractor and its employees, and the Association from claims for bodily injuries, death or property damage which may arise out of or as a result from the Contractor’s performance or nonperformance of its duties.  Any failure to maintain required insurance or to furnish any required certificate will be grounds for immediate termination of their use of the Community Center.  The following minimum levels of coverage are required:

                                                               i.      General liability:

1.      $1,000,000 per occurrence

2.      $2,000,000 aggregate

                                                             ii.      Professional liability for activity instructors:

1.      $1,000,000 per occurrence

2.      $1,000,000 aggregate

                                                            iii.      Subscriber’s Worker’s Compensation:

1.      As required by law

    1. Certificates of insurance confirming the no rental fee or for profit Contractor’s coverage and naming the Association, as an additional insured must be provided to the Association’s attorney prior to the contractor’s commencement of use of the Community Center under the Recreational Use Agreement.  The certificates of insurance must provide that the coverage may not be cancelled without at least 15 days prior written notice to the Association.