Rules and Regulations of the Stillwater Amenities

The Stillwater Amenities are for the use of resident Members of the Stillwater Home Owners Association (the “Association”) and their guests.

SHORT RULES:

• HOA Park and amenities are used at Members’ own risk.

• Children under 12 must be accompanied by an adult at all times on site. Members who allow unaccompanied children to access the Park may have key fob access denied, or other action including deposit, fee or fine applied per the Secure HOA Access Policy.

• No fob = NO ENTRY. Do not let non-fob holders on the site, even as a courtesy. You are responsible for all persons admitted to the site with your key fob. Be safe. ​

• Drugs, alcohol, weapons, smoking and/or vaping are prohibited on the premises at all times.​

• Pets of any type, bicycles and scooters are not allowed on site. Park your bike inside the gates for security. ​​

• Disrespectful and/or abusive behaviour and language towards other members and/or staff will not be tolerated. Members who abuse the amenities or others will be ejected and access privileges suspended.

• Full Site Rules: https://stillwaterhoa.ca/rules-and-regulations/

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FULL RULES

Resident Members whose accounts are in Good Standing, may be granted the privilege of access to the Stillwater Amenities entirely at their own risk, and subject to the following rules and regulations:

HOURS:

The hours for use of the Stillwater Amenities will be determined by the Association from time to time and published by suitable means.

Member or other person shall be permitted on the Association premises except during the hours specified.

GUESTS​

Members shall 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 and policy applicable thereto.

The Member must be present with their guests while using the Stillwater Amenities, unless otherwise permitted by the Association or its representatives.

Members shall at all times be responsible for the actions of themselves 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 denied access.

Member shall be responsible for their minor children and/or their minor children’s guests who violate these Rules and Regulations.

PETS

With the exception of licensed Service Animals, live animal companions and pets of any species are not allowed in or on any  Stillwater Home Owners Association amenity at any time.

CODE OF CONDUCT:

All persons on site must 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 amenities shall obey all safety rules and shall cease unsafe activity when directed to do so by Association personnel.

Proper attire is required for all those using the water spray park facility. Incontinent persons and infants must wear a pool diaper.

PROHIBITIONS

No person shall at any time have or take on the Stillwater HOA Amenities:

• any intoxicating liquor or substance (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 pet or animal, except for licensed, permitted service animals as recognized by law
• any open fire, fireworks, flame or incendiary device.
• any weapon, firearm, projectile, or replica therof, including any gas, vapour or canister for which possession is prohibited or restricted by Municipal or other regulations or laws.
• any flammable fuel (i.e. charcoal, wood, gas, sterno, gel) or means by which same may be ignited, except with prior permission of the Association and/or its representative

KEY FOBS​

Key fobs allow resident Members in good standing and their guests the privilege of access to the Stillwater Amenities that are secured through a controlled access system.

The association may issue two (2) key fobs per household.

On request, the Association may issue one key fob to a Tenant Member, with the permission of the Member in writing, and conpliance with any Access or other Policy that may apply.

A Landlord Member who grants permission for their tenant to obtain key fob access shall remain responsible for the actions of the Tenant and any damage caused.

In the event that a Member’s status changes from being a Member in good standing to not good standing, or a Member is in breach of the rules or policies, their access privileges to the Stillwater Amenities shall be suspended and the key fobs associated to that account deactivated until the account is brought into good standing, in compliance with the Rules, or the outstanding violation is corrected and any fees or charges assessed to the Member paid in full.

Key fobs are and remain the property of the Association and must be surrendered to the Association, if requested or when a Member ceases to be a Member.

Replacement, unreturned, damaged or lost key fobs may be invoiced to the Member in an amount determined by the Association from time to time.

NOTICES AND ADVERTISEMENTS

Notices, advertisements or posters of any kind shall not be placed or distributed on or in the Stillwater amenities without the prior consent of the Association.

Notices to the Membership at large shall be published by the Association on the website and/or by any other means required or thought necssary in the circumstances.

COMPLIANCE

Any person who refuses or fails to abide by Association Rules may be ejected from the area by the Association representatives. Continuous or repeated violation of these Rules may result in the loss of access privileges, use and key fobs access privileges and/or monetary fines, fees or charges to the Member account; in addition to any remedy available at law.

ENFORCEMENT & REMEDIES

The Association, or its authorized representatives, shall be responsible for receiving complaints, investigating complaints and issuing warnings, citations or fines for violations of the Rules and Regulations.

The Association may take any such further action as may be provided for in the Articles, Rules & Regulations and Policies as may be considered necessary or appropriate to enforce compliance with same; including, without limitation, the imposition of fines, fees, surcharges or deposits.

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.

IMPOSITION OF FINE OR PENALTY

The Association may establish, levy and bill a Member for fines, fees, surcharges or other remedies for violation of the Rules and Regulations.

FAILURE OF MEMBER TO PAY FINE:

In the event that a fine, fee, surcharge or other amount levied by the Association remains unpaid by the due date, the Association shall have the right to take further action, including legal or collections action in the same fashion as enforcement of unpaid fees under the encumbrance registered on the title to the Member’s property.

ARTICLES

These Rules and Regulations shall at all times be subject to the provisions of the Association’s Articles of Association.

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.

AMENDMENTS

The Association shall have the right 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 needed for the safety, care, maintenance, and administration of the Association and 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, published on the Association website and provided to any Member on request.

GENERAL

If any provision of these Rules and Regulations should be determined by a court to be unenforceable, then the remaining provisions shall nevertheless remain enforceable to the fullest extent permitted by law.

LIMITATION OF LIABILITY

The Association, Mattamy (Stillwater) Limited, its affiliates and their respective employees, officers and directors (collectively the “Released Persons”) shall not be liable for any personal injuries, or any damage, loss or theft of personal property, howsoever caused, sustained by any Member of the Association or his or her guests.

This provision shall apply 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 shall be 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.