Riverside Crossing, an Active Adult Cottage Cooperative Rules and Regulations
Exhibit A
WHEREAS, Section 4.2 of the Bylaws of Riverside Crossing, an Active Adult Cottage Cooperative (the Co-Op), provides that the Board of Directors (the Board) has all the powers and duties necessary for the administration of affairs of the Co-Op.
WHEREAS, the Board has deemed it necessary to establish appropriate rules, regulations, and procedures for common and limited common areas of the Co-Op.
WHEREAS, any proposed change, revision, addition or exception to these Rules and Regulations must be presented to the Board along with the rationale for the proposal. At the next scheduled Board meeting, the Board will review the proposal for substance, clarity and to ensure there is no conflict with other rules, regulations, or By-Laws. After Board review, at the next scheduled membership meeting, the Board will make a recommendation for or against said proposal. Co-Op Members shall vote on said proposal following the guidelines set forth in Section 3.6 and 3.7 of the By-Laws of Riverside Crossing. A simple majority of Members will decide if the proposal is adopted.
WHEREAS, the Board of Directors has delegated to the General Manager the day-to-day responsibility of enforcing the Rules and Regulations. Issues not resolved by the General Manager will be referred to the Board for consideration at their next scheduled meeting.
WHEREAS, to enforce the Rules and Regulations, the Board may exercise its authority under the By-Laws and Occupancy Agreement to take action deemed appropriate. Such enforcement actions may include, but are not limited to, written warning, recovery of expenses caused by violation, a suspension of a Member’s privileges, legal action, or termination of a Member’s Share ownership and occupancy rights in accordance with Article 15 of the Cooperative’s Occupancy Agreement.
BE IT RESOLVED, that the Board of Directors adopts the following Rules and Regulations for Owners, Members, Casual Guests, Long-Term Guests, and staff of Riverside Crossing, an Active Adult Cottage Cooperative.
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I.
Qualified Owner and Qualified Member
A.
A Qualified Owner is a person 55 years of age or older, or the spouse or partner of an Owner 55 years of age or older, who has been advanced by the Membership Selection Committee, approved by the Board of Directors, and finalized by a purchase of a Share.
B.
A Qualified Member is an Owner who has executed an Occupancy Agreement.
II.
Casual Guest
A. Casual Guest is any person who comes onto Cooperative property at the invitation of a Member to visit a Member’s cottage and/or use the facilities of the Cooperative.
B. All Casual Guests are required to observe the Rules and Regulations, including the Pet Policy, the same as Members.
C. Members are responsible for their guest’s behavior within the Cooperative.
D. Members allowing a Casual Guest to occupy their cottage in their absence must complete and submit the Cottage Occupation During Members Absence form to the General Manager two weeks prior to their Casual Guest’s arrival.
E. Casual Guests arriving in the absence of the Member must check in with the General Manager prior to occupying the Member’s cottage.
F.
Occupancy of a Casual Guest for more than 14 days in the absence of the Member must be approved in advance in writing by the Board.
G.
Casual Guests are limited to 30 days. Beyond 30 days requires Board permission and must be requested two weeks in advance by submitting the Casual Guest Stay Extension form. Short gaps in a Casual Guest’s stay will not toll the counting of the 30 days.
III.
Long-Term Guest
A. A Long-Term Guest is any person who, at the written request of a Member, will be occupying the requesting Member’s cottage for longer than three months.
B. A Member may make a written request to the Board of Directors to approve someone as a Long-Term Guest. The proposed Long-Term Guest must also sign the request and consent to an interview to be conducted by the Member Selection Committee. The proposed Long-Term Guest must provide any information requested by the Member Selection Committee and/or the Board of Directors.
C. The Member Selection Committee will conduct a Long-Term Guest interview and make a recommendation to the Board of Directors. The Board of Directors will approve or reject the request.
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III.
Long-Term Guest (continued)
D. The Board of Directors may approve a Long-Term Guest for a fixed period or for a maximum period. If approval is for a fixed or maximum period, the Long-Term Guest status concludes at the end of the period.
E. If Long-Term Guest status is approved, the requesting Member(s) and the Long-Term Guest must sign and comply with a Long-Term Guest Agreement.
F. The Member has two vehicle parking spaces and may not exceed two spaces, including any vehicle owned by a Long-Term Guest.
G. The Board of Directors can cancel or change the terms of Long-Term Guest status at any time. The Board of Directors must give at least ten (10) days’ written notice to the Member and Long-Term Guest of any meeting at which the Long-Term Guest status will be considered for cancellation or change. The Board of Directors must give at least five (5) days’ written notice of a decision to cancel or change the terms of the Long-Term Guest status. The Board of Directors’ decision will be final and may not be appealed to the membership.
IV.
Household Information
A.
Each household must complete and submit a Riverside Crossing Household Information Form to the General Manager to attach to the Member’s Occupancy Agreement. Required information includes the following:
a.
Home phone number, cell phone number, and email address if one exists;
b.
Names and contact information of persons to be notified in case of emergency;
c.
Make, model, and license numbers of vehicles; and
d.
Any information on cottage alarm system, if installed.
V.
Cottages
A.
All cottages fall within the limited common area and are owned in whole by the Co-Op. An executed Occupancy Agreement allows the Member the right to occupy a specific cottage with the following conditions. The term Member in the following sections is synonymous with the terms Member, Casual Guest, and Long-term Guest. Members are responsible for their Casual and Long-Term Guests.
a.
Each full-time Member of the cottage must be listed on the Occupancy Agreement. If a Long-Term Guest is approved, they will be added to a new signed and executed Occupancy Agreement.
b.
A copy key will be kept at the General Manager’s office for each cottage. The Co-Op has a legal right of access to all cottages, and such right of access is immediate in case of an emergency. An “emergency” is defined as “a situation where there is a reasonably apparent risk of death, injury, or property damage.” Non-emergency access will be scheduled at least 24 hours in advance with the Member. The General Manager is available for cottage-checks when Members(s) are away. Cottage-checks may be set up through the General Manager’s office.
c.
Porches and patios are for relaxing, gathering, and visiting with neighbors. They are not to be used for storage.
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V.
Cottages (continued)
d.
Outside BBQ grills may be used in the rear of the cottages. They should be a safe distance from the cottage itself.
e.
There will be no rooftop antennas located on cottages. Local TV antennas are permitted to be installed in the attic spaces.
f.
Installation of satellite dishes must be approved, and the scheduled installation attended by Co-Op maintenance staff.
g.
Members must, at all times, have the physical and mental capacity to care properly for themselves and their cottages, keeping them neat and sanitary, and to meet their obligations under the Occupancy Agreement and the Rules and Regulations. If a Member is unable to care for themselves, or unable to remain safely in their cottage, the Member shall make arrangements with a private contractor to ensure such care is properly provided and that the Member’s obligations are met. The General Manager is available to assist the Member with securing the needed assistance. The Co-Op is not an assisted-living facility and does not provide healthcare, personal care, or personal assistance to Members.
h.
There will be no permanent structures, furniture, ornaments, plantings, or accessories in the lawn around any cottage or within the common area.
i.
Items or things that increase the general liability of the Cooperative will not be permitted. Examples of such items or things include, but are not limited to, hot tubs, ponds, and aggressive animals.
B.
Cottage Repair and Maintenance
a.
It is the responsibility of the Co-Op to repair and structurally maintain all the cottages within the community. This includes electrical, plumbing, HVAC, and hard construction inside and out, excluding window coverings. All repairs must be performed by either the maintenance staff or a qualified vendor through the maintenance department. Damage outside of normal wear and tear will be charged directly to the Member. This includes, but is not limited to, damage done by pets, guests, or other damage that is intentional or through neglect.
b.
Members must submit a Repair Order Request Form, which is available online or at the General Managers office, for service on their cottages. Emergency service will be available for services needing immediate attention, i.e. water leaks, furnace repair, etc.
c.
No additions, alterations, or improvements may be done to the cottage, garage, or surrounding area, including landscaping, without the express written consent of the Building and Grounds Committee or Garden and Landscape Committee and approved by the Board. Application for improvements must be submitted to the Building and Grounds Committee 30 days in advance of any work being started. The Request for Improvement or Alteration Form, which is available on-line or at the General Managers office, must be filled out completely and submitted to the appropriate committee lead. Failure to obtain the required permission may result in the Member being liable for any damages and for restoring the property to its original condition.
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V.
Cottages (continued)
d.
Any approved improvements will be listed on the Member’s Occupancy Agreement and the Member will be responsible for upkeep and repair of said improvement. If the Member fails to repair or maintain the improvement to the standard of the community, the Co-Op will make needed repairs and charge the Member all costs of repair and/or maintenance. An improvement is any addition to a cottage not in the original neighborhood plan or cottage design and includes, but is not limited to, additional patios, fences, plantings, etc.
VI.
Noise and Disturbances
A.
Members should conduct themselves such that they do not unreasonably or unnecessarily disturb the occupants of other cottages. The standard here is reasonableness. Every Member must exercise due consideration at all hours, but particularly between the hours of 2200 to 0700. Noise in the common areas with fire pits or fireplaces should be kept to a minimum. Loud music, televisions, or barking dogs will not be tolerated.
B.
Noise complaints should be discussed with neighbors. The inability to resolve a complaint should be directed to the General Manager’s Office.
VII.
Trash and Garbage Disposal
A.
Members must properly dispose of all refuse. All garbage must be bagged, tied, and sealed. Members are responsible for placing their garbage bin on the street for pickup on the appropriate day and removing it within 4 hours after pickup. An effort to recycle items should be made but is not required. Items larger than the bin are the responsibility of the Member.
VIII.
Smoking
A.
Riverside Crossing Active Adult Cottage Cooperative recognizes tobacco use is a leading cause of preventable illness and that exposure to second-hand smoke can contribute significantly to preventable illness and disease.
a.
There will be no smoking inside any building and within 25 feet of any building owned by the Co-Op. This includes cottages, garages, common house, and garden sheds. This smoking ban includes any tobacco, cannabis, or e-cigarette product.
b.
Members that ignore the smoking ban and smoke within their cottage will be responsible for costs of cleaning, repairs, and replacement, which could include, but is not limited to, carpet, drywall, or any other item damaged by smoke. These costs will be charged to the Member or deducted from the sale of their Share and Equity amount.
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IX.
Parking & Vehicles
A.
There will be a maximum of two vehicles permitted per cottage. This includes any vehicle owned by a Long-Term Guest.
B.
Each vehicle will be in good repair, have current MVD registration, and be licensed and insured. The Board has the right to require a Member to repair or remove a vehicle with excessive fluid leaks that could damage Co-Op property.
C.
There will be no parking of recreational vehicles, trailers, or snowmobiles within the community, except for pre- or post-trip loading and unloading. A recreational vehicle (“RV”) is defined as a motorhome, house car, travel trailer, truck camper, or camper van, with or without motive power, designed for human habitation or other occupancy. A maximum time of 2 days for loading or unloading of an RV is permissible if not blocking any road or parking garage. The General Manager will have referrals for local RV and trailer storage lots.
D.
Recreational Vehicles are not to be used for temporary housing. Member’s RV’s will not be used as guest quarters for visitors. There is a two-night limit for those guests staying in their RV parked within the development. Guests of members should park as close to members’ cottage as possible and not in front of other members’ cottages. No cords or hoses are permitted across sidewalks without cable covers to prevent tripping hazards. Dumping of grey or black water is strictly prohibited. For those guests traveling with an RV but staying in the members’ cottage, the Cooperative will assist with parking your unit appropriately during your stay.
X.
Garages
A.
All garages fall within the limited common area and are owned in whole by the Co-Op. An executed Occupancy Agreement allows the Member the right to occupy a specific garage that is assigned to a cottage with the following conditions:
a.
Whether one or two vehicles are owned, one vehicle must be kept in the assigned garage. Garages are for vehicles and are not to be used as storage units.
b.
If a Member does not own a vehicle, they may lease their assigned garage to another Member within the community for vehicle parking.
c.
Because of liability and laws concerning hazardous materials, there will be no repairs to vehicles in garages. This includes, but is not limited to, fluid draining, changing of oil, antifreeze, transmission fluid, etc.
d.
Flammable or hazardous material shall not be stored in a Member’s garage. Fuel cans may be stored in garden sheds in approved containers for neighborhood power tools.
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XI.
Common House
A.
Any Member in good standing is permitted to schedule the use of the Common House for their own personal use or for a sponsored group or individual. Any Member who schedules the Common House must be present during the time the House is being used.
B.
It is the responsibility of the scheduling Member to make sure the Common House is cleaned and organized after individual or group use. This includes the kitchen, dining, and community room.
C.
The guest room must be reserved and paid for through the General Manager’s office. Guest room rates will be set by the Board and reviewed annually. The General Manager will be responsible for arranging cleaning services for the guest room and Common House.
XII.
Fire Pits and Patios
A.
Common fire pits and patios are for the exclusive use of Members and their guests. Firewood is provided through the Cottage Repairs & Maintenance fund. It is the responsibility of the Members to keep their fire under control and follow all fire restrictions enacted by local, state, or federal agencies. Fire pits and fireplaces will be maintained by the maintenance staff, but Members are responsible for keeping patios neat, tidy, and kept.
