INDIAN HARBOR OWNERS ASSOCIATION, INC

INDIAN HARBOR OWNERS ASSOCIATION, INC.=

RULES, REGULATIONS, AND GENERAL INFORMATION

All rules and regulations are subject to change. Please watch your Smoke Signal

for additions and changes to the following.

PART I

RECREATIONAL AREAS AND FACILI= TIES

A. INTRODUCTION=

The purpos= e of this part is to define the Recreational Areas and Facilities within Indian Harbor (I. H.) that are avail= able for use by the members/associate members of the Association who are current= ly paid in full on assessments and other charges owed the Association and their families and guest.

Persons gu= ilty of littering or vandalizing the Recreational Areas or Facilities are subjec= t to prosecution by law and/or loss of membership privileges.<= /b>

B. CAMPGROUNDS<= /p>
The Campgr= ound Area is located on Apache Trail. There are 20 camper pads complete with electrical hookups. There is also a sewage dump statio= n and bathhouse in the campground area. Reservations are required. The current rate being charged for a camper pad is $10.00 daily. (Subject to change). Reservations may be made in person= , by telephone, or mail through the Association Office. All payments are to be paid in adv= ance in the Office.

C. PLAYGROUNDS AND PICNIC AREA

There are = two playground areas. One is loca= ted by the Clubhouse Swimming Pool and the second one is located at the Recreation Center. The only picnic area is located at= the Recreation Center. The picnic area has table and benc= h sets as well as cooking grills. Th= ere is no fee currently being charged for the general use of the playground and pi= cnic areas and no reservations are required.&nb= sp; Persons using these areas are to leave them clean by depositing their trash in the receptacles provided.

D. TEEN CENTER BUILDING=

The Teen Center Building may be res= erved by members/associate members for special events such as reunions, social functions, general meetings, etc. The building is heated and air conditioned, has rest room facilities. The building is l= arge enough to seat 25 to 30 people. Currently, a rental fee of $100.00 per day is being charged for use = of the building. In addition, a refundable cleanup deposit of $150.00 is required. Reservations may be made in person= , by telephone, or mail by completing a request form through the association office. Fees and deposits mus= t be paid in advance at the office.

E. CLUBHOUSE

The Clubho= use is located on Apache Circl= e. The building is currently used for membership and Board meetings, social clubs meeting, and special events. The building is heated, air condit= ioned, and has rest rooms. It is rat= ed by the Fire Code for occupancy of up to 130 persons. Availability of the building and equipment for use by members/associate members for special events such as reunions or other social gatherings is contingent on whether it is under le= ase by an independent operator. If leased, arrangements will be made through the lessee. Otherwise, arrangements will be ma= de through requests to the board. The required fees are $150.00 for rental fee and refundable cleanup deposit of $200.00. No pets are allowed = at any time anywhere on the clubhouse circle.&nbs= p; The Clubhouse is a smoke-free building. No smoking please.

F. MARINA

The Marina area encompasses the Marina store, two boat launching ramps,= two boathouses comprised of boat stalls and a fuel dock, rest rooms, and a fish= ing pier. The boat ramps are not available for public use except in the case of emergency or boat equipment failure. The boat house and b= oat stalls are for the exclusive use of those who have rented the boat stalls.<= span style=3D'mso-spacerun:yes'> Arrangements for rental of boat st= alls and payments must be made in the Indian Harbor Owners Assoc= iation office. All rental payments a= re to be made in the business office. Guests desiring to fish from the boat stalls must be accompanied by their host. Preteen children = must be accompanied by an adult at all times when in the boathouses. Swimming around boat ramps, boat s= talls, fueling dock, or fishing pier is not permitted. The fishing pier is lighted for ni= ght fishing. The fueling dock and= Marina store are = open to the public only from the water.

G. SWIMMING POOL

The swimmi= ng pool is located adjacent to the Clubhouse on Apache Circle. Pool hours, user fees and rules of conduct are regulated by the Association and are posted each season at the swimming pool. Pool attendant= s will enforce all posted pool rules. Children twelve and under must be accompanied by an adult at all tim= es when in the swimming area.

H. FACILITIES
There is approximately 22 miles of private streets and roadways in the I. H. subdivision. These streets= and roadways are maintained through an allocated amount included in the monthly assessments paid by Association members.&n= bsp; The road committee elected by the Association members administers the road maintenance fund.

PART= II

ACCESS INTO INDIAN HARBOR SUBDIVISION

A. PURPOSE

The purpos= e of this part is to establish rules and regulations governing access into Indian Harbor subdivision that are consistent with Dedicatory Restrictions and Ind= ian Harbor Owners Association Bylaws and will allow access for those persons th= at the membership or Board of Directors approve and deny access to all other persons.

B. GUESTS OF MEMBERS/ASSOCIATE MEMBER= S

Members/As= sociate members who wish to allow certain guests frequent and/or unrestricted acces= s to their residence are to provide the names of these guests to the I. H. Owners Association Office. The office will maintain an author= ized guest list for use by the Safety Department. Guests listed on the authorized gu= est list will be allowed access after registering at the gate. Only relatives and personal acquaintances to which the member/associate member truly wishes to extend t= he hospitality of their residence should be listed. Any member or associate member rem= aining delinquent in assessments or other charges owed the Association for a perio= d of thirty (30) days will have their guest list suspended until payment is made= in full. While the guest list is suspended, the member/associate member will need to meet any guest at the g= ate and ride into the Harbor in the same vehicle as the guest.

Members/as= sociate members who wish to allow an occasional guest access to their residence and= who is not on their authorized guest list are to notify the Safety Department by providing the name and approximate arrival time of the expected guest. Guest will be allowed access after registering at the gate.

Any Association Member or Associate Member “Not in Good Standing” w= ho has made satisfactory arrangements to resolve his/her indebtedness and is current on that plan may obtain a valid entry permit and have their guest l= ist restored.

Guests requesting access to the residence of a member/associate member and who are= not listed on the authorized guest list, nor has Safety been notified of their expected arrival, will be denied access.&n= bsp; The gate will not call to verify if the guest is an authorized entry. Guests will only be al= lowed entry after receipt of authorization and registering at the gate.

Members/As= sociate members who wish to allow a number of guests access to their residence for special events such as weddings, social group meetings, family reunions, et= c, are to notify the Safety Department. The member/associate member will need to provide a written list of t= he names and arrival time of any expected guests who are not already listed on their authorized guest list to Safety. Guests so listed will be allowed acc= ess after each guest registers at the gate.&nb= sp; Any additional guests requesting access will be governed as in previ= ous paragraphs.

Members/As= sociate members who wish to allow persons other than guests, such as Meals-on-Wheel= s, Share Rides, Day Care, etc., access to their residence are to notify Safety= by providing name of person and period of access desired. These persons will be allowed acce= ss after registering at the gate.

C. GUESTS TO SPECIAL EVENTS

1. MEMBER / ASSOCIATE MEMBER SPONSORED EVENTS

        &= nbsp;   Any member/associate member who wishes to hold a special event, such as wedding= or family reunion, using any of the Recreational Areas is to complete a reques= t form obtainable at the Association Office and make the required deposit as prescribed in Part 1 of this document.&nbs= p; The member/associate member will notify the Safety Department of the Event. Visitors will be allow= ed access after registering at the gate.

        &= nbsp;   Member/associate members wishing to have a special event on Memorial Day, July 4^{th,
Labor Day or Thanksgiving Day may pick up a Special 1 day permit at the
Association Office for each guest.
This permit will allow access through the right lane (sticker lane) =
at
the gate. This permit will be=
valid
for the designated Holiday only.}

2. I. H. ASSOCIATION GROUP SPONSORED = EVENTS

I.H. Organizations (Fire Department or Ladies Club) wish= ing to hold a special event that will be open to the public will petition the b= oard of Directors for use of any Recreational Areas prior to each event. After Board Approval, the sponsori= ng organization will provide the particulars of the event to the Safety Department. Visitors will be allowed access after registering at the gate.

3. OTHER SPECIAL EVENTS

Boy Scouts/ Girl Scouts or other nonprofit organizations that wish to conduct public service activities within the subdivision must = make a request to the Board of Directors. The Director over Safety will notify the Safety Department in writing indicating Board Approval. The organizations will then be allowed access after registering at the gate.

D. COMMERCIAL PERSONNEL

1. CONTRACTORS<= /p>
Property owners who wish to have construction work done = at their property are to contact the Association Office as prescribed in Part = IV of this document regarding Building Permits. Contractors and building material deliveries will be allowed access after the Safety Personnel receive the pr= oper notification from the Association office.&= nbsp; (See stickers)   &nbs= p;              &= nbsp;

2. SERVICE/REPAIR

Members/Associate Members, Club or Marina Operator, Association Administration personnel, etc. who have a need for repairs or maintenance to be performed on their equipment by commercial companies or individuals are to notify Safety Personnel by providing name of company or individual to perform work and expected time of arrival. Service/Repair personnel will be a= llowed access after registering at the gate.

E. TRAILERS, MOVING VANS, AND MOBILE = HOMES

1. TRAILERS

All boat and/or utility trailers, camper trailers, etc. entering the subdivision must be registered with the Safety Department. Drivers of vehicles on initial ent= ry with a trailer are to stop and obtain a pass for the trailer from the Safety Personnel. On subsequent entr= ies with the same trailer, drivers are to stop and present the trailer pass to = the Safety Personnel. Access will= be allowed after the trailer pass and trailer are verified by Safety and all o= ther requirements for access by the driver have been met. Drivers towing trailers exiting the subdivision are to stop and present their trailer pass to the Safety Personnel. Exit will be allow= ed after the trailer pass and trailer is verified.

2. MOVING VANS AND TRAILERS

Anyone wishing to move into or out of the subdivision is= to notify the office prior to the move. If circumstances prevent notice being given to the Association Office during regular business hours, the notice is to be given in person to the Safety Personnel. Persons wit= h a moving van, U-Haul trailer/truck, pickup, general-purpose trailer or other similar load will be allowed access after providing the required notificati= on and registering at the gate. = On exiting, these vehicles are to stop, be verified by Safety Personnel, and l= ogged out.

3. MOBILE HOMES

Property owners who wish to move a mobile home or other manufactured housing into or out of the subdivision must obtain a permit, as prescribed in Part IV of this document, from the Association office before = the move is started. Following ap= proval by the Architectural Committee, the Association office will forward the per= mit to the Safety Department. Saf= ety Personnel must have an approved permit in hand before entry or exit will be allowed.

F. SOLICITORS

Except as provided for under “Other Special Events” Section C, paragraph = 3, access to the subdivision for the purpose of solicitations for any cause (d= oor to door solicitations, Political candidates, ice cream venders, or similar solicitations) or for the distribution of handbills or leaflets will not be allowed.

G. REAL ESTATE SALES

1. SALES BY REALTORS

Property owners listing their property for sale with a R= eal Estate Agency or Realtor are to provide the Safety Department, in writing, = the name of the Agency and/or Agent. The Agent handling the listing will be required to provide adequate identification to Safety Personnel when requesting access for the purpose of showing the property. The lis= ting agent will be allowed access after registering with the gate. If a client does not accompany the agent, i.e. in separate vehicles, the agent will be required to meet the cl= ient at the gate and escort the client to the property being shown after the cli= ent registers with the Gate Personnel.

&nb= sp;          “For Sale” signs may be posted on the property listed for sale by the Agen= cy or Realtor. Only one sign may= be posted on lots with a single street front.= Two signs may be posted on corner lots, one facing street front and = one facing side street. Two signs= may be posted on water front lots, one facing street front and one facing waterfront. Signs should be m= ade of durable material, attached to stakes or other adequate support, and shall n= ot exceed 2 ft, x 3 ft. in size. Signs shall be removed from the property within 48 hours after the expiration of listing agreement or consummation of sale.

Other Multiple Listing Services (MLS) realtors wishing to show the property must provide the Safety Department with written permission from the listing agency before access will be allowed in the same manner as prescribed in previous paragraph for a listing agent.=

2. SALES BY PROPERTY OWNERS

Property owners who wish to handle the sale of their property themselves may authorize access of a client as prescribed for gues= ts of Members/Associate Members, Part 11, Section B of this document.

&nb= sp;          “For Sale” signs may be posted on property offered for sale by the property owner. The same restrictions governing “For Sale” signs posted by real estate agent or realt= or applies to signs posted by the property owner.

3. REAL ESTATE APPRAISERS

Property owners who have need for an appraisal to be mad= e of their property and are making the arrangements themselves are to provide the name of the appraiser and expected time of arrival to the Safety Department. If the agent or r= ealtor makes the appraisal arrangement, the agent or realtor is to provide this information to the Safety Department. Appraisers will be allowed access after registering at the gate.

H. GARAGE SALES=

Indian Har= bor Garage Sale Weekends (Friday, Saturday, and Sunday) will be held on the first weekend in May and the first weekend in October. On these weekends, the general public will be allowed access each day between the hours of 8:00 AM and 5:00 PM to attend the sale= s. Members/associate members wishing = to hold a garage sale are to notify the Association office no later than Wedne= sday before the sale. The Associat= ion office will prepare a map showing the location of each sale. Safety Personnel will distribute a= copy of the map to each person requesting access to attend the sales. Visitors will be allowed access af= ter registering at the gate.

Garage sal= es for Indian Harbor residents only may be held at any time. Advertisem= ents for this type of garage sale may be placed in the Smoke Signal classified ad column free of charge.

No signs a= re to be posted outside the property where sales are to be conducted. Signs ma= y be posted at the site of the sale on the day of the sale and must be removed by 5:00 P.M. of the day after the sale. The signs shall not exceed 2 ft x 3 ft in size.

Special exceptions will be granted when a resident is required to move due to trans= fer of sale of home. Members/Asso= ciate member must petition the Board of Directors for approval of the sale. You will be required to provide pr= oof of sale of your Indian Harbor home or proof of transfer. After Board approval, the general = public will be allowed access in the same manner as previously prescribed for the Indian Harbor Garage Sale Weekend.

I. MEMBER/ASSOCIATE MEMBER WITHOUT VE= HICLE STICKER/EXPIRED STICKER

All reside= nts without a valid Sticker and not in good standing must enter through the Saf= ety lane and pay $1.00 Road Usage/Safety Fee each time they enter the Harbor. This Fee must be paid in quarters = or single dollar bills. No other= denominations will be accepted. No change w= ill be made. Drivers refusing to pay= this Fee will be requested to proceed to the north parking lot and park their vehicle. These individuals may continue to their residence via other means.

PART III

SAFETY RULES AND REGULATIONS

A. PURPOSE

The purpos= e of this part is to establish Rules and Regulations of safety that serve to pro= tect the safety, health, and property of I. H. property owners and associate members. No unsafe activities= will be allowed on any areas in Indian Harbor (skate boarding, biking, etc.). A schedule of fees associated with violations of these Rules and Regulations is available in the Indian Harbor Office.

B. HUNTING/TRAPPING/FIREARMS

Hunting and trapping of birds and animals is strictly forbidden. Discharging of firearms is prohibi= ted, as is the use of pellet, CO2, or BB pistols/rifles.
C. FIREWORKS=

Fireworks = may not be discharged except by prior permission by the Board of Directors.

D. FAMILY PETS

Family pets are limited to household pets (dog, cat, etc.). See restrictions for your phase. Farm type animals such= as horses, cows, donkeys, pigs, chickens,&nbs= p; etc, are prohibited.   Pets are required to be kept within a fenced area or on a leash at a= ll times. Owners of pets are responsible for current vaccination and tag identification for each of their pets.&nbs= p; Effective August 1, 2007 a Dog Ordinance was instituted banning the breed of Pit Bull dogs from the Harbor.&nb= sp; All pets are to be registered with the office.=

E. PROPERTY CLEANLINESS

Lots, eith= er owned or rented, are to be kept free of trash, garbage, weeds and other deb= ris at all times. It is the prima= ry responsibility of the resident, either owner or renter, to maintain the cleanliness of the property. = In any event, the ultimate responsibility for cleanliness of the lot resides with = the owner of the property. Should= the owner fail to uphold his responsibility, the Board of Directors may, by the covenants of the Bylaws, take legal action against the property owner. Fines and court costs could be lev= ied against the property and the property owner.

F. CONTROLLED FIRES=

Fires for disposal of brush and other types of waste are permitted following notifica= tion to the Hood County Fire Marshall. Do not call 911.

G. OPERATION OF MOTOR VEHICLES

Operation = of automobiles and trucks are subject to the same restrictions as apply to str= eets and roads within the State of Texas.

H. OPERATION OF MOTORCYCLES / SCOOTER= S

Driving motorcycles, motor scooters or other powered on-road or off-road vehicles a= re subject to the Rules and Regulations of the State of Texas. Within I. H., all property is priv= ately owned. No off-road riding of = any type is permitted unless the rider is in possession of written permission of the owner on whose property the riding is taking place.

I. SPEED LIMITS=

The State = of Texas has given I. H. control of speed and general safety within the subdivision. All streets and = roads are governed by posted speed limits. The maximum speed in Indian Harbor is 35 m.p.h. Some areas, such as curves, are po= sted at a lower rate of speed. The= area approaching the gate, both entering the Harbor and exiting is posted at 15 m.p.h. All speed limits are enforced by Radar. The entire subdivision is a no passing zone. Please observe all traffic signs.&n= bsp; The Safety Department will issue traffic violations when applicable.

J. DRIVING WHILE INTOXICATED

Vehicle operation under the influence of drugs or alcohol is subject to the same Ru= les and Regulations as those of the State of Texas.

K. OPERATORS OF SELF PROPELLED VEHICL= ES

Pursuant to Article 16 of the By-Laws, Section 5, Operators of self-propelled vehicles = must possess a valid operators license or permit and proof of insurance. The Safety Department will conduct= spot checks to verify that these requirements are complied with.

L. CURFEW

A curfew f= rom 11 pm until 6 am for anyone 18 years of age and younger is strictly enforce= d in all common areas and residential areas unless supervised by an adult. A fine schedule is included in the Safety Operations Manual.

PART IV

PERMITS AND FEE SCHEDULE

A. INTRODUCTION=

Permits are issued to provide control of and authorization for activities within the subdivision such as construction, movement of mobile homes, and vehicle stickers to permit access through the Gate immediately.

B. BUILDING PERMI= TS

The Architectural Committee issues building permits. Property owners who wish to have construction work done at their property are to determine if a permit is required before the work is started. Building permits are required for any erection of new buildings, addition or alteration to existing structures, erection, addition, or alteration to perimeter fences, hedges, walls, etc. If there is any question, contact = the Association Office for a determination.

If it is determined that a permit is required, the property owner is to submit an application to the Architectural Committee through the Association Office.<= span style=3D'mso-spacerun:yes'> The Association Office/Architectur= al Committee will advise the property owner as to approval/disapproval of the application. The Association Office/Architectural Committee will advise the Safety Department of approved permits.

        &= nbsp;   Permit fees are recommended by the Architectural Committee and approved by the Boa= rd of Directors and will be available at the office.

If it is determined that a permit is not required, the property owner is to notify t= he Association Office regarding the work to be performed, name of contractor, = and expected starting date. The Association Office will provide the information to Safety Department.<= /o:p>

C. MOBILE HOME PERMITS

The Architectural Committee issues mobile home permits. A property owner who wishes to mov= e a mobile home or other manufactured housing into, out of, or within I. H. subdivision must obtain a permit before the move is to be made. Applications for permits are avail= able at the Association Office. Ca= ll the office for permit fees.

D. ASSOCIATE MEMBERSHIP FEE

Property owners who rent/lease their property located in Indian Harbor are to provide the Association Office with the name of the renter/tenant/ lessee and the expected duration of the Rental Lease Agreement. The renter/tenant/ lessee is to ma= ke application for Association Membership at the Association Office. An Associate Membership fee for ea= ch rental unit will be assessed the renter/tenant.&n= bsp; If the renter/tenant/lessee fails to pay these fees, the fee will be charged against the Property Owner’s assessment account. Property Owners assume all responsibility for any assessments, fines, or penalties incurred by their renter/tenant/lessee.

E. VEHICLE STICKERS=

1. MEMBERS

Members who are current in their assessment and other charges due the Association may be issued a sticker, which will allow them = to pass through the gate without delay. Each Property Owner may obtain two stickers per property owned, on vehicles owned for a charge of $5.00 each.= Additional stickers will cost $10.00 each. The sticker is valid for an indefi= nite period of time as determined by the Board of Directors; currently the stick= ers are renewed yearly. Members m= ay obtain a sticker for vehicles owned by them upon request, either in person = or by mail, to the Association Office. Proof of insurance and vehicle license number must be presented to receive a sticker. If new lic= ense plates are issued to the vehicle by the State, members are to notify the Associati= on Office to update records.

2. RENTER/TENANTS

Renters/tenants may be issued a vehicle sticker that will allow them to pass through the gate without delay provided all of the following conditions are met:  &= nbsp;

(1)     (1) = ;    The proper= ty owner/ landlord must be current in assessments and other charges due the Association.

(2)     (2) = ;    Renter/ten= ant must have completed an Associate Membership Information Packet. =

(3)     (3) = ;    Payment of the Associate Membership= fee has been made.

Renter/tenant vehicle stickers are issued on a monthly b= asis and may be requested in person or by mail to the Association Office. The large number on the sticker represents the month the sticker expires.&= nbsp; Proof of insurance, a current driver’s license, and vehicle license number must be presented to receive a sticker. Renter/tenant stickers carry a mon= thly charge to be determined by the Board of Directors. That cost is currently $1.00 per sticker. Vehicle stickers wil= l not be issued to members of the immediate family of the associate member.<= /o:p>

3. ADDITIO= NAL STICKERS

Property Owners may obtain additional stickers for membe= rs of their immediate family and friends costing $10.00 each. The sticker is valid for an indefi= nite period of time as determined by the Board of Directors; currently the stick= ers are renewed yearly. Members m= ay obtain these stickers upon request, either in person or by mail, to the Association Office. Proof of insurance, a current driver’s license, and vehicle license number mus= t be presented to receive a sticker. If new license plates are issued to the vehicle by the State, members are to notify the Association Office to update records. Property Owners are responsible fo= r the conduct and actions of any family member or guest.

4. VENDOR STICKERS

        &= nbsp;   Vendors/Contractors may purchase a yearly sticker for $25.00 January – May, and $15.00 Ju= ne – December (subject to change). An information packet must be completed in the office. You will be required to supply a c= urrent insurance card for all vehicles and a copy of a current driver’s lice= nse for all drivers.

O     O  =    All sticke= rs must be placed in the upper corner of the driver’s side of the vehicle. No exceptions.

O     O  =    Any member= s/associate members/family members/vendors who uses the right entry lane without a stic= ker or with an expired sticker will be fined for running the gate. All members/associate members/fami= ly members/vendors with an expired sticker should stop at the Safety gate and allow the guard to remove the sticker.

O     O  =    Removal of= the vehicle sticker if vehicle is sold or if you are no longer a resident is required.

Approved by the Indian Harbor Board of Directors 11/13/07=