BANYAN SPRINGS RULES

We ask your cooperation in complying with these Rules and Regulations as they apply to all common elements, including the recreational facilities. They have been formulated for the purpose of making your living in this community more pleasant and enjoyable and to extend the life of the facilities. Your cooperation is appreciated.

It should be noted that there are numerous residential associations in the community. These Rules and Regulations apply only to the Master Association (P.O.A.) and its property. In the event of a conflict between the Master Association’s rules and the rules of any other association, the rules of the Master Association shall apply.

BANYAN SPRINGS RULES AND REGULATIONS

ARCHITECTURAL CONTROL

The members of the Architectural Control Committee shall be the Directors of Banyan Springs Property Owners’ Association. Any changes that affect the exterior of a Unit may not be made without obtaining prior written approval of the Architectural Control Committee and the appropriate association. In each case the Master Association shall make the final decision. Such approval shall not be denied except for justifiable reasons. Forms requiring details of the requested change including drawings and specifications are available at the Management office.

ASSIGNMENT OF ROOMS

Only the Calendar Committee can make assignments of the Center, Clubhouse rooms, Banyan Room and the Cabana. Clubhouse rooms and the Center are available only to those groups registered with the Management Office. To register a group must be incorporated within one year from the date of application and must be open to all residents of Banyan Springs. Registration forms are available at the Management office. Subsidiary groups must be sponsored by a registered group, which will accept responsibility for them. Only one group will be registered for each activity.

The Center, Clubhouse, Banyan Room and Cabana may be used for meetings and social events, which are open to all residents, but the Cabana and the Banyan Room may also be used for private parties. The use of the Banyan Room for a private party does not include use of the snack bar area or prep kitchen unless specifically approved by Management.

Eating and drinking (except for covered drinks and hard candy) is prohibited in all of the indoor Banyan Springs Property Owners’ facilities unless such eating and drinking is in the Café area or as part of authorized parties and events.

Request forms for reserving any rooms are also available at the Management office and must specify the set-up requirements. In the Cabana and the Banyan Room the reserving group is responsible for setting up the room for their needs and returning the room to the standard format for the next activity. The maintenance staff will assist in the set-up and take down. The timing of that assistance is at the Property Manager’s discretion.

Private Parties - There will be a facilities fee of $100.00 charged to any resident reserving a room for a private party or event. If the party or event is doing their own catering, they will be responsible for setup and take down as well as clean-up. A $100.00 clean-up deposit is also required. The deposit may be returned after facilities inspection by the staff. If the party is catered by our own caterer, there will be no clean-up deposit as they will be responsible for setup and clean-up.

Incorporated Clubs of Banyan Springs – POA will do all setup and takedown for events Monday through Friday at no charge during normal working hours. Any setup or takedown on Saturday or Sunday will be split among the clubs involved Friday through Sunday. Clubs will be billed after weekend events. Clean-up of the room is the responsibility of the clubs. Outside caterers must clear with the office for Certificate of Insurance and a set-up sheet. The same charges as for a private party are applicable.

A $100.00 deposit is required for each use of P.O.A. facilities, except for the use of the Center (see P.O.A. COMMON PROPERTIES) when food and drink are served. Any clean-up costs incurred by the P.O.A. will be deducted from those deposits. The deposits will be returned upon the satisfactory inspection of the facility after its use.

Management must be promptly notified of any cancellation of scheduled events in order to allow for re-assignment of the facility and to avoid unnecessary labor costs for set-ups. Failure to do so will result in the labor charge being assessed against the group involved.

Chairs may not be moved from one location to another location without a written request to Management and the written consent of Management.

BILLIARD ROOM

1. ALL PERSONS USING THE BILLIARD ROOM DO SO AT THEIR OWN RISK.

2. Unit Owners are responsible for the conduct of their guests and lessees, and will be held responsible for any damage to equipment resulting from improper conduct.

3. Children under 16 years of age are not permitted in the Billiard Room.

4. During the hours of 1:00 and 5:00 P.M. no more than 1 (ONE) guest of a unit owner/resident is allowed to play in the Billiard Room. No guest may play at any time unless that guest is accompanied by the unit owner/resident who invited him/her.

ELECTRONIC GATE AND DOOR ACCESS

One proximity gate card and fob will be given to each unit for access through the entrance gates and to the recreational facilities. An additional card, in excess of the original two, which are provided, can be purchased for resident adult members of the family when more than two persons reside in the unit. The additional card may be issued with proof of residency and family relationship for a fee of $25.00 each. Cards and fobs must be turned over by an owner to an approved lessee at the commencement of the lease and returned by the lessee to the owner at the conclusion of the lease. When a unit is sold the cards must be turned over to the buyer. The fee for replacement of a lost card or fob is $25.00.Worn out or damaged cards or fobs will be replaced for a fee of $10.00 each (No refunds). Cards or fobs MAY NOT be given to repairmen, deliverymen, tradesmen, cleaning or other domestic help, etc. Breach of this security measure will be considered a serious violation of the rules and regulations. Individuals may request a change from fob to card or card to fob for an administrative change fee of $15.00. Residents may request a visitor’s card for a $50.00 deposit. The card must be returned to the office within 30 days at which time the deposit will be returned.

LAKES

1. Fishing is allowed but any fish caught must be released.

2. Children under 12 must be accompanied by an adult at the lakeside.

3. Fishing is not permitted after dark.

4. Boats are not allowed in the lakes.

5. Litter may not be thrown into the lakes.

LANDSCAPING

All requests for the planting of bushes, shrubs, flowers, trees, etc. must first be submitted in writing to the Landscape Committee for approval.
Trees may be removed only when they have died, or their roots are

causing problems by encroaching upon sidewalks, driveways, parking lots, streets, foundations, plumbing or other similar areas, or causing staining to sidewalks, streets, driveways or roofs.

3. All requests for tree removal must first be submitted on the proper form (available at the Management Office) and be approved by the Landscaping Committee and the P.O.A. Board of Directors. However, if the Landscaping Committee fails to give approval the Board of Directors may be asked to review the decision.

4. If the request for tree removal due to staining is approved the resident or condominium/homeowners’ association must agree to pay the full expense of the tree removal and the planting of a suitable replacement tree (i.e., Green Buttonwood, Oak, Pigeon Plum or Mahogany).

5. The replacement tree must be planted within 30 days of the original tree’s removal and must be planted within 4 to 6 feet of the original site. It must be a minimum of 10 feet tall after planting and must have a minimum crown diameter of 4 feet

6. The Property Owners Association, will not be responsible for the maintenance of any bushes, plants, trees, shrubbery, flowers, etc.,which were not installed by the Developer or the Property Owners’ Association, even if permission for the planting of such items was approved by the Property Owners’ Association.

7. RESIDENTS SHALL NOT INSTRUCT OR MAKE DEMANDS UPON ANY EMPLOYEE OR CONTRACTOR ON THE CARE AND MAINTENANCE OF ANY LANDSCAPING. ALL COMPLAINTS AND SUGGESTIONS SHOULD BE ADDRESSED TO THE PROPERTY MANAGER IN WRITING.

OWNERS’ REQUEST FOR RECORDS

1. All requests shall be submitted in writing to the Property Manager’s office. Receipts will not be issued for such requests. Anyone desiring a receipt must send their request by registered or certified mail with “return receipt requested”.

2. Owners may make only one request per month for the examination of the Association’s documents.

3. The location of the owner’s examination shall be designated by the Property Manager. The examination shall take place only on Monday-Friday, holidays excluded, between the hours of 2-4 P.M. unless the Property Manager shall specify another time. In no event may an Examination session exceed 2 hours per day. If the owner’s examination cannot be completed on one (1) day the Property Manager shall schedule another examination at the earliest convenient time.

4. The Property Manager shall assign someone from the Management office to be present at all times when the examination of original documents is being made. In order to preserve the integrity of the Association’s documents, all copies of those documents will be made only on the Association’s copying equipment. Owner’s will be charged the Standard rate then being charged to all members for any copying requested.

PARKING AND USE OF BUSES

Vehicles may be parked anywhere in Banyan Springs not designated as a “No Parking” area. Vehicles are not to block driveways, sidewalks or stop signs at any time nor cause any unsafe conditions. Parking is not allowed on the grass. Vehicles must always be parked “Head In”. For the health and safety of the Community there shall be no parking on the streets overnight.
All vehicles owned or leased by Owner, Renters and House guests (as defined in Policy for Guests) must be registered with the Management Office. Registration forms and vehicle tags are available at the management office. Tags must be displayed as instructed by management.
Commercial vehicles (which are of the type generally fit for transporting passengers) shall not be considered to be “parking” when standing within Banyan Springs, after being used to convey passenger(s) to visit a unit, if such standing takes place for a period of 6 or less hours and does not violate the prohibition against overnight parking. The vehicle must be properly parked.
Parking at the Clubhouse or Cabana is only permitted by those using the facilities. Vehicles may not be left there overnight when the owner/operators are absent from Banyan Springs.
Written notice of buses entering Banyan Springs must be given to the Property Manager so that arrangements can be made to accommodate them. Buses are allowed on Cedar Point Boulevard only.

PETS

1. No pets are permitted in the Clubhouse and Cabana facilities.

2. All pets must be leashed when outdoors.

3. Owners, guests and renters must remove all droppings of their pets.

P.O.A. COMMON PROPERTIES

SMOKING IS PROHIBITED INSIDE ALL OF THE PROPERTY OWNERS’ ASSOCIATION BUILDINGS, THE POOL DECKS, THE SUN DECK, PATIO EATING AREA, TENNIS FACILITIES AND WITHIN 25’ OF ANY BUILDING ENTRANCE.

Use of all Banyan Springs facilities is restricted to residents and their guests. Residents, in good standing, may invite guests to use all facilities subject to and limited by the Rules and Regulations established by the Board. Individuals who are in transition as owner of another unit with Banyan Springs, may continue to have all of the privileges of owners, even though these individuals may not hold title to a unit within Banyan Springs. In order to have such privileges this transition period may not exceed 90 days.
Good conduct, proper attire, and decorum must be observed by residents and guests at all times.

The P.O.A. is not responsible for any loss or damage to any personal property regardless of where such property is checked, kept, left or stored.

Each resident shall pay for any loss or damage caused to P.O.A. property by such resident, their family or their guests.

No solicitation of funds is allowed in Banyan Springs. Guest speakers may not solicit customers or clients for any specific business

RESIDENTS SHALL NOT REPRIMAND ANY EMPLOYEE OR CONTRACTOR. ALL COMPLAINTS AND SUGGESTIONS SHOULD BE ADDRESSED TO THE PROPERTY MANAGER IN WRITING.

No equipment, furniture, or property of any kind may be taken from P.O.A. facilities without prior approval of the Property Manager.

All P.O.A. facilities shall be closed from 11 PM until 7 AM unless prior arrangements are made with the Property Manager.

During the season (November 1 to May 1) no daily guests (as defined in Policy for Guests) may be invited for the purpose of playing table games inside the P.O.A. buildings.

The Cabana, Clubhouse Card Rooms and the Banyan Room are open Monday nights for guests to participate in table games. The resident inviting guests is responsible for admitting the guests to Banyan Springs and ensuring that they obey the POA Rules while attending.
The Center may be used for Inter-Community activities with approval of the POA Board. The Board will consider each request on an individual case basis. Requests to use the Center for such Inter-Community activities must be submitted to the Board in writing with full details, 30 days prior to the event.
The Board of Directors may temporarily suspend the use of P.O.A. facilities for the resident, the residents's family, or the resident's guests, in case of violation of any of the Rules and Regulations. In order to enforce a suspension the Board will proceed as follows:

                a. The resident will be notified by the Property Manager, in writing, identifying the violation by the resident, his family or his guests, and warning the resident that a second violation of the same Rule or Regulation could result in suspension of the use of facilities for up to30 days. The resident may request, in writing, a hearing on the violation before the Board and such hearing will be granted no later than 7 days after receiving such request. The Board’s decision, in writing, shall be rendered within 7 days. The suspension shall be placed in abeyance during the hearing Process.
               b. Notification to the resident of a second violation (for the same offense) and suspension will be in writing from the Property Manager. If the suspension is ignored, the matter will be referred to an attorney. All expenses incurred will be charged to the resident.
   13.   No resident may receive a fee for course instruction. They may charge only for supplies and materials which are necessary for the course instruction. All non-resident instructors must have approval prior to the implementation of their programs.
   14.   The use of the Center by officially sanctioned clubs and organizations is subject to the following food serving guidelines.

All post meeting food will be served in the Café or Banyan Room.

The Center shall be properly cleaned after each event where food and drink are served. The cleaning will be done by a professional cleaner retained by the Club. A fee of $1.00 person shall be paid by the organization sponsoring the event to defray the cleanup costs. The fee shall be paid directly to the cleaning service.

15. Whenever the Café is open (whether for breakfast lunch or dinner) the white tables on the patio and the tables in the Café are exclusively reserved for eating and no game or card playing is allowed. None of the tables may be moved to make room for the insertion of card or game tables. The Center is available for Bridge only on Monday nights. Indoor table games are only permitted in the designated card rooms, Banyan Room, Room “A” and Cabana, when available. Card tables may not be selected by players before 11:00 A.M. for afternoon games and before 5:00 P.M. for evening games.
16. On Common Property in all areas of Banyan Springs, except the pool decks, all persons are required to wear appropriate attire (i.e., tops, bottoms and footwear).
17. Shorts may not be worn in the Center after 6 P.M. by either men or women.
18. All notices for posting anywhere on P.O.A. property, except in the Cabana, must be submitted to the office for approval. Personal notices are permitted only on the Cabana bulletin board, and must be dated. Notices shall only be placed on approved bulletin boards.
19. All groups that are authorized to use the Center shall abide by the following occupancy rules: No more than 524 people in a theatre arrangement and 35 tables in a cabaret arrangement. Any deviation of these restrictions must be approved by the P.O.A. Board.

POLICY FOR CHILDREN

Banyan Springs is an “Adult Community” within the meaning of the Federal Fair Housing Act and restricts the residence of children as follows:

No children under the age of 18 may reside in any part of Banyan Springs except that children may be permitted to visit and temporarily reside in a unit for periods not to exceed 30 days in total within any calendar year.

Children under 12 years of age must be accompanied at all times by an adult while using any common facilities. Restrictions on the use of facilities by children are listed in each of the areas covered in this booklet.

POLICY FOR GUESTS

There are two categories of guests:

A. House Guests: Those living with a unit owner or lessee, or occupying the unit in their absence, on a short term basis (Short term is considered to be 30 days or less) must register car. (see section regarding parking).

B. Daily Guests: Those guests of a unit owner or lessee who do not stay overnight in the Banyan Springs Unit Residents are responsible for familiarizing their guests with the rules and regulations pertaining to all of the facilities in Banyan Springs. Residents are also responsible for any damage incurred by their guests, including court costs and attorney’s fees.

Restrictions on the number of guests and their use of facilities are listed in each of the areas covered in this booklet.

In situations where a Banyan Springs unit is leased, the lessee replaces the record owner of that unit provided a copy of the lease is on file.

Daily guests must be accompanied by their host when using common facilities.

POOLS AND WHIRLPOOLS

1. ALL PERSONS USING THE POOL AREAS DO SO AT THEIR OWN RISK.

2. UNIT OWNERS ARE RESPONSIBLE FOR THE CONDUCT AND SAFETY OF THEIR GUESTS AND LESSEES.

3. The main pool hours are 7:00 A.M. to 10:00 P.M only. The Cabana pool and hot tub are only open during daylight hours. No one is to use the pools or whirlpools when they are officially designated as closed.

4. Disorderly conduct by swimmers or others in the pool or pool area is prohibited and is grounds for ejection from the pool area by Management.

5. Persons with open sores of any kind are prohibited from entering the pools and whirlpools.

6. FLORIDA STATE LAW REQUIRES ALL PERSONS TO SHOWER BEFORE ENTERING THE POOLS AND WHIRLPOOLS.

7. Pool furniture cannot be reserved, removed from the pool area or placed within 6 feet of the pool.

8. Wading pools must be kept at least 6 feet from the pool and emptied and removed after use. Hoses must also be recoiled immediately after use.

9. Children under 3 years of age, and those in diapers or training pants, who are not toilet trained are not permitted in the pools and whirlpools.

10. Children under 12 years of age are not permitted in the pools at any time without a parent or adult member of the household being present. Children under 12 years of age are not permitted in the whirlpools at any time.

11. The pools and whirlpools shall not be used by non-ambulatory persons unless they provide their own assistance.

12. All eating of food is restricted to the designated areas marked off with tables, chairs and umbrellas. Beverages in covered, non- breakable containers are permitted. .

13. Surfboards, rafts, floating objects or similar equipment, with the exception of “noodles” and water weights, are prohibited in the pools and pool areas. Running, ball playing, roller-skating, using scooters, etc., is prohibited in the pool areas. The only wheeled devises allowed at the pool deck and sundeck are baby carriages, walkers and wheelchairs; i.e. no carts or wagons.

14. Pets are not permitted in the pools and pool areas.

15. Proper attire (footwear and cover-up) is required when leaving the pool decks.

16. Bathing suits are required for all persons entering the pools and whirlpools.

17. Diving or jumping into the pools is prohibited.

18. All persons are required to leave the pools and whirlpools when there is thunder and/or lightning in the area.

19. All chairs and lounges must be covered with towels by those using them when wearing bathing attire.

20. Pool umbrellas are not to be moved by anyone other than management. With the addition of the new 9’ pool umbrellas no personal umbrellas are to be used on the pool deck or sundeck.

21. No chairs or lounges are to be placed on the pool deck in front of the sundeck railing.

22. Towels, swimwear or other paraphernalia is not allowed on the sundeck railings.

RACQUETBALL

1. ALL PERSONS USING THE RACQUETBALL COURTS DO SO AT THEIR OWN RISK.

2. Racquetball players shall have court priority at all times.

3. Two or more players will always have precedence over a single player.

4. A reservation policy will be instituted if necessary. Residents are limited to four playing hours and four guests each day.

5. Proper athletic attire is required on the courts. Shirts must be worn.

6. Black balls, small solid balls and black sole sneakers are not permitted on the courts.

7. All usage is subject to the playing condition of the courts as determined by the Property Manager.

8. Children under 12 must be supervised by a parent or an adult member of the immediate household.

RENTALS AND RESALES

1. All rentals and resales are required to be processed for approval by the Property Owners’ Association and individual condominium/homeowners’associations. The proper application forms are available at the Management Office. No approvals will be granted until and unless the proper fees have been paid.

2. Banyan Springs is an “Adult Community” within the meaning of the Federal Fair Housing Act. Therefore, no rentals or resales will be approved unless at least one person residing in the unit is at least 55 years of age.

SHUFFLEBOARD

1. ALL PERSONS USING THE SHUFFLEBOARD COURTS DO SO AT THEIR OWN RISK.

2. Unit owners are responsible for the conduct of their guests and lessees and any damage to equipment resulting therefrom.

3. Children under 12 are not permitted on the shuffleboard courts without a parent or adult member of the immediate household being present.

4. Walking, running, biking, roller-blading and the use of scooters, etc., is prohibited on the courts.

5. Players must wear footwear with rubber soles. Playing with bare feet is prohibited. Shirts must be worn.

6. Discs are to be lifted onto the playing surface at the end of the courts and not thrown onto the playing surface.

SHUTTERS - TEMPORARY

Temporary shutters are those which are not fully operational at all times but which require the installation of some portion thereof to make them ready for use. All temporary shutters may be installed no earlier than 5 days prior to the declaration of a “Hurricane Watch” and must be removed no later than 5 days after the hurricane has left the area of Banyan Springs.

SPA AND FITNESS CENTER

HOURS (CO-ED) 7 A.M. – 9:30 P.M.

ALL PERSONS USING THE SPA AND FITNESS CENTER DO SO AT THEIR OWN RISK.

PROPER ATTIRE (TOP AND BOTTOM AND FOOTWEAR) IS REQUIRED AT ALL TIMES IN THE EXERCISE ROOMS. BATHING SUITS ARE PROHIBITED IN THE FITNESS CENTER. SNEAKERS WORN ON HAR-TRU TENNIS COURTS ARE PROHIBITED ON THE TREADMILLS. ALL CLOTHING AND BAGS MUST BE STORED IN LOCKERS. ADDITIONAL STORAGES FOR BAGS HAS BEEN PROVIDED ON THE SHELVING IN THE FITNESS CENTER.

All persons must shower before entering and re-entering whirlpools, Japanese pools and saunas.

All persons must adhere to time limitations noted on individual exercise equipment. ( A 30 minute limit has been established for the treadmills and other specific equipment if others are waiting). Sign-up sheets for treadmills and other specific equipment are located on the bulletin board in the fitness center and must be used. It is recommended that first time users not exceed 5 minutes in whirlpools, Japanese pools and saunas.

Cardiac patients should have doctor’s approval for use of equipment in fitness center and for whirlpools, Japanese pools, saunas and other Spa facilities. People with disabilities must have their attendant with them.

Children under 16 years of age are not permitted in the Spa or fitness center.

Due to the limited capacity, residents shall receive priority in the use of the Spa and fitness center equipment. No guests are permitted in the fitness center in season Monday, Tuesday and Thursday 8:30 to 10:30 AM. If openings are available at other times, they can be filled by guests on a first-come first-serve basis.

No loud talking, radios, or other musical equipment other than I-Pod like devices are permitted in the Spa or fitness center.

No food is permitted anywhere in the Spa or fitness center. Beverages may be used only when in unbreakable, capped containers.

No electrical equipment or appliances of any type are permitted in the Spa or fitness center, except shavers and/or hair dryers are permitted in the Locker rooms. Shaving is prohibited in the steam rooms or saunas
No soaps, shampoos, hair conditioners, oils or any lotions or additives are permitted in whirlpools, Japanese pools, saunas, exercise room or Spa facilities with the exception of the showers.

Appropriate footwear is required in the exercise rooms; no flip flops, clogs, sandals or shower shoes are permitted.

13. Clogs, flip flops or sandals must be worn in steam rooms, saunas, showers and hallways. No dripping bathing suits are allowed, and cover-ups must be worn when passing the Salon area.
14. All equipment should be dried after use. For your health and the health of others, wipes are to be used before and after equipment use.
15. Owners are responsible for the conduct of their guests or lessees and for any damage to equipment.

TELEPHONE DIRECTORY

A telephone directory of Banyan Springs phone numbers is printed once a year. Only those residents who give their name, address and phone number to Management are included in the directory. An E-Mail address and a Cell Phone directory are also provided, but only for residents who wish that information published.

TENNIS

1. ALL PERSONS USING THE TENNIS COURTS DO SO AT THEIR OWN RISK.

2. All Rules and Regulations will first be interpreted by the Pro. All rules are subject to the playing condition of the tennis courts and may be altered at the discretion of the Pro. All questionable situations will be left to the discretion of the Pro. In his/her absence, the Tennis Committee has the authority to act. Courts must be deemed in Playable condition by the Pro before play begins. Do not enter any Court with a “Closed Court” sign.

3. All playing times are posted in the three Pro Shop windows 2 days prior to play. All change requests, additional players, etc., must be made on the sheets located on the clipboard outside the Pro Shop. All players must be properly listed in order to play even if the Court is unassigned and not in use.

4. All players must reserve courts by 7:00 A.M., at least 2 days in advance in accordance with the following procedures:

a. Players’ court requests are to be made on reservation slips available outside the Pro Shop and placed in the appropriate section of the box listing their requested day. Each slip must be completely filled out including dated requested, listed players name of Captain and time preference. No other information or markings shall be entered on the slips. It is recommended that slips be completed with four time slots to improve the chances of obtaining a court. Requests for specific courts cannot be honored. No telephone requests will be taken. See the Pro if you need further clarification of these procedures.

b. The courts will be assigned by the Pro or designated tennis committee member through a daily lottery system.

Doubles play will take precedence over singles play at all times. Only doubles groups are permitted to reserve courts before 1:00 PM during the period of November 15 - April 15 and before 11:30 AM during the period of April 16 - November 14, unless open courts are available. If there is an open court at 8:00 AM. on the day of play the Pro may assign that court for singles play.

If a group misses the lottery deadline, a reservation slip will be honored and placed in available time slots
.

Guests may not sign in or play until 1:00 P.M., unless a court is open. (A guest is defined in the guest policy section of this booklet). A guest may be a fourth prior to 1:00 PM if a scheduled player does not show, and if a search for a fourth player is unsuccessful.

Once singles players are assigned a court, it shall be theirs until the end of the time slot to which they are assigned. Such single players may invite anyone they wish to join them in their play. Later arriving doubles players may not ask them to vacate the court.

The Pro, or tennis committee designee, shall handle all discussions concerning court allocations. No one else is permitted to enter courts and interrupt players for these discussions.

Courts may not be held for a reservation for more than 10 minutes when parties are waiting. All 4 parties must be present. The courtside clock will be used for this determination.

Players on a given court may keep playing into the next time slot provided that:

I. The court is not reserved in the next time slot.

II. They check with the Pro to re-book the court. This can only be done at the end of a court reservation’s playing time, not in advance.

During the season (November 15 to April 15) no more than two residents of the same unit may play during prime time (8:00 AM to 1:00 PM) on any given day, unless an open court is available.

During the “PEAK” season (i.e. Christmas, School Vacations, Presidents' Week, Easter, Passover, etc.) no singles play or daily guests can be scheduled before 1:00 PM unless court time is available. However, they may play again if court time is available.

Residents may only reserve court time once each day, unless court time is available.

If a court becomes unusable during players’ court reservation (e.g., sudden rainstorm), playing time will not be extended.

5. Proper tennis attire is required at all times on or in the court area. Shirts are required. Only those shirts approved by USTA or “T” shirts with a tennis motif are allowed. Players may not play is swim suit attire. ONLY FLAT SOLED TENNIS SHOES (or those approved by the Pro as not being damaging to the court surfaces) ARE PERMITTED ON THE COURTS. SMOKING IS NOT PERMITTED COURTSIDE.

All questions regarding the appropriateness of a player’s tennis attire shall be resolved by the Pro. The Pro shall be the one to inform any player of inappropriate attire. In the Pro’s absence the opinion of a member of the tennis committee, or POA Board member shall prevail.

6. Players causing deliberate damage to the courts or equipment are liable for that damage and will be subject to penalties including repair and replacement costs. Unit Owners are responsible for their guests’ or lessees’ actions.

7. Scheduled activities, leagues, round robins or any other activities on the courts may be conducted only by the Pro.

a. No one may organize or conduct any court activities or events without full authorization from the Pro. Such activities will not be scheduled prior to 1:00 P.M. during the season.
b. Teaching and/or coaching on the courts is restricted to the Pro and/or Assistant Pro. Members or guests may not teach or coach other players except that the team captains may work with their team members.

8. Court 1 shall be reserved for the use of the Pro, as per contract. During the season the Pro will not schedule instruction between 8:00 A.M. and 1:00 P.M. unless provided by contract. Notice of exceptions shall be posted in the Pro Shop. When the Pro deems Court 1 available, he/she will book the court for general use on a first-come, first-serve basis in accordance with all rules and regulations.

9. Boisterous and profane language in the tennis area will not be tolerated and may lead to disciplinary action.

10. Only tennis players will be allowed on the courts. Children not playing tennis are not allowed on the courts. Children under 14 years of age are not permitted in the tennis area without a parent or adult member of the immediate household being present

11. Tennis etiquette must be adhered to at all times. Players and spectators must not speak loudly so as to disturb players on the court, as referred to in the USTA “Code of Conduct”, which Banyan Springs observes. Copies of the Code are available in the Pro Shop.

12. On days of Inter-league Play, players are to stop playing on designated Courts 15 minutes early so that the courts may be properly prepared and League play can begin promptly at 1:00 P.M.

13. The failure of scheduled players to utilize the court assigned to them, resulting in the non-use of that court for any assigned time slot, may lead to disciplinary action. The Pro shall determine whether, in his judgment, the non-use was excusable or requiresthe imposition of penalties upon the responsible party or parties.

14. All situations not covered in the above rules and regulations will be resolved by the Pro. Should his/her resolution not be acceptable, or in his/her absence, a grievance may be brought to the Tennis Committee, which shall meet to consider the question. A list of Committee members is posted at the Pro Shop.

15. Violations of the Tennis Rules and Regulations will be subject to the following penalties:

a. 1^st violation : Warning with notice of additional penalties if violation continues.

b. Additional violations: 3 to 30 day suspension from court privileges.

All violations will be decided by majority vote of the Tennis Committee at a timely hearing convened to consider the infraction(s). Penalties for other than a first violation must be approved by the POA Board.

TRASH PICKUP

Trash is picked up twice a week. Residents of Home Owners Associations are required to place their refuse at the end of their driveways, not blocking access to mail boxes. Residents of Condo Associations with trash areas are required to place their trash in tied plastic bags and dispose of it by placing it into the dumpster. Residents of Condo Associations with chutes to the trash room are required to place their trash in tied plastic bags and use the chutes at reasonable hours. Trash must be put out no earlier that 6:00 P.M. the evening before collection. The empty containers must not be left out overnight.

All food garbage MUST be eliminated through the kitchen sink disposal unit to minimize rodent problems. Furthermore, all residents are requested to follow the Palm Beach County recycling procedures by utilizing the special yellow and blue containers.

VIOLATIONS AND FINING POLICY

1) This section deals with the procedures for the operation of the committee which may impose fines under Section 10.2 of the “Amended and Restate Master Declaration of Covenants and Restrictions for Banyan Springs”.

2) The committee which shall be empowered to levy fines shall be known as the “Violations Committee”. The President of the Property Owners’ Association, or his designee, is the only person who may call the Committee into session.

3) The Property Owners’ Association shall call for volunteers to serve on the committee from the unit owners’ of the community. All of the volunteers (except those that are ineligible by reason of the exclusions in Section 10.2: i.e., Officers, Directors or Employees of the Association or their spouse, parent, child or sibling) will be members of the Violations Committee. The five (5) members of the actual committee which decides the penalty for violations shall be chosen by lot from the panel until the full 5 members are chosen and agree to be available and serve in the judgment of a particular matter. The 5 persons who are chosen to serve on the committee shall choose their own chairperson to conduct the meetings.

4) Upon receipt of a written complaint of an alleged violation the P.O.A. President shall determine whether to allow Management to ask the alleged violator to cease the violation or to call the committee into session to deal with the matter.

5) For every violation to be considered a new committee of five (5) members shall be chosen. No member may be chosen more than once in any calendar year unless no other members are available to serve.

6) The committee will set a date for the hearing of the alleged violation and thechairperson of the committee will direct the Property Manager to notify the owner, and/or the offending party, of the hearing of the alleged violation at least 14 days after such notification. The Property Manager and the chairperson will also notify witnesses, if any, to appear at the hearing.

TABLE OF CONTENTS

PREFACE