MAY 2023.RULES & REGS

RULES AND REGULATIONS

Through May 2023

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F RENCHMAN’S CREEK, INC. RULES AND REGULATIONS

TABLE OF CONTENTS

ARTICLE

PAGE

I.

AUTHORITY & PURPOSE

5 5 7 7 8

II.

DEFINITIONS

III.

RECREATIONAL FACILITIES

A. Appropriate Attire B. Guest use of Facilities C. Golf Courses D. Racquet Sports Facilities E. Fitness Center, Spa and Pools F. Dining Facilities G. Reservation and Cancelation Policy H. Card/Game Room I. Mobile and Audio Devices J. Pets K. Events using Recreational Facilities L. Designation of Second User by Individual Owner M. Lightning

11 17 19 20 21 21 21 22 23 23 24 24 24 25 25 27 27 27 28 29 37 37 38 38 48

IV.

SMOKING ON COMMON PROPERTY

V.

TRAFFIC RULES

VI.

PROCESS SERVERS, DELIVERIES AND SECURITY CODE OF CONDUCT TOWARDS STAFF CODE OF CONDUCT TOWARDS MEMBERS CODE OF CONDUCT TOWARDS ASSOCIATION

VII.

VIII.

IX.

X.

USE OF LAKES AND CANALS

XI.

COMMERCIAL USES AND CONTRACTORS

XII.

EQUITY PAYMENT REQUIREMENTS AND REFUND TERMS

XIII. XIV. XV. XVI. XVII.

LANDSCAPING AND APPEARANCE GUIDELINES

COMMUNICATIONS HURRICANE POLICY

GRIEVANCE PROCESS AND GUIDELINES

PROHIBITION AGAINST ADVERTISING OR LISTING RESIDENCE FOR SHORT TERM RENTAL OR VACATION SWAP

XVIII.

DELIVERY OF BALLOTS

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FRENCHMAN’S CREEK, INC. RULES AND REGULATIONS (through May 2023)

I.

AUTHORITY AND PURPOSE; ASSUMPTION OF RISK (Adopted: May 23, 2023)

A. The following Rules and Regulations (the “Rules”) were adopted by the Board of Governors of the Association in accordance with the Merged Amended and Restated Declaration of Covenants and Restrictions for Frenchman’s Creek (the “Declaration”) and the Merged Amended and Restate d By- Laws of Frenchman’s Creek, Inc. (the “By - Laws”) and may be amended, modified and interpreted from time to time by the Board of Governors. B. The Rules have been formulated to afford the Membership the opportunity to enjoy the facilities of Frenchm an’s Creek in an atmosphere of mutual respect and civility and in accordance with the terms of the Declaration. C. Members and Guests are responsible for knowledge of and adherence to the rules. A violation of these Rules by the Guests of a Member will be treated as a violation by the Member.

D. Members and their guest(s) assume all risk of injury, damage and loss when on or using any Association facilities and common areas.

II.

DEFINITIONS: (Adopted: May 23, 2023)

A. All terms defined in the Declaration shall have the same meanings for the purpose of the Rules.

B. Guest shall mean anyone whose name is not on the Recreational Certificate and who is invited by a Member.

1.

Immediate Family Guests shall mean the sons, daughters, sons-in-law, daughters-in-law, parents, grandchildren and great-grandchildren and their respective spouses and step-offspring of any generation of the Recreational Certificate holder.

2.

Non-Immediate Family Guests shall mean all Guests that are not Immediate Family Guests.

5

In Season means October 1 st through May 15 th .

C.

D. Co-habitant , for the purposes of exempt status from the obligation to pay a full equity payment at the time of acquisition of title under Article IV, Section 3(C), of the Declaration, shall be a natural person meeting all of the following criteria: 1. The person must be designated as a Co-habitant by the Member in writing, on such forms as may be required by the Association. The written designation of the person as the Member’s Co -habitant must occur at least one (1) year before the Co-habitant acquires title, provided that a) the accrual of time towards the one (1) year period required for this exemption terminates at the time of the death of the Member if the Member’s death occurs before the passage of one (1) year from the date of the designation of the Co-habitant; and b) a Member whose Co-habitant has resided with the Member at Frenchman’s Creek prior to the submission of the written designation required by this provision may request in writing that the one (1) year requirement be reduced by the amount of time the Co-habitant has resided with the Member at Frenchman’s Creek prior to such submission and any such reduction of the one (1) year requirement shall be at the discretion of the Board and shall be effective only if made in writing by the Board; 2. A person designated in writing to the Association as a Co-habitant prior to the enactment of this Rule shall be deemed designated for the purposes of this Rule if the designee meets all of the other requirements of this Rule to qualify as a Co-habitant;

3.

The Member must be the sole Owner of the Lot, the sole equity interest holder of a corporation or partnership which owns a Lot, or the sole grantor or beneficiary of a trust which owns a Lot, and the Co-habitant must be the Member’s designated second person with rights to use the Recreational Facilities pursuant to Article IV, Section 4, of the Declaration and must meet the requirements set forth in Article X of the Rules regarding Co-habitants;

4.

The Co- habitant must be a natural person and must reside in Frenchman’s Creek with the Member;

5.

The Co-habitant may not be a person compensated by the Member as an employee or independent contractor; and

6.

The Board of Governors reserves the right to deny exempt status as a Co- habitant if the Board of Governors, in its reasonable discretion, determines the designation of the Co-habitant was made in bad faith for the purposes of avoiding liability for the equity payment.

6

III.

RECREATIONAL FACILITIES (Adopted: May 23, 2023)

A. Appropriate Attire: The Club expects Members and their Guests to dress appropriately and presentably at each of the Club’s venues, while recognizing the wide range of preferences among Members and evolving cultural standards regarding attire. Subject to this general guidance, Members and their Guests should adhere to the following minimum dress requirements at each venue listed below:

1.

Hats are not permitted for dinner in any dining venue after 5:30 p.m.

2.

Footwear is required in all dining facilities.

3.

All Dining Venues, with the exception of the Beach Club and the Grille Room:

The following dining attire is acceptable:

a.

Breakfast and Lunch: Shorts, skirts, t-shirts, workout attire other than uncovered or wet bathing suits (towels are not considered covering).

b.

Dinner: Appropriate shorts, slacks (including jeans), pants, skirts, dresses, collared shirts, uncollared fashion or golf shirts.

Grille Room (in our new Clubhouse) : (to be determined later)

4.

5.

Beach Club: a.

Lunch (Inside): Shorts, skirts, dresses, t-shirts, workout attire other than uncovered or wet bathing suits (towels are not considered covering).

b.

Lunch (Outside): Shorts, skirts, dresses, t-shirts, workout attire.

c.

Dinner: Appropriate shorts (including golf wear),pants, slacks (including jeans), skirts, dresses, collared shirts, uncollared fashion or golf shirts.

6.

Golf: a.

Proper golf attire is required on the Golf Courses, the short game practice area, practice putting green and the south end of the driving range and recommended on the north end of the driving range.

b.

Women are not permitted to wear tank tops, jeans, tennis shorts, leggings or spandex, unless part of a skort.

7

c.

Men are not permitted to wear cargo shorts, cut-offs, swim suits, jeans, tennis or athletic-style shorts or sleeveless shirts.

d.

Collared or mock-collar shirts are mandatory for men and it is recommended that men tuck their shirt tails in.

e.

Hats must be worn bill forward.

f.

At the north end of the driving range all Members and Guests must wear shirts (including sleeves for men) and either shorts, skirts or pants and some type of foot covering.

7.

Racquet Sports: a.

Proper tennis attire is required for all racquet sports.

b.

Women are not permitted to wear jean shorts, sports bras worn as a t-shirt, sheer tops or bottoms revealing undergarments. Leggings, yoga, or athletic workout/compression shorts are permitted if covered by a proper shirt. Men are not permitted to wear jean shorts, uncovered compression shorts, tank tops or cutoff t-shirts.

c.

d.

Proper tennis shoes are required on racquet sports courts. No running, walking, golf shoes or sandals are permitted.

8.

Fitness Center, Spa and Pools: a.

Proper fitness/workout attire is required at all times in the Fitness Center.

b.

Shirts are required at all times in the Fitness Center.

c.

Closed-toed, non-cleated shoes are required at all times when using the cardio and weight lifting equipment.

d.

All swimmers must wear appropriate swimming attire in the pool.

e.

Children who are not toilet trained must wear "swimming diapers” in the pool.

B.

Guest Use of Facilities:

1. 2.

All Members must register their overnight Guests with the POA Office.

Privileges: (except as specified below) :

a.

Immediate Family Guests may use the recreational and clubhouse facilities (golf, racquet sports, fitness center, beach club, card

8

rooms, business center/library and dining areas) an unlimited number of times per year when accompanied by the Member and a maximum of thirty (30) days per year if not accompanied by the Member. Non-Immediate Family Guests may use the Recreational Facilities, subject to the terms of these Rules, a maximum of fifteen (15) days per year.

b.

c.

Lessees of dwellings may not use the Recreational Facilities except as specifically permitted in the Declaration.

.

3.

Guest Fees: All Guest usage of the Recreational Facilities shall be subject to such fees as the Board may prescribe from time to time on a separate fee schedule.

4.

Golf Courses:

a.

Usage:

i. Members must register all Guests, including Immediate Family Guests of any age, in the Pro Shop or with the Starter. Immediate Family Guests under the age of thirteen (13) may play if accompanied by a Member, or with the prior approval from the Director of Golf or a member of the Golf Staff, if playing with an Immediate Family Guest. Playing Times: In Season, Members may play with their Guests before 8:00 a.m. or after 12:00 p.m. unless authorized to play earlier by the Golf Staff or the Director of Golf. ii. All Guests must register with the Racquet Sports Pro Shop prior to using the racquet sports courts. The Director of Racquet Sports will track usage of the facility. Guests may use the facilities without being accompanied by a Member, during non-primetime hours (prior to 8:30 a.m. and after 10:00 a.m.). Players invited to play at Frenchman's Creek on a given day due to their specific skill level must be accompanied by a Member. Invited players cannot play during holiday weeks. ii. iii. Usage: i.

b.

5.

Racquet Sports Facilities:

a.

9

iv. If specifically approved by the Director of Racquet Sports, certain Guests may use the racquet sports facilities more frequently than limited by the rules in Article III.B.2. above. The Director of Racquet Sports will consider court availability before approving individuals to use the racquet courts more than otherwise permitted. The Director will track court usage by these players and report monthly to the Executive Director. Once a Guest has been assigned to a game, changes will not be made within 5 days prior to the playing date. Guests may play during primetime hours only if they are playing in a doubles game with Members, unless otherwise approved by the Director of Racquet Sports. A Member may have up to (2) Guests during primetime. If approved by the Director of Racquet Sports a Member may play with three (3) Guests prior to 10:00 a.m. viii. Children under the age of 13 must be accompanied or supervised by an adult while using the Racquet Sports Facilities. Members’ children and grandchildren will be allowed to have Guests participate in racquet sports lessons, clinics, or camps. All costs will be the sole responsibility of the Member. v. vi. vii ix

x.

The racquet sports professionals are authorized to give instruction to a Member’s family and their Guests.

xi.

Guests may participate in any clinic if space is available.

b.

Playing Times:

i.

During Holiday weeks, Guests not accompanied by a Member are not permitted to play during prime time, unless approved by the Director of Racquet Sports. A Member playing with three Guests before 10:00 a.m., will be accommodated only if no groups comprised of two or more members have requested the same court by 4:00 p.m. on the day prior to play.

ii.

6.

Fitness Center, Spa and Pools – General:

a.

Children under the age of thirteen (13) are permitted in the Fitness Center, locker rooms and bathrooms only under direct adult supervision. Children between the ages of thirteen (13) and sixteen

10

(16) are permitted in the Fitness Center, Spa, locker rooms, salt room, saunas, steam rooms only under direct adult supervision.

b.

Subject to availability, Guests are welcome to attend classes or use individual services.

c.

Cancellation of any Personal Training appointment or Spa service must be made twenty-four (24) hours in advance to avoid being charged the full price of the session/service. For safety purposes, Members and Guests must provide pertinent health information to the trainer/therapist before any service is rendered.

d.

e.

Fitness Center:

i.

All Guests must sign in with the Fitness Staff prior to exercising.

ii.

Except as provided in 6.c., In Season, Guests may not use the Fitness Center between the hours of 8:00 a.m. and 10:00 a.m., with a further limitation applied during the period of December 17th through January 3 rd , when restricted use extends from 7:00 a.m. to 11:00 a.m.

iii.

When Members or Guests are waiting, use of cardiovascular equipment is limited to thirty (30) minutes.

7.

Card/Game Room: Each Non-Immediate Family Guest may use the card/game rooms a maximum of fifteen (15) times In Season, and must be accompanied by the Member.

C.

Golf Courses:

1.

General Rules of Play:

a.

All instructions from the Rangers and the Golf Professional Staff must be obeyed.

b.

All players must register with the golf shop or Starter prior to beginning play.

c.

All players must start from either the first or tenth tees, unless otherwise instructed by the Starter, or participating in a golf event with a shotgun start, except as noted in d below.

d.

In Season, after the Starter has left for the day but not before 3:30 p.m., players need not start from the first or tenth tee. Out of

11

season, players may start after the Golf Professional Staff has left the starter area.

e.

In no event can players jump in front of or cut in front of players already on the course if it would interfere with Pace of Play.

f.

No group may have more than four (4) players, unless authorized by the Golf Professional Staff.

2.

Etiquette:

Golf Course etiquette conveys respect for the players and the course. These are not “Rules of the Game,” but “Traditions of the Game” that demonstrate, integrity, self-policing, taking care of your surroundings, and being aware of the players around you.

a.

Members may not engage in conduct likely to endanger the welfare, safety, or good reputation of the Club or its Members while using the golf courses or practice facilities. All the players in a group are encouraged to hold each other accountable for the group’s decorum and etiquette. Players must repair their ball marks on the greens; replace all divots with sand; remove all tees from the teeing areas; place all trash in trash receptacles; and rake footprints and depressions after bunker shots. Always enter and exit bunkers at the low side on the same path to avoid damage to the bunker face. A golf cart may be driven on the Golf Courses between dwellings and all Club facilities, provided such use does not interfere with those playing golf. Practicing on the Golf Courses is strictly prohibited, except when taking a lesson from a golf professional approved by the Director of Golf.

b.

c.

d.

e.

f.

Restrooms are provided at several locations around the golf courses. Their use is required.

3.

Non-Golf Usage of Golf Courses:

a.

The use of any portion of the Golf Courses for any purpose other than golf is prohibited except as specifically permitted by this Rule.

b.

Except as approved by the Board the Golf Courses are for golf only between 7:30 a.m. and 6:30 p.m.

c.

After sunset, members may walk on the golf courses as long as

12

they have reflective gear.

4.

Range Use and Lessons: a.

No person may hit balls onto the range except from the designated tee areas. No balls may be hit onto the range from the short game practice area. It is recommended that children under the age of thirteen (13) years may use the North end of the driving range for practice and/or when taking a lesson. Such children must be accompanied by a supervising adult or golf professional.

b.

c.

All use of the practice facilities must stop at the posted closing time.

d.

Range balls shall not be removed from the practice facilities and may not be used on the Golf Courses.

e.

Only golf professionals authorized by the Director of Golf may give lessons on the Golf Courses or the practice facilities.

f.

Golf carts may not be driven on the south end of the driving range, unless authorized by the Golf Professional Staff.

5.

Use of Golf Carts:

a.

A valid driver’s license is required to operate a golf cart.

b.

In Season, players may not use more than two carts when playing in a threesome or foursome or more than one cart when playing as a twosome unless otherwise authorized by the Golf Professional Staff.

c.

Golf carts must be operated in strict accordance with posted requirements and instructions from the Ranger.

d.

Where provided, it is recommended that golf course cart paths be utilized, but they must be used near tees and greens. Players are required to remain on golf course cart paths on par 3 holes, with the exception of the 13 th hole south, which can be crossed at 90 degrees. No golf cart may be driven past the blue stake and the white chalk line across the fairway. No golf cart may be driven within ten (10) yards of the outer edge of the green collar, tees, green-side bunkers, or as otherwise indicated.

e.

f.

After rain, golf carts must avoid soft areas on fairways and use the roughs when possible.

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g.

All cart path signs must be strictly followed. When cart path only signs are posted, all carts, including those with disability flags, must remain on cart paths at all times.

h.

Medical Disability:

i.

Members with a medical disability, who have been granted a state issued disability drivers certificate or who have received approval from the Director of Golf must display a distinctive flag on their golf cart. Eligibility for the continued use of such a flag and the related privileges will be reviewed periodically but no less than annually. Such flag permits the disabled Member to approach greens and tees no nearer than five (5) yards to the outer edge of the greens collar and tees (but must be parked to the side or rear of the greens and tees) and no nearer than five (5) yards to green-side bunkers and edges of water hazards, but does not permit the Member to drive on the south side of the driving range. Members granted a medical flag must comply with Pace of Play requirements and must repair damage to the golf courses. including repairing divots and ball marks, raking bunkers, and repairing scuff marks on the greens.

ii.

iii.

iv.

Under no circumstances shall a cart with a disability flag drive between the green and green-side bunker.

v.

A Member with a disability flag may cross a Par 3 at right angles using the 90° rule.

vi.

The Director of Golf may make additional accommodations for Members in the case of disability.

6.

Private Golf Cart Use:

a.

Members in good standing have the privilege of using their personal golf carts on the golf courses.

b.

It is recommended that privately owned golf carts have the Members first and last names on their private golf cart. Anything that is of a political and/or commercial nature may not be affixed, written, painted or flown on a privately-owned golf cart. Only private golf carts with low profile or golf turf tires will be allowed on the golf courses. All terrain tires or tires with aggressive tire tread patterns are not permitted on the golf courses.

c.

d.

No person may operate a golf cart within Frenchman’s Creek

14

unless the Member submits proof of insurance covering the operation of the golf cart to the Association office, with liability coverage in the amount of at least $500,000.00. In addition, the Board may impose such other conditions on the use of a golf cart as it deems reasonable and necessary.

7.

Ranger Operations:

a.

Rangers act under the authority of the Director of Golf. They are authorized to enforce the golf rules and assist play. They may courteously remind players of course etiquette and ask them to be respectful of the courses, golf cart restrictions and other players’ rights. They shall ensure that all players maintain Pace of Play. The Pace of Play expectation is that nine (9) holes should not take any longer than 2 hours, and eighteen (18) holes should not take longer than 4 hours. If the Ranger determines a group has slowed Pace of Play, the Ranger shall request the group to speed up. If after one full hole the slow group has failed to do so, the Ranger is authorized to direct the slow group to:

b.

c.

i.

Allow the group behind to play through; or

ii.

Pick up their balls and move to an appropriate position closer to the group in front of them.

d.

If the slow group fails to follow the Ranger’s directions, the Ranger is authorized to report the names of the players in that group to the Director of Golf and the Chairman of the Golf Committee for appropriate action, which may include referral to the Executive Director and the President of the Board of Governors.

8.

Golf Caddies and Member Walking:

a.

When available, caddies are recommended for Member and Guest play.

b.

After 3:30 p.m., when a caddie is not available, a Member may use a pull cart, electric carry cart, or carry bag as long as the Pace of Play is maintained.

9.

Golf Handicap: a.

In order to play in Club-sanctioned golf competitions, competitors are required to post an accurate score to the U.S.G.A. GHIN system after each round. Members should post their score on the

15

day of play, as handicaps are calculated daily.

b.

A player’s handicap may be referred to the Golf Committee for review and possible handicap adjustment. Failure to comply with handicap rules may result in handicap adjustment and/or being barred from competition.

10.

Starting Times: a.

The Director of Golf has the responsibility for starting times on both Golf Courses and may delegate his authority to the Starter.

b.

The first available starting time is 7:30 a.m. unless otherwise authorized by the Golf Professional Staff.

c.

Tee times will be assigned in the manner determined by the Director of Golf and the Board of Governors. After times are posted, Members may check with the Starter for availability of any unassigned times. Each golfer must report to the Starter at least ten (10) minutes prior to his or her group’s assigned starting time. The Starter is authorized to reassign the starting time of a group not ready to start at its designated time slot. After the Starter has left for the day, the above does not apply. Players choosing to interrupt their play for an extended period, as determined by the Starter, must request a new starting time for the second nine.

d.

e.

11. Rules of Golf and Golf Etiquette: The game of golf is based on etiquette, courtesy, respect and the adherence to rules. The rules and etiquette are absolute. Anyone who fails to adhere to the rules will be reported to the Director of Golf and the Chairman of the Golf Committee for appropriate action. For minor violations of the golf rules (such as wearing inappropriate attire, failure to fill divots or ball marks on the green), the following will apply:

a. Violation 1: The Director of Golf will communicate with the offender, reminding the individual to adhere to the golf rules.

b. Violation 2: A formal letter will be sent from the Golf Committee, reminding the offender to adhere to the golf rules.

c. Violation 3: A third violation within a six-month period will be reported to Senior Management on a Violation Reporting Form, and the offender may be referred by the Executive Director, the Board President or any two Board Members to the Grievance Committee.

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For non-minor violations of the golf rules (such as driving a cart on a green or inappropriate behavior), the Director of Golf may either (i) follow the sequence described above for minor violations or (ii) go directly to clause c and submit a Violation Reporting Form to Senior Management with respect to the violation. Non-minor violations of the golf rules may also be addressed in the same manner as other violations of these Rules by any Member or staff Member filing a Violation Reporting Form. Recommended Grievance Action: The following are recommended sanctions to be applied by the Grievance Committee for minor violations of the golf rules: a. After a third violation of any golf rules within a six-month period, a one-week suspension from golf (for the offending Member only, not entire family), including the golf courses, the practice greens, the practice range and short game area. b. For every additional violation of the golf rules within six-month period, the number of weeks golf privileges will be suspended shall equal the immediate previous suspension plus one additional week. Violations of the golf rules which are referred to the Grievance Committee will be addressed by the Grievance Committee in accordance with its normal practice.

12.

D.

Racquet Sports Facilities:

1.

General Rules of Tennis Play and Etiquette:

a.

Prime time is the period from 8:30 a.m. to 10:00 a.m., seven (7) days a week.

b.

The Tennis Facility observes the U.S. Tennis Association (USTA) Court Rules at all times.

c.

All players must be rated by the Racquet Professional Staff.

d.

Players must conduct themselves in a manner so as not to interfere with or disturb players on adjacent courts.

e.

Racquet throwing and abusive language are not permitted.

2.

Pickleball Rules of Play and Etiquette:

a.

Round Robin play is held Tuesday, Thursday, Saturday and Sunday from 8:30 am - 11:00 am.

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b.

Players must bring their own pickleball balls.

c.

Members are permitted to arrange their own games, except during Round Robin days/times.

d.

When courts are full and players are waiting to play:

i.

Court time will be shared equally.

ii.

No singles games will be permitted if courts are being used for doubles play.

iii.

A game is limited to 7 points, win by 2.

iv. Members must exit the court immediately following their game. “BALL ON” announcement is required when a ball is hit onto another court.

e.

f.

Wait until play has stopped before crossing courts.

g.

All courts are open to all skill levels.

3.

Arranging Game Policy: a.

Players who want the Racquet Professional Staff to arrange a game must sign up 5 days in advance. Games arranged by the Racquet Professional Staff must be accepted by players. Members are not permitted to rearrange games once the foursome has been arranged by the Racquet Professional Staff. The Racquet Professional Staff will arrange games with players of similar ratings or skill levels of play. If a Member is not satisfied, he or she should arrange his or her own game. Members must make their own phone calls. Avoid last minute cancellations unless due to illness or emergencies. When the Racquet Professional Staff organizes a round robin event, Members must be prepared to play with players of any level. Cancellations of any Racquet Sport lesson must be made twenty four (24) hours in advance to avoid being charged the full price of the lesson. Golf carts, bicycles, roller blades, skate boards, scooters, Segways, and similar devices are not permitted on the patio, adjacent walkways or around the Racquet Sports courts.

b.

c.

d.

e.

f.

4.

Miscellaneous:

a.

b.

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c.

Golf carts, bicycles and other vehicles must be parked in designated areas.

E.

Fitness Center, Spa and Pools :

1.

Cancellations of any Personal Training appointment or Spa service must be made twenty-four (24) hours in advance to avoid being charged the full price of the session/service.

2.

For safety purposes, Members and Guests must provide any pertinent health information to the trainer/therapist before any service is rendered.

3.

Gym:

a.

When Members or Guests are waiting, use of cardiovascular equipment is limited to thirty (30) minutes.

b.

Fitness Center users are responsible for reviewing and following equipment safety instructions. The Fitness Center Director, or a designated representative, is empowered to prohibit any user from using equipment in an unsafe manner.

c.

Fitness Center users must sanitize equipment after use.

d.

All equipment must be returned to its proper location after use.

e.

Towels and robes are only for use at Club facilities and are not for home use. Any towels and robes removed from the facilities must be returned within 48 hours.

4.

Spa:

a.

All Spa users must respect the Spa Lounge and Treatment areas as a quiet zone.

b.

Children under the age of thirteen (13) must be directly supervised by an adult. Children under the age of five (5) are not permitted in the Spa.

5.

Locker Rooms:

a. Fitness Center lockers are for daily use only. Overnight storage of a Fitness Center user’s personal property is not permitted.

b. Fitness Center users assume all responsibility for any loss of personal property deposited in the day lockers.

c. Shaving or lathering in steam rooms and saunas is not permitted.

d. Locker room and bathroom use is for Members and Guests thirteen

19

(13) years of age and older. Children under the age of thirteen (13) may use the locker room and bathroom under direct adult supervision.

6.

Lap & Recreational Pools:

a. Pools are open from sunrise to sunset.

b. No lifeguards are on duty. Swimmers swim must obey all posted signs in the pool area.

c. Children under the age of thirteen (13) must be supervised by an adult at all times.

d. Boogie boards are not permitted in the pools.

e. Infants must wear “swimming diapers”. f. Pool furniture may not be removed from the pool deck area, and must be covered with towels when lotions are used.

g. A Staff Member must be immediately notified in the event of pool contamination (defecation, urination and vomit).

F.

Dining Facilities

1.

Reservations

a.

Members are requested to make reservations as early as possible to assist management in calculating the necessary staffing needs and selecting appropriate menu choices. Members are requested to provide timely notice of changes or cancellations. Reservations consisting of twelve (12) or more Members and guests or where a request is made for a private area or room, will be considered a private party. Pricing is subject to the applicable service charge and sales tax.

b.

2.

No person under the age of twenty-one (21) is permitted to be seated at any of the bars.

3.

Only persons authorized to exercise the rights provided by the Recreational Certificate, as identified in Article IV, Section 4, of the Declaration, and Immediate Family Guests, also defined in the aforementioned Article of the Declaration are permitted to sign chits and affix the Member’s account number.

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G.

Reservation and Cancelation Policy: (Adopted: September 20, 2022;Effective October 15, 2022, for all club events)

1.

Guests : Club Events will initially be available only to the membership, except for single members, who are welcome to bring one Guest with them. If the event is not fully committed seven (7) days prior to the event, the entire community will be notified that the event is now open to members’ Guests. At such time Guest reservations will be available on a first-come first-served basis. Reservations : Reservations are required for all Club events (walk-ins will not be accommodated). Due to limited seating, reservations for selected events will not open until 60 days prior to the event. Reservation-opening dates for these events will be listed in the Season Handbook. Confirmation : Once a reservation has been made online or via phone, a confirmation email will be sent to all members listed on the reservation. The email confirmation will include detailed information about cancelation fees and procedure. Reservation reminder emails will be sent to all members with reservations two weeks prior to the scheduled event. Cancelations made within 48 hours of the event will be subject to a 50% late cancelation fee UNLESS those seats can be filled by parties on the wait list. No Shows will be billed at 100% of the event price. There is no charge for cancelations made more than 48 hours prior to the event start time.

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4.

H.

Card/Game Room.

1.

The women or men’s card/game rooms may not be used for any function other than card/game playing without the authorization of the Executive Director.

2.

Children under the age of Thirteen (13) are not permitted in the card/game playing areas while play is in progress.

3.

Card/game room playing is permitted in the dining facilities only if approved in advance by the Executive Director. Dining has priority.

4. Each Guest may use the card/game rooms a maximum of fifteen (15) times In Season each year and an unlimited number of times not In Season, and must be accompanied by the Member at all times.

I.

Mobile and Audio Devices:

1.

Use of mobile devices is not permitted while driving a motorized vehicle within Frenchman’s Creek, unless using hands -free features.

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2.

Except as described below, talking on mobile devices is not permitted within the golf courses, golf practice areas, the racquet sports courts, Fitness Center & Spa, food and beverage venues, and meeting rooms when being used for a meeting. Talking on mobile devices is permitted (a) in all locker rooms, (b) in the Racquet Sports and the Golf Shops, (c) in meetings at any venue with the consent of the meeting organizers, and (d) at any venue in cases of emergency, or for briefly responding (in less than 30 seconds) to incoming calls. Mobile devices may not be used in any venue in a manner that would enable others to hear any sounds coming from the phone (such as music, or using a speaker phone), other than when a mobile device is used as a golf GPS device on the golf course.

3.

4.

5. Personal audio devices are permitted in public areas of the community only when inaudible to others.

6.

Golf: At any golf facility, mobile devices and Bluetooth speakers may be used only with prior approval of all Members of the foursome. It is recommended that mobile devices be kept on silent or vibrate.

7.

Racquet Sports Facility:

a.

Mobile devices must be silenced while on all racquet sports courts.

b.

If a mobile device must be used, Members must step outside the court area.

J.

Pets: 1.

Members are responsible for the behavior of their pets.

2.

Pets are not permitted in any Frenchman’s Creek venues including dining areas and recreational facilities, except in designated areas or as provided below.

3.

Members are responsible for cleaning up after their pets.

4.

No person may walk a pet on the roadways within Frenchman’s Creek while driving in a golf cart.

5.

All pets must be on a leash, except in a fenced-in backyard or the dog park.

6.

Members’ pets are permitted on the Golf Courses from 6:30 p.m. to 7:30 a.m., and at any other time that non-golf usage of the golf course is permitted. The Member must accompany the pet and may do so on foot or

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in a golf cart, provided the pet is on a leash. At all times golfers have priority on the golf courses; all other users must yield to golf play.

7.

Pets exhibiting aggressive behavior are not permitted to use the dog park or the golf courses.

K.

Events Using Recreational Facilities.

1.

No Member may use the Recreational Facilities for any event, except as permitted by the Executive Director.

2.

The following events are subject to the oversight of the Executive Director:

a.

Frenchman’s Creek Charity Weekend.

b.

The Men’s Charity Health Day.

c.

The Frenchman’s Creek Women for UF Scripps Bio medical Research Event.

3.

No active solicitation is permitted at any Frenchman’s Creek venue, unless approved in advance by the Executive Director.

4. The Frenchman’s Creek logo shall not be used with any event using the recreational facilities unless approved in advance by the Executive Director.

5.

The Frenchman’s Creek venues shall not be used for political activities.

L.

Designation of Second User by Individual Owner.

1. An individual owner shall be a natural person who is the sole title holder of a Lot or the sole designee of an entity or trustee holding title to a Lot, and shall have the right to designate a second person authorized to exercise rights under the Recreational Certificate pursuant to Article IV, Section 4, of the Declaration. For the purposes of these Rules and Regulations, all references to Members shall include any person designated as a second person authorized to exercise rights under the Recreational Certificate by an individual Owner pursuant to Article IV, Section 4, of the Declaration, and such persons shall not be considered guests. 2. If an individual owner has designated a Co-habitant, the Co-habitant shall be the second person authorized to exercise rights under the Recreational Certificate. If an individual owner is married, the spouse shall be considered the second person authorized to exercise rights under the Recreational Certificate.

3. If an individual owner has not designated a Co-habitant, the second person authorized to exercise rights under the Recreational Certificate:

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a.

Must be designated in writing by the individual owner on such forms as the Association may require;

b.

Must reside with the individual owner or be an immediate family Member; and

c.

May not be an employee or independent contractor receiving compensation from the individual owner.

4.

An individual owner may not designate a second person authorized to use the Recreational Facilities more than once in a twelve (12) month period, measured from the date of the most recent prior designation of a second person authorized to use the Recreational Facilities, except in the event of the death of the designee. Notwithstanding any other provision of these Rules, once an individual owner designates a second person authorized to use the Recreation Facilities, the individual owner may bring other guests to the Recreational Facilities, subject to applicable guest fees. An individual owner who has not designated a second person authorized to use the Recreational Facilities may have one guest without payment of a guest fee subject always to the Guest Rules set forth herein.

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6.

M.

Lightning:

1.

If the lightning warning system is activated, all persons must leave any outdoor Recreational Facilities and seek indoor shelter, and return only when the “all clear” signal has been given.

IV.

SMOKING ON COMMON PROPERTY

Smoking is not permitted in any portion of the Common Property or Recreational Facilities except as authorized by the Board of Governors in areas authorized by Florida law.

V.

TRAFFIC RULES

A. All drivers must comply with these Rules and posted traffic requirements. Notices of violation may be issued by Security personnel.

B. No person without a valid driver’s license may drive any motorized vehicle within Frenchman’s Creek.

C. Overnight parking on any street, with the exception of designated cul-de-sacs, is prohibited without prior written permission from the POA Administration or Security.

D. Parking is prohibited within ten (10) feet of mail boxes and fifteen (15) feet of fire

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hydrants.

E. Use of cellular phones is not permitted while driving a motorized vehicle within Frenchman’s Creek, except for the use of hands -free features.

F. No person may walk a dog(s) on the roadways within Frenchman’s Creek while driving in a golf cart.

G.

Bicycles must only be parked in the racks provided for that purpose.

H. Speeding in excess of the posted speed limit for any motorized vehicle or golf carts will result in a speeding violation.

I. All citations issued to a Member’s family, guest, invitee, agent or contractor w ill be treated as citations against the Member.

J. Parking is permitted on only one side of any roadway. Parking is permitted on the even side of a roadway, based on house numbers, on even numbered calendar days; and odd side of a roadway, based on house numbers, on odd numbered calendar days. Parking on Frenchman’s Creek Drive is prohibited.

VI.

PROCESS SERVERS, DELIVERIES AND SECURITY

A. Service of Process: Law enforcement officers on duty will be admitted at any time. Private process servers (who must be approved by the Court) will be admitted during those hours in which process may be legally served in Palm Beach County, but will not be allowed to wait or roam the community if unable to carry out their service of process at that time. The resident will not be called in advance, however, when process is served by a process server other than a law enforcement officer on duty, Security may continue to follow and observe. B. When an alarm is activated, the alarm company will be notified. Upon contact by the alarm company, the Member must give his or her name and ID number. If no one answers or the ID is not given, the Palm Beach Gardens Police will be called. Palm Beach Gardens Police may impose fines against the Owner after a specified number of false or negligent alarms. C. Neither Security nor any other employee of Frenchman’s Creek may accept deliveries for Members or other residents or guests, unless permitted by the Executive Director, which may be conditioned upon the execution of such waivers and indemnity agreements by the Member as the Board of Governors may require.

(Adopted December 13, 2022)

VII.

CODE OF CONDUCT TOWARDS STAFF

A. No Member or guest may be verbally or physically abusive or otherwise engage in conduct that is threatening or harassing to any staff member.

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B. Members and guests may not request special or personal services (i.e. services outside of the job function of the staff member) from a staff member while the staff member is on duty. C. No Member or guest may direct any staff member in his or her job functions, interfere with any staff member’s discharge of such staff member’s duties, or in any way interact with a staff member in a manner which is disruptive to or otherwise has an adverse impact on the Association’s op erations. No Member or guest may threaten a staff member or threaten a staff member’s job. D. Tipping at Association Facilities – Tipping of staff by Members and guests is prohibited for services performed by staff members at the Association’s facilities (for example, but without limitation, caddie services, waitstaff services and spa services). E. Tipping at Members’ Homes – Tipping of staff by Members and guests (i) is not permitted for services performed by staff members at a Member’s home if the services are provided through the Association (for example, but without limitation, home engineering services and food delivery services) and (ii) is permitted for services performed by staff members at a Member’s home if the services are not provided through the Association, as contemplated by paragraph F.1 below (for example, but without limitation, private party waitstaff, chef, clean-up services, dog sitting and babysitting ). 1. Any services provided by Frenchman’s Creek employees to Members or guests at their homes, other than services provided by the Association, shall be deemed provided by the employee as an employee or independent contractor of the Member, and not on behalf of Frenchman’s Creek. Before providing such services, the employee and the Member will sign an acknowledgement for the benefit of the Association stating that the Association is not involved in and bears no responsibility for the engagement of the employee by the Member, and the Member will indemnify the Association against any loss, claim or liability arising out of the Member retaining the services of the Association’s employee. 2. Fees for authorized services provided by the Association at a M ember’s home shall be set by the management of the Association and shall be paid directly to Frenchman’s Creek. 3. If a Member or guest desires chauffeuring services through the Association such services must be arranged through and provided by the independent contractor contracted with the Association providing valet services, and the chauffeur shall be deemed to be acting as an employee or contractor of the valet service, not the Association. F. Use of Staff by Members and Guests for Personal Services or in a Member’s Hom e.

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VIII.

CODE OF CONDUCT TOWARDS OTHER MEMBERS (Adopted December 13, 2022

A. No Member or guest may be verbally or physically abusive or otherwise engage in conduct that is threatening or harassing to any other Member or guest.

B. No Member or guest may engage in behavior that is disruptive or interferes with the reasonable enjoyment of the Association facilities by any Member or guest.

IX.

CODE OF CONDUCT TOWARDS ASSOCIATION (Adopted December 13, 2022

A. No Member or guest may take property belonging to the Association, except to the extent intended by the Association for the home or personal use of Members and guests. For example, but without limitation, Members may take a small number of water bottles for immediate personal use but may not take larger numbers for home use, and Members may not take towels or robes to their homes (although they may take a single towel or robe already used by them at a recreational facility that is returned promptly). B. No Member or guest may intentionally or negligently damage or destroy property belonging to the Association or provided by the Association for Member or guest use.

C. No member or guest may take any action that intentionally or recklessly endangers the welfare or reputation of the Association (Adopted March 7, 2023).

X.

USE OF LAKES AND CANALS

A. No person other than a deep-water Lot Owner installing a dock adjacent to his or her Lot may install docks or similar structures or moor a boat on the fresh water lakes or canals within or adjacent to Frenchman’s Creek.

B.

Boats may not be stored on any Lot within French man‘s Creek.

C. No boats with internal combustion engines are permitted in the fresh water lakes within Frenchman’s Creek.

D. All deep-water Lot Owners are responsible for the removal of debris or trash in the waterfront adjacent to their Lots and for the maintenance and repairs of their docks.

E. Deep water Lot Owners are prohibited from having guests reside on boats docked at their Lot.

F. Fishing in lakes or the deep-water canals by residents or guests is permitted at the fisherman’s own risk. Children under sixteen (16) are only permitted to fish when accompanied by an adult. When a fisherman is asked to move to another location by a Lot Owner, the fisherman will relocate to another area of the lake.

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