Kerry Greens Subdivision – 2014 Pool Rules and Regulations

These are the rules and regulations of the Kerry Greens Homeowners Association (the “Association”) community pool, which have been made for your comfort and safety. The pool and pool area is for the exclusive use by community members of the Association and their guests.

  1. General:
  1. For the purpose of these rules, an Adult is defined as any person 18 years of age or older.
  2. Parents are expected to instruct their children and guests to observe all rules and regulations and to obey the instructions of Aqua Tech Pool Management, LLC (Herein referred to as “Pool Manager”) and lifeguards at all times.
  3. Everyone using the pool area does so at his or her own risk. The members and their families acknowledge that there is always an element of danger in using any swimming facility, and they agree to exercise due care and responsibility in the use thereof.
  4. The Kerry Greens Homeowners Association, its officers and agents assume no responsibility or liability for any accidents or injury in connection with such use. It also assumes no liability for the loss or damage of personal items brought into or left in the pool area.
  5. No members, other than the Board of Directors and Pool Committee Chairperson, shall give instructions to the Pool Manager or lifeguards regarding the operations or discipline within the pool area.
  6. Each person using the pool is required to help keep the pool area clean, neat and orderly.
  7. These rules may be revised or additional rules established at any time by the Board of Directors.
  8. The Board of Directors has the authority as stated in the by-laws to establish these regulations and designate the representatives (i.e., Pool Manager, Pool Committee, etc.) to enforce them.
  9. Admission to the pool can be refused to anyone with an infectious illness (i.e., flu, pinkeye, etc.). Open sores must be properly covered. Swimming with a communicable disease is prohibited.
  1. Responsibility:
  1. Aqua Tech Pool Management is the Pool Manager and has the operational and administrative responsibility for the pool. They have authority over the lifeguards including the ability to hire and dismiss.
  2. Please report any injuries, maintenance items, suggestions, etc. to the Pool Manager during its office hours, or to the Pool Committee Chairperson or the Board of Directors. See “Contacts” for telephone numbers.

3.Complaints: Complaints about the pool operations should be directed to the Pool Manager. If not resolved, it should be discussed with the Board of Directors or Pool Committee. Finally, unresolved issues should be submitted in writing to the Board of Directors.

4.Suggestions: Suggestions or comments for improvement of the pool, pool area and its rules and regulations are welcome and should be directed to the Pool Committee members or the Board of Directors.

  1. Good Standing: All Kerry Greens Homeowners Association members who use the pool facilities must be members in good standing of the Association. Homeowners with an existing violation of the community’s governing documents (CCR’s, bylaws, or rules/regs) or whose assessments are delinquent may have their pool privileges suspended.
  1. Pool Passes - Everyone admitted to the pool area must have a valid “Resident” or “Guest” pass with them when in the pool area. Two passes will be issued to each family at no charge. When entering the pool area have your pass visible and sign the log with your full name, address, and number of people visiting the pool.

Passes must be displayed while you are in the pool area. Please feel free to ask anyone else in the pool area to show his or her pass. While guests are welcome, non-residents are not and should not be allowed to use the facilities paid for with our dues. Trespassers will be prosecuted.

Pool passes cont’d:

The resident to whom the pass has been issued must accompany all guests. Guest passes may be requested from the Pool Manager during regular business hours or contact member of the Pool Committee for assistance. See more information about “Guests” below.

Lost or stolen passes must be reported to the Pool Manager immediately. Replacement passes can be obtained at cost of $5.00 per pass by contacting Braesael Management.

New Residents can obtain pool passes by contacting Braesael Management Company, Kerry Greens’ HOA management company. Telephone: (704) 847-3507

7. Guests:

In order to keep the pool from becoming overcrowded, members are requested to use discretion in the number and frequency of invited guests.

Local Guests: There may be no more than four (4) “local” guests per family membership at any one time. Local guests must be signed in and accompanied by an adult member while in the pool area.

Out of County/State Guests: Out of county or state guests of a member shall have all the privileges of the member and may use the pool without restrictions normally placed on local guests. Extended guests will require a pass. Please contact a Pool Committee Member listed below at least 3 days in advance to arrange for this pass.

Residents are responsible for informing their guests of the rules and regulations.

8.Rules:

Dates of Operation:

The pool will be open on the following days: Saturday of Memorial Day weekend through Labor Day

Hours of operation are:

Saturday11:00 a.m. to 9:00 p.m.

Sunday12:00 p.m. to 8:00 p.m.

Monday thru Thursday11:00 a.m. to 8:00 p.m.

Friday11:00 a.m. to 9:00 p.m.

On Weekdays when Public School is in session the pool will be open from 4pm – 8pm.

9.Lifeguards: Weekdays: One (1) certified lifeguard will be on duty from Open to Close. Weekends: one (1) certified lifeguard will be on duty from Open to Close each day. One additional lifeguard will be on duty from 12:00 to 5:00p.m

Note: Lifeguards are not employed as baby-sitters.

10.Lifeguard Area: Do not congregate around the lifeguard(s) or engage them in unnecessary

conversations while they are on duty. Only the lifeguard(s) on duty may climb or sit on

the lifeguard tower (if applicable). No hanging or playing on lifelines (if applicable) will

be permitted.

11.Pool Closing:No swimming is allowed unless a licensed lifeguard is on duty. At the discretion of the Pool Manager or Lifeguard, the pool may be closed at any time during mechanical breakdowns or other operational difficulties. The pool will be closed during electrical storms and inclement weather.

12.Rain Days: On rainy days, there will be a lifeguard at the pool until 7:00 p.m. At that time, if the weather is still unsuitable for swimming, the pool will be closed for the day. Aqua Tech Pool Management has the right to close the pool early in the event of severe weather, as defined by the National Weather Service.

13. Break/Adult Swim: There will be a ten-minute break once every hour (or adult swim). The pool will be cleared of all children (17 years and younger) for a period of ten minutes. Adults only are allowed to swim at their own risk during the break. During this break, there will be no lifeguard(s) on duty and neither the Pool Manager nor the lifeguard(s) shall be responsible for adults using the pool during this break.

14.Conduct and Consideration:

  1. Be considerate of others using the pool.
  2. No loud, obscene, lewd, offensive, obnoxious or rude language or conduct is allowed.
  3. No wrestling, ball playing, horseplay, unnecessary roughness, loud music, excessive noise or disturbances that endanger the safety or enjoyment of others will be permitted.
  4. No running, pushing, dunking or causing undue disturbance in the pool area will be permitted.
  5. No diving from the edge of the pool or otherwise is allowed.
  6. Disorderly conduct by adults can be asked to leave

15.Showering: Everyone entering the pool must shower first. The use of cocoa butter, baby oil and other heavy suntan oils cause damage to the pool filter. These lotions are not permitted in the pool. Persons who have put on such lotions are required to take a shower before re-entering the pool.

16.Attire:

  1. Only proper swim attire may be worn in the water. Bermuda shorts, cut-off jeans, etc. are not permitted swim attire.
  2. Persons with longer hair must tie it up while using the pool. Bathers should remove all bobby pins, hair ornaments, etc. that could come loose before entering the pool. The filter system can be damaged when clogged by strings from frayed suits or small items.
  3. Bare feet in the pool area are allowed, but not recommended. Hard-soled shoes are not permitted within the pool area.

17.Baby Pool:

  1. Use of Baby Pool shall be limited to children (age 3 and under) under the direct supervision and control of their parents or guardian.
  2. Lifeguards are not responsible for the baby pool.
  3. All general rules apply to the baby pool.
  4. Children who are in diapers must wear snug-fitting rubber pants over their diaper and a bathing suit on top.
  5. Parents are urged to be cautious with children who are not toilet-trained and to be considerate of their responsibility for safety and cleaning up.

18.Children:

  1. Lifeguards are not employed as baby-sitters
  2. Any child 12 years of age and under must be accompanied at all times by a parent or adult member 18 years of age or over. Residents 16 years of age and over are allowed to accompany siblings that are 12 and under.
  3. Parents are responsible for cleaning up after their children.
  4. Parents are responsible for their children’s actions and behavior.
  5. Children between thirteen (13) and seventeen (17) years of age who have passed a swimming test and display appropriate behavior, shall be allowed to use the pool without parental supervision.
  6. Children who are not toilet trained must wear the following: a swim diaper, rubber pants over the diaper and a swimsuit.

19.Animals: State law prohibits animals in the pool area.

20.Intoxication: Anyone under the influence of drugs or alcohol will not be permitted in the pool area. The lifeguard is authorized to expel unauthorized persons or a person under the influence of drugs or alcohol to leave. Should the need arise, the lifeguard may call the police for assistance.

21.Furniture:

  1. Pool furniture is available on first come, first served basis, and may not be reserved.
  2. Adult members and guests shall be given first priority to the poolside furniture.
  3. As a courtesy, those under eighteen (18) are asked to relinquish furniture to adults.
  4. It is requested that all members and guests protect the poolside equipment and property. Any pool property damaged due to the fault or negligence of a member or a member’s family or guest must be repaired or replaced by the responsible member.
  5. Members may provide their own lounge furniture, but it may not be stored in the pool area.

22.Food and Drink:

  1. Nodrinking or eatingwithin 4 feet of the pool.
  2. No glass containers of any kind are allowed in the pool area. All beverages must be in metal, plastic or paper containers.
  3. No illegal drugs of any kind will be permitted in the pool area.
  4. Alcoholic beverages are permittedprovided they are not in glass containers and this privilege is not abused.
  5. Please help keep the area clean. Use and encourage others to use the trashcans and other receptacles provided.
  6. No chewing gum permitted in the pool area. (Red Cross Safety Suggestion for the prevention of choking.)
  7. Barbecues are permitted only outside the pool area, must be at least 5 feet from the fence perimeter of the pool. Ashes from charcoal barbecues must be cold and disposed of in a safe manner. The barbecues are to be used only by adults (18 years of age or older).

23.Floatation Devices:

  1. Swim goggles and small floating items, upon lifeguard’s discretion; will be allowed in the pool.
  2. No other floatation devices such as rafts or floating chairs will be allowed in the pool.

24.Water: Spouting of water, expectorating and blowing of the nose, or urinating in the pool is not permitted.

25. Occupancy: The number of persons admitted to the pool area at any time will be subject to the Pool Manager’s or the lifeguard’s decision.

26.Large Groups/Special Events:

  1. If a member wishes to use the pool for a special party (i.e., child’s birthday), it must be during hours of operation Monday through Friday, the guest rules will be expanded to a maximum of fifteen (15) guests for a one-hour period. Reservations must be made with the Pool Manager at least two weeks in advance and the appropriate passes obtained and fees paid. The pool will not close its normal activities during this time. Children attending such functions should be kept consolidated as much as possible. Parental supervision is required. There must be one adult for each five children.
  2. Lifeguard arrangements need to be made in writing at least seven (7) days in advance for any other types of special events and/or after-hours parties at the request of members. Appropriate charges will be applied and paid for by the requesting members in accordance with the pool contract. Please note that no lifeguard shall be provided beyond the hour of 12:00 AM and that the provisions of the Kerry Greens Declaration of Covenants Conditions and Restrictions will also apply. For further information and details, please contact the Pool Manager.
  1. Trespassing: Anyone trespassing in the pool area after hours is subject to immediate arrest. Suspension of all pool rights for the remainder of the summer may also be imposed.
  1. Authority:
  1. The Pool Manager and its lifeguards, Board of Directors and Pool Committee members have been delegated authority and responsibility for the enforcement of these Rules and Regulations. They have the authority to deprive anyone the use of the pool and the pool area for the remainder of the day on which an infraction of the Rules and Regulations occurs. Within 24 hours of taking such action, they must notify, in writing, the Board of Directors and/or Chairperson of the Pool Committee and provide a brief outline of the people involved and the rules that were violated. Continued violations of the Rules and Regulations may lead to suspension of pool privileges for the remainder of the season.
  2. Lifeguard(s) are employed to ensure the safety of the swimmers. They have authority to expel from the pool or pool area anyone disobeying the rules or endangering the safety of himself or another person. The lifeguard has authority to suspend an offender(s) for one day.
  3. LIFEGUARDS HAVE THE ULTIMATE AUTHORITY IN THE POOL AREA.
  4. The Board of Directors may suspend the pool facility rights for an entire family should a resident, family or Guest fail to comply with the Rules and Regulations.
  1. Parking: Members and guests using the parking spaces shall drive slowly and carefully on the roads to and from the parking area. All motor vehicles and bicycles shall be parked in the designated area.
  1. Swimming Instructions: Group, private and semi-private swimming instructions can be arranged through Aqua Tech Pool Management at the request of the Association members and in accordance with the pool contract. If interested, please contact Aqua Tech Pool Management or the Board of Directors for further details. Fees for any instructions are the sole responsibility of the individuals taking the lessons.
  1. Telephone: An emergency telephone is provided at the pool. This telephone is for emergencies only.
  1. No Smoking: The Kerry Greens pool and pool area is a smoke free zone. Smoking is not allowed on the pool deck, in the pool, in the bathrooms or in the entrance area.
  1. Contacts:
  1. Aqua Tech Pool Management (704) 644-3121
  1. Board of Directors:

Fred von Schmeling

Jim Taylor

Doug Demick

Tabitha Cline Mills

3. Braesael ManagementCompany(704) 847-3507

PO Box

Matthews, NC 28106

  1. Pool Committee Chairpersons

Vacant

Revised - May 1, 2014

1