Rules
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HILLSMERE POOL ASSOCIATION, INC.
Operating Rules and Regulations
{Updated May 25, 2009}
The following rules and regulations are
for the protection and benefit of all pool members and their guests. They are
designed to assure safe and sanitary operation of the pool consistent with
maximum enjoyment. The Board of Directors requests full cooperation from the
membership in observing these regulations and ask that members ensure that
their children and guests understand the same. Deliberate failure to comply
with these rules shall be considered sufficient cause for disciplinary actions
and/or suspension of pool privileges.
I.
GENERAL RULES
A. The pool operator or assistant pool
operator, one of whom shall be on duty at all times, shall have final and
conclusive authority to enforce these rules. In addition, they are authorized
to restrict any action on the part of pool users which, in their judgment, may
be prejudicial to the health and safety of others, or destructive to pool
property. For disciplinary purposes, the pool operators and lifeguards shall
have the authority to request a pool user to sit out of the water for a
specific amount of time based on an infraction of the rules. If misconduct
persists, the pool operators then have the immediate right to suspend the use
of the pool premises. The first suspension will be for the remainder of the
day. The second suspension will be for three days. The third suspension during
the season will be at least until the member, or the member's parents if he of
she is under 18 years of age, has discussed the situation with the pool board
at its next regularly scheduled meeting. The board's options range from ending
the suspension immediately to continuing the suspension until the end of the
season. This procedure does not preclude the board from more drastic action,
such as immediately suspending the member's pool privileges for the rest of the
season if the first or second suspension so warrant. If a guest is asked to
leave the pool for any reason, he or she may not return for the remainder of
the season unless the pool board grants an exception.
B. No member has the authority to
direct the pool operator, assistant operator, lifeguard, or any other employee
concerning the operation of the pool facilities. This is the function of the
President of the Corporation or his appointed designee. Suggestions for changes
and improvements in these rules and regulations, or the operation of the pool,
are invited. Such suggestion should be in the form of a written communication
to the Board of Directors.
C. Use of the pool is limited to those hours when it is
properly protected and controlled. All persons using the pool and premises do
so at their own risk. The Hillsmere Pool Association, Inc., is not, and will
not be responsible for any accident, injury, loss, damage, or theft.
D. The cost of any
damage to the property of the Corporation will be charged to and shall be paid
for by the member responsible for the damage. Damage by a guest shall be charged
to the sponsoring member.
II. POOL OPERATION
A. The pool will be open every day from
the Saturday prior to Memorial Day to Labor Day. The hours will be from 11 a.m.
to 8 p.m. except on Fridays, when the hours are 11 a.m. to 9 p.m. All persons
shall be outside the fence prior to the closing times stated above. Shower
accordingly.
B. Swim team activities and swimming
lessons will normally be scheduled during the mornings prior to the pool
opening.
C. The pool will be closed during
inclement weather at the discretion of the pool operator.
D. The pool may be closed for
maintenance or for other reasons involving health and safety as determined by
the pool operator. Notice of such closing will be posted at the entrance to the
pool and otherwise announced as circumstances permit.
III. POOL ADMISSION
A. Member Classification and Rules
1. Pool users must properly identify
themselves as a member to the gate keeper prior to entering the pool facility.
All pool members have a "HILLSMERE POOL PASS" that has a
number on it corresponding to a name that can be verified by the gate
keeper. Also there are "SUMMER PASSES" or a "COUPON
BOOK" that allow non members admission to the pool. The
pool operator or assistant operator has the authority to require confirming
identification for any person already in the pool enclosure, when there is
doubt as to his or her Identity. All members must be verified at the gate.
2. Guest registration will take place with the gate
keeper at the pool entrance. A paying guest will wear a guest band while in the
pool enclosure and the gate keeper will mark the guest band with the day's
date.
3. Guests 3
years of age and older and guests 74 years of age and under must pay guest
fees. All guest fees must be paid before
entering the pool. Guest fees will be set each year by the board of directors.
For the 2010 season, the guest fees will be $3 for all guests entering the pool
enclosure, regardless of presence of swimming attire.
4. All guests must be accompanied
at all times at the pool by members 10 years of age or older. Members between
the ages of 10 and 17 may have only one guest with them at a time.
5. Hillsmere residents who are not pool members will be
allowed into the pool as guests on Tuesdays only, or on other days for prearranged
birthday parties or special events as designated by the pool board. Hillsmere
residents who are guests must leave the pool at the conclusion of these parties
or special events.
6. All guests are subject to the same rules and
provisions as members. The conduct of a guest is the responsibility of the
sponsoring member.
7. Payment of the yearly dues allows the member and any
permanent resident of the household, as identified on Emergency Contact/Request
and Release form, use of the pool facility. The Corporation has the right to
request additional information to verify that the persons identified on the
Emergency/Request and Release forms, and those persons who are over the age of
22, are, in fact, residents of that household.
B. Guest Classification and Rules
1. Casual guests
a. All guests, excluding residents of Hillsmere, will be
defined as casual guests. At no time will a non-member resident of Hillsmere be
permitted as a guest except as stated in III (A) 5 of these rules.
IV. SPECIAL RESTRICTIONS ON CHILDREN
A. Children under 10 years of age must, at all times, be
accompanied at the pool facility by an adult or other responsible person 16
years of age or older.
B. Only children under 7 years of age may use the wading
pool. If not toilet trained, they must wear proper swim diapers or tight
fitting rubber pants. Children using the wading pool must be supervised by a
parent or other responsible adult 16 years of age or older. Children under 3 years of age and not toilet
trained are not allowed in any part of the main pool.
C. No swim diapers, or diapers of any
kind, are allowed in the main pool.
D. Any child under 16 years of age who has not passed the
basic swimming test will be restricted to the training area of the pool unless
accompanied in the water by an adult 16 years of age or older. Guests who are
infrequent users of the pool may be exempted from the swimming test if they are
over 16 years of age; however, they will not be permitted in the diving area of
the pool under any circumstances.
1. The swimming test consists of:
a. Swimming the length of the pool and
b. Treading water continuously for 2
minutes.
2. The life guard conducting the swimming test will note
on the emergency form when the child has passed the test.
D. Children over 10 years of age may swim alone provided
they:
1. Pass the basic swimming test; and
2. Have a permission form on file from their parents that
they may come to the pool alone and
3. Obey all of the pool rules.
E. The pool operator or assistant pool operator shall
clear the pool, and/or certain lanes in the pool, of all children under the age
of 16 for 15 minutes each hour to permit adult or lap swimming.
V. POOL HEALTH AND SAFETY
These items
are not allowed inside the pool fence:
Lacrosse Balls Lacrosse
sticks
Soccer Balls Basketballs
Volleyballs Water Polo
Balls
Footballs Tennis Balls
Golf Balls Baseballs
Bicycles Scooters
Skate Boards Wheelie
Shoes
Squirt Guns Water
Balloons
Balls made of
fabric or sponge are allowed
A. Smoking
within the pool enclosure is not permitted.
B. All bathers must shower before entering the pool.
D. No glass containers of any kind, including baby
bottles, are allowed in the pool enclosure.
E. No running, pushing, wrestling,
ball playing or causing any undue disturbance in or about the pool enclosure
will be tolerated. There will be no dunking or water fights in the pool.
F. No chewing gum in the pool enclosure.
G. No bobby pins or hair clips may be worn in the pool.
H. No pets are allowed at the pool.
I. Admission to the pool enclosure will be refused to
anyone wearing bandages or with skin abrasions, colds, coughs, inflamed eyes,
open sores, infections, excessive sunburn or any contagious disease.
J. No consumption of refreshments will be allowed on the
deck area.
K. Abusive or profane language will not be tolerated.
L. All injuries must be reported immediately to the
lifeguard.
M. Spitting, spouting of water, urinating, or nose
blowing in the pool will not be tolerated.
N. No playing with or sitting on the lane line(s).
O. The lifeline separating the diving area from the
swimming area will not be used as a plaything.
P. Diving Rules
1. Only one
person will be allowed on the diving board at a time.
2. There will
be no hanging or excessive bouncing on the diving board.
3. There will
be no diving from the sides of the pool in the diving area.
4.
Divers must ensure that the previous diver has cleared the diving area.
5. No
diving towards the sides of the diving area.
6. No
pushing of individuals on the diving board.
7. No
diving into water less than 5 feet deep.
Q. Inflatable toys, rafts or tubes may
be used in the pool at the discretion of the pool staff. Training aids and life
vests shall be used only in the training area.
R. To ensure maximum attention to pool safety by the lifeguards,
members and guests shall not converse with the lifeguards while they are on
duty.
S. Only authorized personnel are allowed in the office. If you need something in the office, ask a
lifeguard that is not watching the water.
T. All refuse will be placed in the trash containers
provided. No food remains should be disposed
of in the bathrooms.
U. No cutoffs, trousers, shorts, jeans or other street attire may
be worn in the pool, since they may fray and damage the filters. Only authentic swimming attire will be
permitted.
V. Intoxication, impairment, or any other disruptive behavior will
not be tolerated.
W. Unauthorized persons will not climb or sit in the lifeguard
chairs.
X. Persons must drive slowly and carefully in and out of the
parking lot.
Y. Bicycles shall be ridden carefully and placed in the space designated
for that purpose.
Z. The pool will be cleared of all people in the event of an
emergency. The emergency signal will be
3 sharp blasts of a lifeguard’s whistle.
AA. Personal lawn chairs, tables and lounges will be removed from
the pool facility when not in use.
BB. The pool manager has the authority to close sections of the
pool in order to foster creativity of pool use.
This shall include, but not be limited to, the use of a lane line for
one or more lanes, for adult lap swimming.
CC. Only organized games under the direction of pool management
will be allowed.
DD. No “fort” building with the chairs and tables.
EE. Chairs and other furniture are not allowed on the pool deck.
FF. Any contingency which might arise
and is not included in these rules is subject to the discretion of the pool
manager and his staff.
Page
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Bylaws
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BYLAWS
OF HILLSMERE POOL ASSOCIATION, INC.
ARTICLE I - OFFICES
The principal office of the corporation shall be located in
ARTICLE II - MEMBERSHIP, MEETINGS, VOTING
1. MEMBERSHIP
a. Membership in the corporation shall be open only to
residents or property owners of Hillsmere Estates or Hillsmere Shores
Subdivision in
b. Total membership in the corporation shall not
exceed 300.
c. Membership shall be divided into voting and
non-voting classes. The voting class shall consist only of charter
memberships and they are the only stockholders in the corporation. For
the purposes of these bylaws, the term “charter memberships” includes
charter memberships and memberships gained through the purchase of a membership
from a charter member.
d. A membership, whether voting or non-voting, shall
be recorded in the name of the head of the household and include everyone
residing in the household.
e. A charter membership is entitled to one vote, which
can be cast by any member of the household who is at least 18 years of
age. This vote can be cast either in person or by proxy. The proxy
must be in writing and signed by the member or his authorized attorney.
The proxy will be filed with the secretary of the corporation before the vote.
f. Charter members shall have the right to pay their
annual assessment and fees in four equal, consecutive monthly installments
beginning February 15 of each year.
g. Members who have not fully paid their annual
assessment by the end of the corporation’s fiscal year will have their
memberships repossessed by the board of directors and sold to the next eligible
person.
2. MEETINGS
a. The corporation shall hold two general membership
meetings per year, one in October and the other in November. The October
meeting will be for election of the corporation’s officers or other directors
as prescribed in Article III/2 of these bylaws. During the November meeting,
the
corporation’s treasurer or designated representative will present a financial
report of the previous fiscal year and propose a budget for the current fiscal
year.
b. Special meetings of the
membership may be called for any reason by the corporation president or by a
majority vote of the directors. A special meeting will also be held if
requested by at least 10 percent of the voting membership.
c. General and special membership meetings will be
held at a place designated by the directors.
d. It is preferred that the voting members be notified
of the two general meetings by written notice delivered by hand or by U.S.
mail, though a notice conspicuously posted within the Hillsmere subdivision
seven days prior to each of the two meetings shall be considered adequate.
Special meetings, however, require written notice to the
voting membership. These notices will be delivered either by hand or by
e. Board of directors meetings will be held in
accordance with Article III/4 of these bylaws.
f. All meetings of the board of directors or of the
membership shall be governed by Robert’s Rules of Order, Revised, unless those
rules are inconsistent with these bylaws.
3. VOTING
a. The secretary of the corporation will ensure that a
complete list of voting members and their addresses is on file and available
for inspection by the members. This list will also be available for inspection
during general and special membership meetings. The list will establish
which members are entitled to examine the list, who can vote at meetings of the
membership, and who is entitled to receive notice of the meetings.
b. Ten percent of the voting membership constitutes a
quorum. If less than a quorum is present at a meeting, the meeting can be
adjourned by a majority vote of the members present. However, if the
meeting continues without a quorum, the members present may transact business
until adjournment.
c. As stated in Article II/1/c above, only charter
members can vote. Each charter membership is entitled to one vote, which
can be cast by any member of the household who is at least 18 years of
age. This vote can be cast either in person or by proxy. The proxy
must be in writing and signed by the member or his authorized attorney.
The proxy will be filed with the secretary of the corporation before the vote.
ARTICLE III - BOARD OF DIRECTORS
1. GENERAL POWERS
The business and affairs of the corporation shall be managed
by its board of directors according to these bylaws and the laws of the state
of
2. NUMBER, QUALIFICATIONS, TENURE
The corporation shall have 9 directors, each elected by
voting members at an October general membership meeting. Each director
must be a charter member and shall hold office for two years unless he or she
resigns or is removed.
Included among these 9 directors shall be four corporate
officers--a president, vice president, secretary, and treasurer--and the
chairpersons of two standing committees: the Membership Committee and the
Building and Improvement Committee.
The terms of the corporate officers and the chairpersons of
the two standing committees will end October 31 of every odd numbered
year. The terms of the other three directors will end October 31 of every
even numbered year. Directors, including officers and standing committee
chairpersons, can be reelected for any number of terms.
3. DUTIES
The duties of the board of directors are specified in
Article IV of these bylaws. The specific duties of the corporate officers
and the chairpersons of the two standing committees are delineated in Articles
V and VI.
4. MEETINGS
a. The board of directors will hold nine regular
meetings during the corporation’s fiscal year. To the extent possible,
these meetings shall be held monthly from March through November. The
October and November meetings may be held in conjunction with the general
membership meetings.
b. The corporate president shall call special meetings
of the directors as he deems necessary or as requested by at least three
directors.
c. Each director shall receive at least 10 days notice
of each regular and special meeting of the board. However, a shorter
notification period is permitted if all directors give either verbal or written
consent.
d. A quorum will consist of a majority of the serving
board of directors. This number could be less than seven if not all directors’
positions are filled. However, for the purposes of conducting business at
regular and special meetings of the board or the general membership, a majority
of the directors present can approve a motion. The directors cannot vote
by proxy.
5. REMOVAL OF DIRECTORS
a. A member of the Board of Directors may be removed from
office with or without cause by a vote of two-thirds (2/3) of the general membership
present at a meeting called for that purpose. The Board of Directors may remove
any of its members for good cause upon a vote of two-thirds of the entire Board.
Failure of any Board member to be a "member in good standing" of the HPA Board
of Directors is cause for removal.
b. Written notice of the Board's intention to remove an Officer or Director shall
be provided to the person(s) to be removed and all Directors at least fifteen
(15) days prior to the meeting at which the removal vote shall be taken.
6. RESIGNATION
A director may resign at any time by giving written notice
to the corporate president or secretary. Unless specified otherwise in
the notice, the resignation will be effective upon receipt. No
“acceptance” of the resignation is necessary.
7. VACANCIES
Any vacancy created for any reason on the board of directors
(including officers) can be filled by a majority vote of the remaining
directors in attendance at a regular or special meeting of the board. The
new director shall hold office for the remaining term of his predecessor unless
the
charter membership votes otherwise at the next October general membership
meeting.
8. COMPENSATION
Directors will not be compensated for their work as board
members. However, directors can be compensated for their work on behalf
of the corporation if the work is separate from their duties as board members.
9. PRESUMPTION OF ASSENT
When an action is passed by the board of directors, it is
assumed that all directors voted with the majority unless the dissenting
directors request, either verbally or in writing, that their negative votes be
recorded in the minutes of the meeting. These requests must be made
before the end of
the meeting. Otherwise, the dissenting directors must send registered
letters to the corporate secretary within a week of the meeting’s
adjournment. The right to register a dissent is open only to those
directors who voted against the action.
10. COMMITTEES
When necessary, the board may appoint committees in addition
to the two standing committees. These additional committees will consist
of at least one corporate director. These committees will serve at the
pleasure of the board and fulfill purposes specified by the board.
11. OBTAINING BOND AND INSURANCE
The board of directors will secure public liability,
property damage, and other necessary forms of insurance in amounts deemed
sufficient to protect the corporation. The board may direct that the
corporation pay to have its employees and officers bonded in sufficient amounts
to protect the
corporation’s funds and property.
12. INDEMNIFICATION
The corporation will indemnify and defend any member
of the board against any claim brought against him or her arising from
good-faith action taken in an official capacity. “Defend” will include
paying all legal costs incurred by a board member in defending against such a
claim.
13. LIAISON WITH
A representative appointed by the Hillsmere Shores
Improvement Association, Inc., may attend board and membership meetings, but he
or she will have no voting rights.
ARTICLE IV - DUTIES OF THE BOARD OF DIRECTORS
1. GENERAL DUTIES
The board of directors is ultimately responsible for the
successful operation of the corporation, its facilities, and personnel under
the corporation’s control.
2. SPECIFIC DUTIES
Specific duties of the board of directors include:
a. Submitting a proposed
annual budget to the membership for approval at the general membership meeting
in November. The budget, as amended by the general membership,
constitutes the corporate budget for that fiscal year.
b. Reporting to the membership
at the November meeting the financial transactions and major corporate
activities of the previous fiscal year.
c. Authorizing the hiring of
any employees of the corporation and, if necessary, determining their
classification and salary schedule. This includes employing and
supervising qualified personal--either directly or by means of a pool
company--who will safely manage activities at the pool and its related facilities.
d. Establishing and updating
rules and regulations for the management and use of the corporate property and
facilities. This includes setting the fees and conditions for use of the
facilities by members and their guests; determining the opening and closing
dates of the pool each
season and the times for daily operation; and ensuring all tests of the pool
and its related facilities that are required by state and local laws and
regulations are conducted in a timely and proper manner and the results are
posted in a conspicuous location near the pool.
e. Directing and supervising
all committees of the corporation. The board has the power to amend or
even reject any rules and regulations recommended by a committee.
f. Specifying the classes of
memberships and the rights, privileges, and qualifications of each class.
However, only charter members as defined in Article II/1/c of these bylaws
shall have voting rights.
ARTICLE V - DUTIES OF
CORPORATE OFFICERS
As specified in Article III/2 of these bylaws, four of the
9 directors will serve as corporate officers: the president, vice
president, treasurer, and secretary.
1. PRESIDENT
The president is the principal executive officer of the
corporation. His duties include:
a. Supervising all business
affairs of the corporation;
b. Presiding at all meetings
of the membership and/or directors;
c. Signing deeds, mortgages,
bonds, contracts, and other instruments authorized by the board, except those
instruments specifically delegated by the board or these bylaws to another
officer or director or agent of the corporation;
d. Reviewing as necessary the
records of the secretary and treasurer prior to the November general membership
meeting;
e. Appointing the members of
all special committees and serving as a member of those committees.
2. VICE PRESIDENT
The vice president’s duties include:
a. Assuming the duties of the
president in his absence. When acting on behalf of the president, the
vice president has the same powers and restrictions of the president;
b. Maintaining a record of
disciplinary proceedings conducted by the board;
c. Performing other functions
assigned by the president or the directors.
3. SECRETARY
The secretary’s duties include:
a. Keeping minutes of general
and special meetings of the membership and the directors. These minutes
will be typed and presented at the next meeting for approval by the directors;
b. Ensuring all notices for
meetings are given in accordance with provisions in these bylaws;
c. Maintaining file copies of
all corporate records, including bylaws, pool rules and regulations, membership
lists (broken down by charter members and non-charter members), adopted
budgets, and minutes of special and regular meetings of the membership and the
directors;
d. Performing other functions
assigned by the president or the directors.
4. TREASURER
The treasurer’s duties include:
a. Custody of all corporate
funds and securities;
b. Collecting money owed to
the corporation and depositing it in the corporate account in a bank or other
such institution selected by the directors;
c. Paying the corporate bills;
d. Maintaining the membership
books of the corporation, including a register that lists the mailing address
of each member;
e. Performing other functions
assigned by the president or the directors.
ARTICLE VI - DUTIES OF THE STANDING COMMITTEES
As stated in Article III/2 of these bylaws, the corporation
will have two standing committees: the Membership Committee and the
Building and Improvement Committee.
The chairperson of each of these committees will be one of
the 9 directors of the corporation. The chairpersons will enlist people
from among the charter membership (including other directors) to serve on their
committees.
1. MEMBERSHIP COMMITTEE
The duties of the Membership Committee include:
a. Maintaining a list of
prospective members. The list will consist of their names, addresses,
dates of application, and any other information deemed necessary by the
committee;
b. Notifying the prospective
members of openings and securing the appropriate signatures and payments;
c. Recommending necessary
changes to the rules governing membership in the corporation.
2. BUILDING AND IMPROVEMENT COMMITTEE
The duties of the Building and Improvement Committee
include:
a. Planning all major additions and
changes to any property owned or leased by the corporation and submitting these
planes, along with estimates of cost, to the board for approval;
b. Supervising the
implementation of the plans approved by the board and reporting the results to
the board;
c. Approving expenditures
listed in the annual budget or authorized by the board for additions and
changes to the property owned or leased by the
corporation.
ARTICLE VII - CONTRACTS, LOANS, CHECKS, AND DEPOSITS
1. CONTRACTS
The directors may authorize a corporate officer or one of
his agents to enter into a contract to execute or deliver any instrument on
behalf of the corporation. This authority may be as general or as limited
as deemed appropriate by the directors.
2. LOANS, DEBTS
Only a resolution by the directors may authorize the
corporation to lend money or incur debt.
3. CHECKS
Checks, drafts and other orders of payment will be signed by
the corporation officer or his agent in a manner approved by resolution of the
directors.
4. DEPOSITS
Corporate funds not earmarked for specific payments will be
deposited in the corporate account in a bank or other such institution selected
by the directors.
ARTICLE VIII - BUDGET AND ACCOUNTING
The board of directors shall segregate the corporate funds
into a Replacement Reserve and an Operating Fund and report on each as
prescribed below.
1. REPLACEMENT RESERVE
A reserve shall be established for major repairs and
replacements of swimming pool property, both real and personal. Major
repairs and replacements shall be defined as those expenditures that would
normally be considered capital assets under generally accepted accounting
practices. However, should the Replacement Reserve exceed $20,000, the board of
directors may allocate those excess funds for expenditures and improvements
that would not generally be considered capital assets.
This replacement reserve shall receive a minimum of $300 per
year from annual fees charged to the membership. In addition, 50 percent
of the initiation fees of all classes of membership, other than charter
memberships, shall be deposited into this fund. At the discretion of the
board,
additional funds may be allocated to this reserve.
2. OPERATING FUND
This fund shall be the depository of all funds of the
corporation not enumerated in Article VIII/1 of these bylaws and shall be used
for annual operating costs of the pool, including the cost of insurance and
professional services. If there is a surplus at the end of the fiscal
year, the board may direct that some or all of the surplus go into the
replacement reserve or be used as a credit toward the annual assessment charged
to the membership the following year.
3. FISCAL YEAR
The corporation’s fiscal year begins November 1.
Financial expenditures by the corporation between the start of its fiscal year
and the approval of the budget for that fiscal year shall not exceed a total of
$300 without approval of the corporation president.
ARTICLE IX - AMENDMENTS
Additions or changes to these bylaws
require approval of the charter members at a special or general membership
meeting. A positive vote is required by the majority of charter members
present at the meeting.
The charter members must be given at least 10 days notice of
the meeting and be told that one of the purposes of the meeting is to vote on
bylaws changes and additions. Copies of the proposed changes and
additions must be made available to charter members from the time of the notice
until the vote
