Shelter Bay Rules and Regulations

Part I — General

(Complete Revision 10/15/08 – Resolution 08-18)

I.         MEMBER’S RESPONSIBILITIES AND DENIAL OF PRIVILEGES
Shelter Bay members are responsible to insure that family, tenants, agents and guests comply with the Protective Covenants and the Community General Rules and Regulations.

1.1      Shelter Bay members who are responsible for damage to Shelter Bay community property are liable for costs of repair or replacement.

1.2      Shelter Bay members are responsible for maintenance of their lots: mowing, clearing of overgrown brush and dead trees, drainage and ditching. Any lot that the committee responsible deems neglected and in need of mowing will be mowed by the community and the member will be billed the customary charge.

1.3      No member is considered a "member in good standing" if any dues, assessments or other charges remain due and payable to the Shelter Bay Community or Shelter Bay Company in excess of 60 days.

1.4      Members applying for permits from Community Committees must be members in good standing.

1.5      Member’s responsibilities:

  1. If a member rents his/her property, it is the member’s, or his/her designee’s, responsibility to sign a contract to be on file in the office, detailing the name(s), address, phone number(s) and duration of any renter(s) occupancy of the member’s premise, including an acknowledgement that any fees, charges, etc. as defined in this procedure, continue to be the responsibility of the member.
  2. It shall be the responsibility of every member to file with the community office, in a manner prescribed by the office, the mailing address where that member will receive notices, bills or other correspondence regarding their property. Members are also responsible for ensuring the community office has their latest contact information, including email address(es) and phone number(s). No member shall be excused from paying fees, charges, assessments, fines, penalties or interest thereon for the reason that they did not receive a notice, bill or any other correspondence due to an improper mailing of said notice, bills or other correspondence, as a result of that member’s failure to provide a current mailing address.

1.6      Denial of privileges: Members, having delinquencies, who are not in good standing, may be denied voting and all other community privileges according to the provisions of the By-Laws, Article II, Section 4. “Privileges” include, but are not limited to, the purchase of recreation tags, leasing space in the RV storage lot, use of the clubhouse and other rental facilities, and moorage in the Shelter Bay Marina. Such denial of privileges shall also be extended to renters/tenants of a member/landlord who is not in good standing. Privileges will be reinstated once all accounts are brought current.

1.7      Appeal of delinquent charges: Subject to the appeal provisions outlined in the By-Laws, the member against whom delinquent charges are levied, may appeal the imposition or amounts thereof. The filing of an appeal suspends the denial of privileges if an appeal is filed within 60 days of the annual meeting; otherwise, a member may pay the account in full, "under protest", in order to ensure that voting rights are not affected.

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II.       GENERAL ACTIVITIES

2.1      The discharge of firearms is prohibited.

2.2      Littering is prohibited.

2.3      Fireworks and firecrackers are prohibited.

2.4      All outdoor burning of any kind, including the use of weed burning equipment, is prohibited within the survey of Shelter Bay. Gas or charcoal barbecuing at home or at community barbecue facilities is not considered outdoor burning.

2.5      Solicitation of Shelter Bay residents is prohibited except by:

  1. Mail or invited contact. This applies to commercial solicitation but not to legal collection of debts.
  2. Resident school children who are soliciting funding for school projects. All school children must register with the Shelter Bay Community office prior to soliciting and must show identification issued by the Office indicating the child’s name, school, solicitation project, and providing an expiration date. Solicitations will be limited to groups of 2-3 children at any one residence at one time.

2.6      Use of the Shelter Bay Community mailing list may be authorized by the Board of Directors.

2.7      Dogs off members’ or tenants’ premises are to be leashed at all times. Loose animals may be impounded. Dog owners are responsible for cleaning up feces left by their dog(s). No single household may have more than 3 dogs without the written permission of the Committee responsible.

2.8      Shelter Bay members who rent or lease their homes or docks shall obtain and complete a rental agreement form from the community office.

2.9      During times of snowfall, skiing or sledding on the main streets of Shelter Bay is forbidden for safety reasons. The golf course greens are off limits during freezing weather as the grass can be severely damaged when frozen.

2.10    Individual garage sales require a manager, or designee, issued permit. Each household will be allowed to hold two (2) garage sales per year and such sales may only be held on Saturdays and Sundays. Community-wide garage sales may be held with the approval of the Board.

2.11    Consistent with the Declaration of Protective Covenants, Article 4, Section 9, community facility users shall conduct themselves in an orderly manner so that community members are not disturbed in their residences. Use of sound-emitting electronic equipment including electrical speakers, radio, phonographs, television, or other such equipment shall be at a reasonable volume that is not audible beyond the vicinity of the facility area, so as not to disturb community members in their residences.

2.12    The Board of Directors will approve, maintain, and post a current Schedule of Fees for applicable permits, rents, leases, and other fees and deposits necessary for the conduct of business with the community.

2.13    For purposes of all mail or other delivery to Shelter Bay Community, Inc. its board, committees or staff, in their official capacity, the official address to which all such mail or delivery is to be addressed is: 1000 Shoshone Drive, La Conner, WA 98257.

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III.     HARBOR AND PRIVATE DOCKS.

3.1     Owners or vessels moored at private docks will provide the Office with emergency contact information and prominently display a contact card on the vessel containing the vessel owner's name, address and contact phone nunbers.

3.2     When a private dock owner rents his dock, the owner shall provide the Shelter Bay office with a copy of a “Tenant Information” form (available at the office) for renters. Dock renters shall follow all other rules and regulations and covenants of the community.

3.3      Vessels shall be moored so that they do not protrude more than a maximum of 10% of the dock’s overall length beyond their dock into the navigable fairway. Vessel length shall be measured at the centerline and will include the outermost point, including any anchor roller or bowsprit at the bow and any swim platform, dinghy, or davit system at the stern. In certain cases, an extension beyond this requirement may be granted by the Harbor Committee.

3.4     Vessels in harbor waters shall operate at dead slow speeds. Usual rights-of-way for vessels under sail do not apply in harbor waters..

3.5     Liveaboards are not permitted except during the construction of a member’s home or with the permission from the Community Manager. Non-residents and renters are not permitted to use their boats as a primary residence.

3.6      Refueling of vessels by hoses from any on-shore or dock side source is prohibited.

3.7     Aquaculture is prohibited in harbor waters.

3.8     No commercial operation shall be based at any private dock or boat in Shelter Bay waters.

3.9      Swimming in the marina and harbor areas is prohibited.

3.10     Dumping of garbage, trash and debris (including demolition materials, electronics, appliances, and household items) in the Marina dumpsters is prohibited. Marina dumpsters are provided for the exclusive use of Marina tenants for vessel generated trash only. Violators are subject to fine.

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IV.     CLUBHOUSE

4.1       Shelter Bay members in good standing, or their properly registered tenants, may rent the clubhouse for: their own use, private parties they are hosting; a club, group or organization of which they are members and will be in attendance.

4.2       Priority for use of the Clubhouse shall be as follows:
1) Board of Directors, Committees, Manager, and Staff
2) Shelter Bay Committee events
3) Other activities authorized by the Social and Recreation Committee
4) Club, Group, or Organization with no less than 60% Shelter Bay members
5) Private functions
The Community Office may change schedules with the mutual agreement of the parties involved.

4.3       For personal, club, group, or organization event, a "Clubhouse Rental Agreement" form with the member or tenant signature shall be completed. For recurring Community group functions, one Agreement per year will be required with an additional Agreement required for special events. The usage fee will be waived for Community groups. The refundable security deposit is still required, per the Board approved Fee Schedule.

  Type of Event Usage Fee Security Deposit Event Sponsor Approval/Authorization Required
Personal Yes Yes Member Manager or Designee
Club/Group/Organization Waived? Yes Member Social & Rec. Comm.

4.4       All facilities are used at “own risk” and Shelter Bay Community, Inc. shall not be liable for any injuries incurred by members, family or guests. The Community shall be reimbursed for all costs of cleaning and repair of property damage. Rental or use of the Clubhouse does not include exclusive use of the swimming pools, tennis courts, golf course, playground, BBQ areas and other recreational facilities.

4.5       Groups or organizations intending to use the Clubhouse for commercial purposes are not allowed. However, the Social and Recreation Committee may authorize classes, fund raising, and non-partisan political events considered of value to the membership, at their discretion.

4.6       Rental fees and security deposits will be in accordance with the Schedule of Fees as approved by the Board of Directors. Security deposits are refundable upon approval of the Manager.

4.7       Any violations of the Clubhouse Policy and Rules will result in loss of the security deposit and possible levy of fines.

4.8       Tables and chairs are to remain in the Clubhouse and are not to be used outdoors. The loan of tables and chairs outside of Shelter Bay is prohibited.

4.9       Maximum occupancy is 150.

4.10      Limited directional signage for the event will be allowed 48 hours prior to the event and must be removed within 24 hours after the event. No signs of the event shall be attached to street sign posts, fencing and fence posts, utility poles, the Shelter Bay sign posts or in the planter box at Pioneer Parkway and Shelter Bay Drive intersection and on any other type of community sign/post.

4.11      Exceptions to Paragraphs 4.5, 4.6, or 4.8 may be approved by the Social and Recreation Committee or the Manager on a case-by-case basis.

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V.        PARKS AND BARBEQUE AREAS

5.1      Shelter Bay members may reserve the fire pit at Martha’s Beach and the BBQ areas at Rainbow Park and the marina for their own use, private parties that they are hosting, or for a group or association of which they are members and will be in attendance. Groups or organizations intending to use the parks and barbeque areas for political, commercial, or fund raising purposes are not allowed.

5.2      Persons who are renters of record of residential property in Shelter Bay shall be accorded the same privileges as Regular and Associate Members with regard to this section.

5.3      In all cases of exclusive use a "Rental or Facility Use Agreement" form shall be completed. A copy will be issued to the applicant, which must be displayed during the scheduled use of the facility. Terms and conditions include: all facilities are used at "own risk" and Shelter Bay Community, Inc. shall not be liable for any injuries or adverse actions by member, family or guests. The Community shall be reimbursed for all costs incurred in cleaning and/or repair of property.

5.4      No signs, balloons, or announcements of the event shall be attached to street sign posts, fencing and fence posts, utility poles, the Shelter Bay Drive sign posts or in the planter box at Pioneer Parkway and Shelter Bay Drive intersection and on any other type of community sign/post. A directional sign may be placed at each successive street change off Shelter Bay Drive during the time of event.

5.5      Martha’s Beach will be opened at 8:00 a.m. and closed to motorized vehicles at 7:00 p.m. from October 1st to March 31st and 9:45 p.m from April 1st to September 30th. Overnight use of the beach property is prohibited.

5.6      Only fires in the firepit at Martha's Beach and the permanent BBQ facility at Rainbow Park are allowed. (No open fires are allowed during burn bans. Use of charcoal briquettes and/or propane in barbecues is allowed during a burn ban.). Fires must be attended at all times and extinguished before leaving. Gas or charcoal barbecuing at home or the community barbecue facilities is not considered as outdoor burning.

5.7      Removal of driftwood from Martha's Beach is prohibited except as authorized by the manager.

5.8      Trash from the use of the above facilities shall be placed in provided receptacles only.

5.9      Dogs shall not be allowed to run loose, but shall be leashed or confined except as herein provided. Dogs may be allowed off-leash on Martha’s Beach so long as the owner maintains complete control and picks-up after them. If requested by a community member, the owner must put dogs back on leash.

5.10    Operation of vehicles and motorcycles on Martha’s Beach, other than transportation to and from, is prohibited.

5.11    Shelter Bay Community, Inc. is not responsible for any lost items.

5.12    Use of a generator is prohibited, unless its use is approved in advance by the manager.

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VI.     RECREATIONAL FACILITIES

6.1        Recreation Tags:
  1. Valid recreation tags must be worn and visibly displayed at all times by persons using any outdoor recreational facility within Shelter Bay.
  2. Recreation tags are available, beginning May 1st of each year, at the business office.
  3. Shelter Bay members, renters and non-resident marina tenants may purchase recreation tags which are valid for one year beginning May 1 and ending April 30 of the next year.
  4. Members in good standing and renters with a current account balance may purchase recreation tags.
  5. Non-resident marina tenants with a long term slip lease and a current account balance may purchase recreation tags.
  6. Recreation tag fees are established by the Fees and Fines Schedule.

6.2      Pool Regulations:

  1. Swimmers will shower before entering pool.
  2. No one with skin infection or bandages will be allowed in the pool.
  3. Children not potty-trained must wear clean diapers, plastic or rubber pants plus bathing suit when in the pool.
  4. "Cutoffs" or frayed swimsuits are not allowed in the pool.
  5. No food, drinks, smoking or gum chewing are allowed in the pool enclosures or in bathrooms or dressing rooms.
  6. Running or rough play is not allowed.
  7. Flotation equipment is not allowed.
  8. Shelter Bay staff and/or pool attendant have the authority to eject person(s) not obeying the pool regulations.

6.3      Pool Usage:

  1. Lower Pool:
    1. For resident and guest swimmers.
    2. The hours of pool operation will be posted at the Office and on the Website and may include both open and adult only (21 and over) swim times, as determined by the Community Manager.
    3. A pool attendant must be present during open swim times.
    4. All non-swimmers and children under 10 years of age must be accompanied by an adult.
  2. Upper Pool: For resident and guest adult swimmers (21 and over).

6.4      Golf Course Regulations:

  1. Only golfers are allowed on golf course.
  2. Children under 10 years of age must be accompanied by an adult.

6.5      Tennis Court Regulations:

  1. Only tennis players are allowed on the tennis courts.
  2. Players must wear tennis shoes that will not leave scuffmarks.
  3. Lower courts are reserved for adult doubles play each morning until noon.
  4. One hour time limit is imposed if other players are waiting.
  5. Players must ensure courts are securely locked on leaving the premises.
  6. Children under 10 years of age must be accompanied by an adult.

6.6      Pets, skateboards, roller skates, bicycles, Frisbees or similar equipment are not allowed on the golf course, tennis courts or in the swimming pool areas. Skateboards are not allowed to be used around the Clubhouse and on the adjacent parking areas; however, skateboards may be used in other areas designated for the purpose by the manager.

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VII.    STORAGE LOT

7.1      No space in the storage lot will be occupied unless and until a lease or sublease for that space has been executed between the Community Manager, or designee, and a member in good standing or a renter of a member in good standing who has properly completed and filed a Tenant Information Form.

7.2      Members or renters wishing to lease space in the storage lot will contact the office to determine availability. If there are no spaces available, the applicant will be placed on a waiting list. Spaces will be assigned in order by date. Shelter Bay members will have precedence over renters.

7.3      Vehicles or property parked or stored in the storage lot will be the property of the lessee.

7.4      The lessee of a space in the storage lot shall comply with all provisions of the Storage Lot Lease Agreement. The Community Manager will regularly monitor the condition of the Storage Lot. If items in the storage lot need to be brought into compliance or the condition of the space needs maintenance or repair, the lessee will be notified of the problem and requested to take corrective action by a specific date.

7.5      Failure of the lessee to comply with the Lease Agreement may result in the levying of a fine or termination of Lease Agreement and the property ordered removed from the spce at the lessee's expense.

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VIII.   USE OF ROADS AND VEHICLES

8.1      The motor vehicle laws of the State of Washington shall apply as rules and regulations with respect to roads within Shelter Bay, therefore, all motorized vehicles and bicycles will comply with said laws.

8.2      County weight limits and other restrictions apply to all Shelter Bay roads unless designated otherwise by the Board of Directors.

8.3      Unless otherwise posted, maximum vehicular speed limits within the boundaries of Shelter Bay Community shall be 25 miles per hour, except those emergency vehicles as defined and authorized under RCW Chapter 36.37 and Chapter 46.61 shall be exempt from this provision.

8.4      Member vehicles are to be parked on their lot, either in a garage or on the driveway. No prolonged or overnight parking on Community lands is permitted within Shelter Bay. This includes roads, road rights-of-way, shoulders, walking paths, and greenbelt areas. Members with vehicles found so parked will be subject to fine. If it is determined that a vehicle parked in these areas is an impediment to traffic or a hazard to safety, the vehicle will be towed away at owner’s expense.

8.5      Driving of any motorized vehicle on any Shelter Bay area other than roads and designated parking areas is prohibited. This includes sidewalks and walking paths.

8.6      With the exception of Community vehicles, no prolonged or overnight parking in the Shelter Bay Clubhouse, Office or Annex parking lots will be allowed without a valid permit approved by the Manager. Overnight parking, up to three days maximum, is allowed for boat trailers only in the parking lot near the boat launch. Regarding parking of contractor vehicles and equipment, see Article X, Section 10.18.

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IX.      ENTRANCE GATE AND NEIGHBORHOOD WATCH.

9.1      Entrance to Shelter Bay is controlled by an entrance gate, the hours of which are established by the Board of Directors.

9.2      Gate cards may be obtained at the Shelter Bay office. The policy and fee is established by the Board of Directors. Residents must follow the Board approved protocol for access through the front gate.

9.3      Public inspection and safety officials, law enforcement officers, fire and medical emergency crews and public utility crews needing access to Shelter Bay will be provided gate cards or other authorized means of access to the Community.

9.4      Residents of Shelter Bay are encouraged to organize a neighborhood watch program in their neighborhood. The Community Office will provide the name of the employee emergency response team member who will provide the necessary information.

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X.        CONSTRUCTION

10.1    Application for a permit is required for new construction, any exterior painting, reroofing, remodeling, installation or alteration of accessory structures (decks,tents, sheds, etc), construction of piers and floats, construction of fences, and paving and driveways. Failure to obtain an approved permit prior to beginning work shall result in a stop work order and a recommendation for the levy of a fine per the schedule of fines.

10.2    Construction must start within 90 days of permit approval or review and re-approval by the Building Committee is required.

10.3    Extensions of completion date are not granted automatically. If it appears that the one-year completion date cannot be met, approval of the Building Committee must be sought.

10.4    One temporary toilet facility must be placed at a building site and it must be removed when the house toilet facilities are operable.

10.5    Building site must be cleaned up weekly. Construction debris shall not be buried on site or deposited in marina dumpsters.

10.6    Burning of trash on the job site is prohibited.

10.7    Temporary piling of dirt from excavation or rough grading will be done in a manner to avoid damage to trees and natural growth. Care must be exercised to avoid damage to adjacent properties including greenbelts.

10.8    Proper drainage and culverts must be installed and maintained as to not impede the natural drainage ditches and their flow.

10.9    The owner is responsible for drainage into community ditches and roadways. Ditches are to be protected from siltation into the community system. A silt fence or straw bales shall be used to trap silt that runs off the construction site.

10.10   Concrete may not be dumped into ditches, roads, neighboring lots, or green belts.

10.11   Construction hours are limited to 7:30 a.m. to 6:00 p.m. No operation of machinery is permitted on Saturday or Sunday without the approval of the manager.

10.12   During construction hours, the builder shall not permit loud radios. Pets brought to a building site must be leashed or confined.

10.13   No portion of a fuel tank, heat pump and/or propane tank will be installed closer than fifteen (15) feet from any street and ten (10) feet from property lines, and each will be properly screened.

10.14   If necessary to insure compliance with the Covenants and Rules and Regulations, the Building Committee upon a majority vote may authorize a stop work order to be delivered to the builder at the site with a copy mailed to the lot owner. Work may recommence with the authorization of the Building Committee.

10.15   The owner is responsible for obtaining, in a timely manner, the required inspections as specified by the Building Committee.

10.16   The Completion/Damage deposit will be returned after final inspection and approval by the Building Committee.

10.17   Wood roofing of any sort, including wood shingles and wood shakes, is prohibited in new construction. If 50% or more of the roof covering of any building is repaired or replaced, then the entire roof covering must comply with the requirement for new structures. Roofing materials for new structures shall be concrete or cement tiles, metal, clay tile, or composition (fiberglass/asphalt) shingles which comply with fire resistive requirements of Underwriters Laboratories (UL) 790 or American Society for Testing and Materials (ASTM) E-108, and shall be installed so the entire roof assembly meets the requirements for a Class A fire rated roof system, as rated by the UL and the National Fire Protection Association (NFPA). Any roofing system installed shall continue to meet the Class A fire resistive requirement for the expected service life of the system.

10.18   Contractor vehicles and equipment shall be parked on or immediately adjacent to the lot under development, and shall not block traffic. No prolonged or overnight parking of contractor vehicles or equipment will be allowed in areas other than the development site without express authorization of the Manager.

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XI.     SIGNS

11.1    Except as provided for in this section, no sign of any kind may be displayed to public view on any tract, parcel, or community property without written approval of the committee responsible.

11.2    Members may erect a sign not to exceed two (2) square feet in area to identify their place of residence.

11.3    No resident or their agents may post or erect signs of any kind within the boundary of the Shelter Bay entrance from the Entrance Gate to Pioneer Park Way.

11.4    Signs shall be removed if found in violation of the Protective Covenants or the General Rules & Regulations.

11.5   Residential "For Sale" signs: No more than two per lot, each not to exceed 2' x 2' attached to the structure or on a post not over 4' high, and located in such a manner as to not obstruct the view of the roadway. The signs may have attachments for the name and phone number of the real estate agent and one informational box. No other appendages or information can be attached by the owner or the real estate company.

11.6    "Open House" signs: One standard size realtor sandwich board may be displayed within the property boundary from 12:00 noon to 6:00 p.m. A standard sandwich board directional sign may be placed at each successive street change off Shelter Bay Drive during the time of the open house. Open house signs are not permitted within the boundary of the Shelter Bay entrance from the Gate to Pioneer Park Way.

11.7    Vacant Lot "For Sale" Signs: No more than two signs which conform to the size and placement for residential "For Sale" signs.

11.8    Contractor's signs: One sign, not to exceed 2' x 2' attached to the structure, or on a post located in such a manner as to not obstruct the view of the roadway. It must be removed upon completion of construction or at the time the deposit is returned to the lot owner.

11.9    "Garage Sale" signs: No signs will be approved until the manager has issued the Garage Sale permit or authorization has been given for a community-wide garage sale. Signs shall be consistent with Section 11.15 below.

11.10   Temporary directional signs for open houses or garage sales may be placed at each successive street change off of Shelter Bay Drive and at the function location.

11.11   House identification signs: Each resident is required to purchase and post a standard house number sign. The sign shall be white with blue numbers and of a standardized form as provided by a specification available at the office. The house identification sign must be visible from the street.

11.12   Decorative or informational signs: A decorative or information sign will be permitted upon recommendation by the Board of Directors and/or the Lot Committee.

11.13   Members may display one small "For Sale" sign in one privately owned automobile parked in their driveway. Brokerage or private "For Sale" signs are permitted on vessels moored in the harbor or marina.

11.14   Political signs may be displayed for candidates running for political office and/or ballot issues in any election in which all members of the community can be eligible to vote. Political signs shall be limited to one sign per candidate and per issue, shall be placed within the boundaries of the lot, shall not exceed 2' by 2' in size, and shall be attached to the structure or on a post not over 4' high. If attached to a post, the sign shall be located within the boundaries of the lot and located in such a manner as to not obstruct the view of the roadway. Political signs may not be posted in a greenbelt area. Political signs may be posted up to four weeks prior to the election, and must be removed within 48-hours after the election.

11.15   Except as otherwise provided, all signs posted in Shelter Bay shall:

  1. Be no larger than 12" x 14" and firmly affixed to a stake or post not over 3’ in height
  2. Not be attached to street sign posts, fencing or fence posts, utility poles or posted within the boundary of the Shelter Bay entrance from the Community Patrol gate to Pioneer Parkway, nor on any other type of community signpost.
  3. Not placed on any private lot without the owner's permission.
  4. Be removed immediately after the function.
  5. Be removed if not in accordance with the above items or found in violation of the General Rules & Regulations or Protective Covenants. Permit violations are subject to review by the Rules Committee and possible sanctions.

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XII. EXTERIOR LIGHTING
High intensity lighting which illuminates large areas outside of the residence is not permitted in Shelter Bay. Lighting shall be limited to building entrances and approaches, perimeters, walks and pathways, with low light levels. Motion activated lighting is approved for use.

12.1    Light fixtures shall utilize diffusers, deflectors, or an arrangement that diffuses light visible to neighbors or passers-by.

12.2    Light fixtures shall be located or arranged to light only those surfaces intended.

12.3    No light fixtures shall be located so as to directly illuminate adjoining property.

12.4    Outdoor ground lighting shall be limited to low profile fixtures, at or near ground level, providing low light levels. Accent lighting, if used, shall be arranged so that light is not directed toward neighboring properties.

12.5    Light fixtures providing pier, ramp and dock lighting shall utilize a louvered design to provide a low level of diffused light to illuminate nearby surfaces.

12.6    Light fixtures found to be non-compliant shall be replaced or corrected to meet the requirements of this section.

12.7    These requirements apply to both new and replacement lighting.

XIII. UTILITY SERVICE

13.1    Shelter Bay Community, Inc. is the purveyor of water within the community. Members connecting to the water distribution system agree, as a condition of accepting and continuing water service, to comply with all provisions of the Agreement for Water Service (which by reference is a part of this section). Connections to the water distribution system provide for specific member agreement to:

  1. Install and maintain at all times their plumbing system in compliance with the most current edition of the Plumbing Code and Washington State Administrative Code (WAC) as it pertains to the prevention of potable water system contamination, prevention of pressure surges, and thermal expansion in the water piping.
  2. Within 30 days of the Community’s request, install, test, maintain, and/or repair a reduced pressure backflow assembly downstream of the meter in accordance with the Cross Connection Control program.
  3. Not to make a claim against the Community or its agents or employees for damages and/or loss of service in case of water pressure variations, or the disruption of the water supply for water system repair, routine maintenance, power outages, and other conditions normally expected in the operation of a water system.
  4. Pay their water billing within thirty (30) days from the date of billing.

13.2    Failure to comply with the terms of service may result in termination of water service.

XIV.      EDUCATION AND COMPLIANCE
Shelter Bay members are responsible for ensuring that family, tenants, agents, and guests comply with the Protective Covenants and Rules and Regulations. Violations will result in a fine or fines as provided by the Schedule of Fines and loss of standing within the Community. Fines may be levied by the Rules Committee, the Manager, or the Compliance Officer.
The procedure for handling member non-compliance shall be:

  1. Contact the member, or registered tenant, to relay information regarding the non-compliance issue.
  2. Follow-up contact with written communication providing instructions for remedying the infraction and, if appropriate, setting a date for full compliance.
  3. If member is found to be in violation and does not remedy the issue, the Manager or Compliance Officer may issue a citation and fine; or the committee responsible may request the levy of a fine by the Rules Committee
  4. If the member is non-responsive or if the violation is severe or egregious in nature, the Manager or Compliance Officer may instantly issue a citation and fine.

XV.      SCHEDULE OF FINES

15.1    Fines may be levied in combination when necessary due to multiple offenses or violations, i.e. cutting 6 trees in a greenbelt would be 6 offenses or a repeatedly barking dog would be multiple offenses. Any and all such combination of fines shall run concurrently. Fines levied must be paid within seven (7) days of receipt of the fine notification. If not paid by the seventh day, the fine will increase that day and each seven days thereafter, by the amount of the original fine, until the total accumulated fine is paid, and it is determined that the violation has been satisfied. Fines levied are appealable to the Rules Committee within 30 days of notification. If such an appeal is filed and the violation continues and/or the fine remains unpaid, the fine will continue to increase every 7 days until the appeal hearing is held and the Rules Committee makes its determination. If at the time an appeal is filed, the fine is “paid under protest” the fine will cease to accumulate from the date it is paid to the date of the hearing. The Board of Directors is the only authority that can mitigate or determine compromises on a fine. Failure to pay a fine within sixty (60) days may result in a lien upon the property.

Shelter Bay Community, Inc.
Fine Schedule


Violations
 Protective Covenants
1st Offense Each Subsequent
Offense
Additional Qualifications
Construction without a Permit $100 to $1,000 $400 to $1,000 Fine is ‘up to’ depending on severity
Construction on Community Lands $1,000 $1,500 Plus cost of removal
Failure to Maintain Trees, Shrubs or Hedges $100 $200
Unauthorized Cutting of Trees on Lots $200 $400 Tree 6"+ diameter @ dbh*/4" in SSA**
Unauthorized Cutting of Trees on Community Lands $1,000 $1,500 Fine is ‘up to’ depending on severity
Unauthorized Clearing of Community Lands $500 $1,000 Fine is ‘up to’ depending on severity
Unauthorized Dumping on Community Lands $100 $200 Plus cost of removal
Unkempt Lots, Nuisance, or Refuse Violation $100 $200
Use of Firearms or Explosives $200 $400
Pets – Barking – Loose – Failure to Clean-Up After $200 $400 Per incident per animal
Outdoor Fires $100 $200
 Rules and Regulations
Damage to or Unauthorized Use of Community Lands or Facilities $500 $1,000 Plus cost of remediation
Failure to File Tenant Information Form $100 $200
Failure to Comply with a Stop Work Order $1,000 $2,000
Exterior Lighting Regulations $100 $200
Construction Regulations $200 $400
Littering $100 $200
Solicitation $100 $200
Noise Regulations $100 $200
Sign Regulations $100 $200
Storage Lot Regulations $100 $200
Harbor and Private Dock Regulations $200 $300
Parking on Community Lands $100 $200
Utility Service Regulations $100 $200

  *  dbh is defined as 'diameter at breast height' and is measured on the tree at 5' above ground level.

**  SSA. A definition for SSA (Shoreline and Sensitive Areas) is provided in the Lot Committee Guidelines.Any unauthorized cutting in an SSA may result in the need to pay mitigation fees to the Swinomish Tribe in addition to the fines indicated above.

 

SEE SHELTER BAY COVENANTS FOR FURTHER INFORMATION.


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