Swains Creek Pines Lot Owners Association

Guidelines, Rules & Regulations

as updated by the Board of Directors June 21, 2003

With more and more owners, families and friends using Swains Creek Pines facilities, it is important that we make everyone aware of the established guidelines here in our community. Our goal is to insure that we may all enjoy the peace and pleasure of Swains Creek Pines.

Please post this copy of the rules and regulations for your family and guests to review so they too will comply with the following guidelines.

1. VEHICLES: Motor vehicles operated within the confines of Swains Creek Pines will have a muffler or other noise-reducing device. This includes legal motorcycles and legal ATVs.

Motor vehicles will be operated at a speed of no more than 25 miles per hour or at a safe speed for prevailing road conditions, whichever is less, within Swains Creek Pines. Dust hazards, wet roads and excess traffic conditions are a few of the reasons to reduce travel speed too less than 25 miles per hour.

All ATV operators under the age of 18 are required to wear a helmet. This is the Utah law.

2. ROADS: All roads in Swains Creek Pines are dedicated County roads. Kane County Sheriffs department has an agreement on Cedar Mountain regarding OHV (Off Highway Vehicle) that all roads in Kane County, with the exception of highways and paved roads, are open to OHV use. Although there is an agreement, it is not an ordinance. The departments position is that the county roads are open to OHV use and they will enforce the safety issue. All vehicles must be operated only on roadways. No off-roading, riding on private property, highways or paved roads.

3. STRUCTURES: All structures, including cabins, trailers, decks, stairs, shelters, and etc., shall be kept in safe and good repair. Owners of such structures shall be liable for repair or removal of defective structures. All structures are to be constructed according to County and State building regulations and are to be maintained accordingly. All new cabins or homes shall have a floor area of at least 400 square feet. Decks and walkways shall not be considered a part of the minimum floor requirement. Left over materials and scrap will be hauled out of the area and contractors and owners will be responsible for site cleanups. There will be NO dumping of construction materials or clean up debris into the dumpster, onto Forest Service Land or private property. If caught, violators will be charged a $1000.00 fine.

4. RUNWAY: PERSONS SHALL NOT WALK ON, DRIVE ON, PARK ON, OR FISH FROM THE RUNWAY. Motor vehicles, except aircraft, shall not be operated on the landing strip or aircraft parking area, except that vehicles are permitted in the parking areas to load, unload and service aircraft. Snowmobiles may use the runway for access to properties in the winter, providing the Association is not held liable for accidents or injuries, and the operators of such snowmobiles be responsible for any resulting runway damage.

5. FISH POND: Lot owners, relatives or guests shall not remove more than five (5) fish per lot (not per person) per day, as authorized by the Board of Directors. Those people fishing shall display a valid Swains Creek Pines Fish Permit issued to members in good standing. There shall be NO cleaning of the fish at the pond, in the restrooms or in the sink at the pavilion.

6. WATER DELIVERY: Lot owners shall place their name, lot number and $20.00 per load in the water order box at least 24 hours prior to need, if feasible. There will also be an additional $20.00 fee for after hour emergency loads. Water will not be delivered to difficult accessed sites unless a filler pipe is run to the nearest road. Subject filler pipe must meet current specifications, 2" pipe and fittings, as required by the Board. All new construction shall also meet these requirements.

7. FIREWORKS: Persons shall not discharge fireworks within the confines of Swains Creek Pines.

8. FIREARMS: Persons shall not discharge any firearm within the confines of Swains Creek Pines. This includes BB-guns and pellet guns. Parents and/or guardians who allow children to use BB-guns, slingshots, bow and arrow, pellet guns, on their own lots will be responsible for any damage occurring to the neighboring property.

9. GARBAGE: There is no garbage collection service in Swains Creek Pines, nor is any area designated as a dump. However, dumpsters are conveniently located at Highway 14, and lot owners shall haul out any rubbish or garbage accumulated during their stay. Please do not throw cans, bottles or other garbage out of vehicles or into common areas. Large items such as appliances, furniture, or construction materials are to be hauled out and disposed of at the Kane county dump located near Glendale on Highway 89.

10. PAVILION: The pavilion and the barbeques are available for use by the lot owners, their families, and/or guests. There is a $50.00 deposit required which will be refunded if the facility is cleaned up afterward. Reservations for the use of the pavilion must be made with the Manager.

11. COMMON AREAS: No private property shall be left on common areas without prior approval of the Manager or Board of Directors, with the exception of those private vehicles belonging to aircraft owners may be parked near the tie-down area for the purpose of transportation to and from subject aircraft.

12. LIENS AGAINST PROPERTY: All lot owners shall be required to pay an annual assessment as outlined in the By-Laws. Any assessment which is not paid by March 1 shall be considered delinquent. If the assessment is not paid within sixty (60) days of said date, there will be an additional assessment for administrative costs equal to the amount of the dues plus $10.00 late fee and any payment not received within ninety (90) days of said date, there will be an additional assessment of $20.00 late fee. The Association will record a lien against subject property if dues are not paid within ninety (90) days of the date due. Lot owners shall be responsible for the cost of any legal action required to collect subject assessment. No lot owner can waive or otherwise escape liability of the assessment provided for herein by non-use of common property or abandonment of his or her property. Dues not paid prior to August 1 eliminate the property owners’ rights to vote in the general election.

13. AMENDMENTS: All or any part of these guidelines may be changed, amended or repealed by action of the Board of Directors or the Swains Creek Pines Lot Owners Association meeting in a business session.

14. RESPONSIBILITY: The Manager, Board Members and each individual lot owners are responsible for bringing infractions of these guidelines to the attention of the members and/or their guests. For clarification of any guidelines, contact the Manager or Board member.

Please observe and comply with the above regulations and instruct your family and/or guests to do likewise. All guidelines and regulations are imposed for the betterment of our community and allow everybody to enjoy and have a good time.

Above all, Enjoy!!!

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