These definitions apply to all Club documents unless otherwise defined in the by-laws or a specific policy or procedure. Words and phrases shall be taken in their plain, or ordinary and usual, sense. Technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import and shall be defined as in the appropriate Florida Statute. Terms of the masculine, feminine or neuter shall include all absent specific language to the contrary.
- Club means The Harbor Club of Bonita Springs, Inc.
- Disability to the Club includes not current on dues, fees, rental and any other payments or the subject of disciplinary action by the Club.
- Discretion means an independent, non-discriminatory and prudent choice to take or not take an action for the benefit of the Club; such action shall not be unreasonably withheld.
- Family Member means parents, children, spouse, or surviving spouse of the Member, or any other relative by blood, marriage, or adoption.
- Guest means an individual, other than a non-Member Resident, invited by a Member. Guests under eighteen (18) years of age must be accompanied by a Member, Renter or Guest over the age of twenty-one (21) years.
- Immediate family means any parent, sibling, grandparent, spouse, children and all grandchildren.
- Include and includes are words of expansion and not limitation.
- Individual or person means a living human being.
- Member means a Member of the Club in good standing unless the context specifies otherwise.
- Member in good standing means a Member who is not under any disability to the Club.
- Non-Resident means a person who is not a Resident of Imperial Harbor.
- Non-Resident Guest means a person who is neither a Resident Guest nor a non- Member Resident.
- Officer or Director shall include anyone delegated by that Officer or Director to perform a specified act.
- Owner means any who has right, title or interest, whether present or contingent, to any real property in Imperial Harbor. (e.g. the deed holder, beneficiary of trust holding the subject property).
- Policy means any policy statement passed by the Membership.
- Renter means any non-Resident person living in or using the property of a Member that is not in residence.
- Resident means a person who is a Resident of Imperial Harbor.
- Resident Guest means a person who resides temporarily with a Member or Renter.
- Sanctioned means having obtained recognition by whatever mean the Officer, Director or Board accepts.
Sale of products or services and other commercial activity (h. i. commercial activity) is prohibited on Club property.
The following are exceptions to the above:
- Those renting the Club facilities may engage in commercial activity only during the period of time that the facility is rented and only inside the facility enclosure.
- Club sponsored activities: All commercial activity, other than the above, is at the discretion of the Board of Directors.
- Any posting on the inside and outside bulletin boards is at the discretion of the Board of Directors.
- There shall be no signage, lighting, banners, billboards or any other type of outdoor or indoor commercial displays other than those permitted above, none of which is to be visible from the outside of Club property.
No alcohol shall be furnished or sold to any person at any Harbor Club function
Any function may be advertised or promoted as “BYOB’ or “Bring your own beverage”.
BALLOTS – WRITTEN
This policy shall apply to all items requiring a 2/3 majority written vote:
- Prepared ballots with accompanying proposal shall be made available to all Members through the procedure established to support this policy.
- The proposed change (s) shall be printed to accompany the ballot.
- The ballot shall be a separate document and shall be clearly marked for votes FOR or AGAINST the proposal.
- The ballot shall clearly state the date by which the ballot is to be returned to the Club and the address to which the ballot is to be returned.
- A locked ballot box shall be made available in the Club House for Members.
- The Secretary shall remove the ballot box at the expiration of the voting period and deliver all ballots to the Board or its delegate.
BALLOTS – ELECTION
Board Members, their spouses, candidates and their spouses cannot participate at a polling place.
The use of the Club House is under the supervision of the Social Director.
- The Club House may be rented only by a Member who shall be in attendance for the duration of the rental period and who accepts full responsibility for any loss or damage caused by occupants.
- The Member renting the Club House must execute the contract presented and pay the rental fee in advance. There are no refunds for any reason other than a direct fault of the Club, failure in a vital service (water, sewer electricity, air, etc.) or a natural disaster.
- The cost of renting the Club House shall be determined by the Board of Directors.
- The initial rent for the Club House, until changed by the Board of Directors, is $10/hr. with a minimum of three hours per rental.
- Rental by the Club House shall be on a first-come, first-served basis and secured by the advance payment of rent and the execution of the rental agreement.
- To secure a repetitive rental agreement extending for a period of more than thirty days and up to a period of ninety days, the Member may pay a premium determined by the Board of Directors.
- There shall be no fee to rent the Club House for a memorial service for a Member.
- The Board of Directors or the Social Director may waive certain requirements in extenuating circumstances.
- Complaints may only be made in the name of the Member as it appears in the current records of the Harbor Club.
- Each complaint must be in writing.
- The complaining party must include his complete name, address and telephone number, and, if known, the complete name, address and telephone number of the party against whom the complaint is alleged.
- The complaining party must clearly state the by-law, policy or procedure that is alleged to have been violated or state the basis on which the complaint is made.
- The complaint must state the operative facts that give rise to the complaint. The complaining party must have first-hand knowledge of the facts stated.
- The complaining party may state the action he expects the Board of Directors to take to resolve the complaint.
- The complaint must be signed by the complaining party.
- The complaint must be delivered to a Member of the Board of Directors for action pursuant to the existing procedure.
- Once delivered, the complaint may not be withdrawn.
The complaining party, in submitting a signed, written complaint to a Member of the Board of Directors recognizes that the records of the corporation are open for inspection to its Members and the public pursuant to Florida law.
Prior to suspending any Members’ Harbor Club privileges, the Club must have received a written complaint against the Member. Upon receipt of the written complaint, the Board of Directors shall call a meeting of the Board to determine whether the complaint complies with club policies. If the Board determines the complaint to be credible, the Board shall send the Member a written notice that the Board will hold a hearing to determine whether the Member shall be suspended. The notice shall state the basis for the complaint and shall state the date and time of the Hearing at which the member may respond to the complaint. The notice shall be delivered at least fourteen days (14) prior to the Board’s decision. The Member may not be suspended unless the Member has been given the required notice and opportunity to be heard at the Hearing.
COMPOUND DIRECTOR: The Compound Director shall be responsible for the collection of rents due, assigning space and advising the Board of Directors and Membership of the status of the compound on a periodic basis or upon request. The compound director is also responsible for maintenance of any fence, vegetation, and utilities.
RENTER: For the purpose of this policy only, RENTER means any Resident, Renter as otherwise defined, or Guest of a Resident of Imperial Harbor who has signed a contract for use or deposited materials of any kind in the compound.
STORED MATERIALS: Storage is limited to those items in which the RENTER has right, title and interest. It is not intended to be a storage facility for items belonging to those outside of Imperial Harbor.
RENTER may store any materials that are not generally considered hazardous, explosive or otherwise dangerous within the boundaries of the rental space and to a maximum height at any point of thirteen feet (13’).
SIZE: All rental areas shall be 12’ x 60’ (twelve feet by sixty feet).
LOCATION: The Compound Director has discretion as to the location of rental space.
RATES: The following rates apply until changed by majority vote of the Membership at a regularly scheduled meeting:
Annual (01/01 through 12/31)
Applicable tax will be in addition to the above stated rate.
PAYMENT: all rents must be paid in full and in advance of entry to the compound.
CONTRACT: RENTER must execute a written contract at the time of entry to the compound and complete all other documents required by the Club.
PRO-RATION: There shall be no pro-ration of rents.
RENEWAL: A timely paid renewal automatically renews the rental for the same period without the necessity of signing another contract unless rents or document requirements have changed in which case RENTER shall be required to update all necessary documentation.
LATE FEE: Any rental fee not paid, or timely postmarked, in full for the following period by the end of the current rental period, is considered late and subject to a late fee of $15.00 (fifteen dollars).
SECURITY: All property must be secured to prevent loss or damage to surrounding property or littering of the compound.
NON-WHEELED ITEMS: All non-wheeled items require a one-time $150 (one hundred fifty dollars) deposit. Non-wheeled items shall be on tapered skids of treated wood or non-rotting materials, the acceptability of which shall be at the discretion of the Compound Director.
PREFERENCE TO CLUB MEMBERS: A Member of the Club shall receive preference in obtaining storage space in the compound under the following conditions:
- If the compound is full, Member will be moved to the top of the list maintained by the Compound Director of those desiring space. Among Members, preference will be based on the date added to the list.
- If the compound is full and a non-Member breaches his contract or fails to timely renew his contract for any reason, said non-Member will lose his rental space and the Member who is first on the list will have the opportunity to obtain space in the compound once open.
- The Member, in order to obtain preference, must pay the rental in full and sign a contract within 48 hours of notice of the availability of preferential space.
SEIZURE AND REMOVAL: Any property found in the compound that is not within an assigned rental space is subject to seizure and removal at the expense of the owner as allowed by Florida Law. 6
- Annual dues shall be determined by majority vote at a General Membership Meeting after recommendation by the Board of Directors and shall remain in effect for all Memberships until so changed.
- There shall be no pro-ration of dues except in the instance of a purchase of Membership from the Club during a dues year or as otherwise specified in a policy. Such purchase shall be subject to a monthly proration of dues.
- Annual dues accrue on January 1st payable on or before January 15th.
- Dues not paid or postmarked on or before January 15th shall be subject to late charges as follows:
- January 16th to June 31st: $25.00 added to the dues
- July 1st to December 31st: $75.00 added to the dues
- Charges as above will continue to accrue until the dues and late charges are brought current.
- On or about February 1st each year, the Club shall mail to the address specified on the Membership Application of any Membership more than one year in arrears in payment of dues an INVOICE for the amounts due as above, together with any additional costs and expenses, and a DEMAND FOR PAYMENT.
- Any owner or Member as shown on the records of the Club shall have the right of redemption by submitting payment in good funds to the Club for the amount shown on the DEMAND FOR PAYMENT prior to additional charges accruing.
- Dues remaining unpaid for more than two full calendar years and subject to the above charges may be sold by the Club to recover past due annual fees, charges and other associated costs. Once sold, any remaining funds shall be returned to the previous Member upon written request. Dues, fees and other charges shall continue to accumulate until the Membership is sold.
- Should the dues, fees and other charges exceed the then prevailing sale price of Membership, that Membership shall be forfeited to the Club without recourse.
- The Club is not bound to give priority to the sale of a Membership with dues, charges or other costs in default.
Persons over the age of ninety (90) years and having timely paid annual dues for at least the five immediately preceding years shall be exempt from the payment of annual dues in succeeding years upon notification to the Board of Directors in writing after the Member reaches the age of ninety (90) years.
The purpose of this policy is to reward the Member. This is a dues exemption only.
The use of the Club facilities and participation in Club activities shall not be available to any person residing with or renting from the exempt Member without the exempt Member’s personal attendance.
This exemption terminates upon the occurrence of any of the following:
- The death of the person.
- Sale of the Membership.
- Failure to maintain good standing or meet Membership requirements as specified in the by-laws or other Club documents.
Upon termination of the exemption, dues become payable to the Club within 15 days of notice by the Board of Directors. Dues shall be for one half of the year if the termination occurs prior to July 1 and there shall be no dues payable if the termination occurs on or after July 1. Late fees shall be calculated pursuant to the existing policy.
Revocation of the exemption is at the discretion of the Board of Directors.
The seven (7) members of the Harbor Club Board of Directors shall be reimbursed their annual dues ($205 or current assessment), regardless of the number of properties owned, in February each year
FISCAL YEAR: The fiscal year is a calendar year.
OFFICE SAFE: The office safe is for the storage of the property of the Club only. All Club funds are herein defined are to be maintained in the safe unless being used for the purposes herein expressed. Overnight cash may not exceed $200.00 (two hundred dollars) in excess of the amount remaining in the Impress Fund and Coffee Fund unless extenuating circumstances prevent the deposit of funds.
IMPREST FUND: An Impress Fund of $200 is hereby established to provide “up front” funds for authorized purchases for Club activities. The Impress Fund is to be used in lieu of a PETTY CASH FUND for the payment of small, non-recurring expenses. 8
COFFEE FUND: A coffee fund of $125.00 (one hundred twenty-five dollars) is hereby established for the purchase of food, drink and supplies for “Saturday Morning Coffee”.
REIMBURSEMENT FOR AUTHORIZED PURCHASES: All requests for reimbursement must be accompanied by a signed dated receipt. Reimbursement will only be made for purchases for authorized functions.
EXCESS OF REVENUES OVER EXPENSES: For any Club activity, the excess revenues over expenses shall be applied as follows:
- For funds withdrawn from any Fund herein defined, to reimburse the respective fund to its specified amount.
- or all other revenues in excess of expenses, to the General Fund. The Board of Directors is responsible for designating the person of persons responsible for the distribution and accounting of funds.
Key cards are the property of the Harbor Club and subject to cancellation or recall by the Board of Directors.
- Two key cards will be issued annually upon payment of dues and must be picked up at the Club office during established business hours.
- Key cards may only be loaned for use as otherwise specified in this or any other policy.
- More than two key cards may be issued per Membership but not without additional names appearing on the Membership Certificate. The Board of Directors shall establish an additional charge for more than two key cards.
- Lost, stolen, misplaced, damaged, destroyed or otherwise unavailable key cards may be replaced at the option of the Board of Directors which shall establish a fee for replacement. Said fee shall remain consistent for the calendar year.
- No refund shall be issued should a key card, having been replaced as above, be found.
- Notwithstanding any other part of this or any other policy, key cards may be loaned to a Guest over the age of 18 years.
For the purposes of this policy, a league is an organization, sanctioned by the Club, authorized to use Club facilities and involves non-Club Members from an outside organization except that a Non-Member Resident may not use the Club facilities.
For the purpose of this policy, a group is an organization, sanctioned by the Club, authorized to use Club facilities and involves Club Members only.
Membership in a league or group is under the direction of the Social Director and subject to the following:
- Each league must elect a chairperson, maintain a list of Members as appropriate and provide the Social Director with current Membership and league information upon request.
- Funds for activities must be raised by and accounted for by the Members themselves.
- The number of Club Memberships shall be set by the Board of Directors.
- Memberships shall be issued in the name of the persons on the deed subject to any other stated policy unless said deed is held in the name of a non-living entity in which case the Membership shall be issued in the name of the person(s) who appear on a proper resolution from the non-living entity.
- There shall be no voting of any Membership interest by proxy.
No animals, other than service animals providing immediate service to a disabled person as defined in the COMPOUND will be allowed to utilize an area designated by the Compound Director for a pet run.
It shall be the policy, custom and practice of the Club to protect the information gathered on the Membership application and all other documents from disclosure.
- 1. No personal identifying information contained in the records of the Club shall be disclosed with the following exceptions:
- With the expressed, written consent of the individual or the individual’s legally authorized representative.
- In a medical emergency, but only to the extent necessary to protect the health or life of the individual.
- By order of a court of competent jurisdiction upon showing of good cause.
- A Member may inspect any record pertaining to him at any reasonable time, such inspection shall not be unreasonable withheld.
- A Member is entitled to correct erroneous information pertaining to him in any record. The correction of the record is at the discretion of the Member.
- No information obtained by the Club shall be disclosed in any form that could reasonably identify the Member without having first gained permission by that Member for disclosure.
- The Club shall not allow any information in any form, either individual or aggregate, to be released or used by any outside organization for any purpose.
Nothing in this policy prevents the Club from obtaining information other than that which is necessary to the functions of the Club; however, the person from whom the information is sought must be notified that submission of that information is voluntary and be informed as to the purpose and intended use of that information.
PROPERTIES OTHER THAN THE CLUB HOUSE
The listed properties are for the use of Club Members, Renters and their Guests unless otherwise specified herein.
The Properties Director is responsible for the care, maintenance and security of these properties, their surrounding areas and all property normally contained therein.
No one under the age of eighteen (18) years is allowed in or on these properties unless accompanied by a Member, Renter of Guest over the age of twenty-one (21) years.
Glassware is prohibited in all areas.
- Only members may use the property therein with the approval of the Properties Director and at his discretion.
- No food or beverage of any kind, except water, is permitted.
- Shuffle Board Courts
- Volley Ball Courts
- Bocce Courts
- Pool Area
- Horseshoe Courts
Food and non-alcoholic beverages are permitted. Additional policies may apply to the above properties.
All social functions fall under the supervision of the Social Director.
- Ticketed Functions: All costs and expenses are expected to be covered by the revenue generated by ticket sales.
- Free food and beverage functions shall be available to Members and Renters only.
- Limited Attendance Functions: A period of seven (7) days from the opening of ticket sales shall be available to the purchase of tickets for Members, Renters and Resident Guests. At the expiration of the seven-day period, tickets may be purchased for non- Resident Guests.
- Non-Ticketed Functions: Members, Renters and their respective Guests shall be accommodated of a first come, first served basis up to the occupancy limit of the facility and subject to any other policy.
Smoking is not permitted in any building, nor on the Bocce Courts, Shuffle Courts or the enclosed shelter.
The property Director shall designate an area within the pool enclosure to be set aside for smoking.
- Any Member or Guest may use the telephone when the office is unoccupied.
- When the office is in use, permission to use a telephone must be obtained as all telephones share the same telephone line.
- All calls shall be limited to two minutes.
- No long-distance service is available.
- No one under eighteen years of age is allowed to use the telephones except in cases of emergency.
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