Rules And Regulationis of the Stillwater Amenities
The Stillwater Amenities are for the use of Members of the Stillwater Home Owners Association (the “Association”) and their guests.
All such Members, and their guests, are permitted the use of the Stillwater Amenities entirely at their own risk, and subject to the following rules and regulations:
The hours for use of the Stillwater Amenities will be posted from time to time and no Member or other person will be permitted on them except during the hours specified.
Current Park Hours: 9:00 a.m. to 10:00 p.m. daily
Members will be permitted to have up to six (6) guests accompany them to use the Stillwater Amenities, or such other number of guests as may be agreed to, or provided for, by the Association, or its representatives. The Member must be present with their guests while using the Stillwater Amenities, unless otherwise permitted by the Association or its representatives. The Association may from time to time revise this guest policy. Members are always responsible for the actions of their family members and their guests or their family members’ guests, including their compliance with these Rules and Regulations. Children under the age of 12 must always be accompanied by an adult. Unaccompanied children will be sent home.
All persons must always conduct themselves in a civil and courteous manner and must not jeopardize or interfere with the rights and privileges of others.
Loud, profane, indecent or abusive language is prohibited.
Harassment or physical abuse of any person by another is prohibited.
No person’s actions shall compromise the safety of another. All persons using the Play Area shall obey all safety rules and shall cease unsafe activity when directed to do so by Association employees.
Proper attire is required for all those using the spray park facility.
No person shall at any time have or take on the Stillwater Private Park Amenity:
- any intoxicating liquor (except in specifically designated areas as determined by the Association), drug (including cannabis), or similar substance;
- any bicycle, scooters or other vehicle (except in designated areas)
- any open fire (except in specifically designated fire pit site).
The association may issue two (2) key fobs per household. In the case of a Tenant Member, a Member may issue one of the two (2) key fobs to a Tenant Member; however, the Member shall remain responsible for the issuance of the key fobs. Key fobs allow Members in good standing and their guests access to the Stillwater Amenities that are secured through a controlled access system. In the event that a Member’s status changes from being a Member in good standing to not in good standing, or such Member is in breach of the rules, their privileges to use the Stillwater Amenities will be suspended and the key fobs associated to that account will be deactivated until their delinquent account is brought into good standing, and such Member is in compliance with the Rules, or the outstanding violation is corrected.
Key fobs are the property of the Association and must be surrendered to the Association, if requested or when a Member ceases to be a Member.
Replacement, damaged or lost key fobs may be replaced at $50.00 per fob, or at such other replacement cost plus an administrative fee, with such amount to be set by the Board from time to time.
Notices, advertisements or posters of any kind shall not be placed or distributed on or in the Stillwater Amenities without the prior written consent of the Association, or its authorized representatives.
Any person who refuses to abide by Association Rules may be asked to leave the Play Area by Association employees. Continuous violations may result in the loss of the Play Area use privileges and/or monetary fines.
The Association, or its authorized representatives, shall be responsible for receiving complaints, investigating those complaints and arranging for the issuance of citations for violations of the Rules and Regulations and take any such further action as may be provided for in the Articles and these Rules and Regulations as may be necessary or appropriate to enforce compliance with the Rules and Regulations including without limitation the imposition of fines.
Parents, guardians or responsible parties of minor children are responsible for their minor children and/or their minor children’s guests who violate these Rules and Regulations.
In addition to any fine or penalty prescribed for herein, a Member who violates these Rules and Regulations shall be subject to any other remedy available to the Association at law or equity.
The Association may establish and assess fines for violation of the Rules and Regulations.
In the event the fine is not paid within the time required by Association, the Association has the right to take legal action.
These Rules and Regulations shall at all times be subject to the provisions of the Association’s Articles of Association, including articles 10, 11 and 12 thereof.
All capitalized terms not otherwise defined in these Rules and Regulations shall have the meanings ascribed to them in the Association’s Articles of Association.
The Association shall have the right, in accordance with the Association’s Articles of Association, to make amendments to these Rules and Regulations (including such other and further reasonable Rules and Regulations) as in its judgment may from time to time be needful for the safety, care, maintenance, replacement, and cleanliness of the Stillwater Amenities, and for preservation of good order therein. A copy of the current Rules and Regulations, with changes, shall be kept by the Association’s secretary, who shall provide a copy thereof to any Member on request.
If any provision of these Rules and Regulations is determined by a court to be unenforceable, then the remaining provisions shall nevertheless remain enforceable to the fullest extent permitted by law.
The Association, Mattamy (Stillwater) Limited, its affiliates and their respective employees, officers and directors (collectively the “Released Persons”) will not be liable for any personal injuries, or any damage, loss or theft of personal property, howsoever caused, that is sustained by any Member of the Association or his or her guests. This provision applies whether the injury, loss, or damage to person or property is caused by any act of negligence or omission of any Released Person, or any other person.
By using the Stillwater Amenities, the Member and each guest voluntarily assumes all risks to themselves, or to personal property arising from use of the Stillwater Amenities, and waive any claims against the Released Persons (or any of them) which may arise as a result of any loss, damage, personal injury, death, or property damage suffered during the use of, in or about the Stillwater Amenities. Each Member is further required to inform any member of his or her family or any guest of the conditions set out above, prior to their use of the Stillwater Amenities.
In the event that any Released Person is liable for gross negligence, such liability is limited to the limits set out in the Association’s policy of insurance at the time the claim arises.
This limitation of liability is obtained by the Association for the Association’s benefit and as agent for the Released Persons.
Pets are not allowed in Stillwater Home Owners Association private amenity park.
Pets must be kept on a leash and under proper control when they are using or attending on, public property.
The pet owner, or party with the pet is responsible for the pet and for picking up after the pet.