RULES AND REGULATIONS GOVERNING USE OF AMENITIES AND FACILITIES

1. PURPOSE AND INTENT

These rules and regulations were established by the Avida Settings Nuvali Homeowners' Association, Inc. (ASNHOAI) to ensure order and proper maintenance of village amenities such as the Main Clubhouse, Swimming Pool, and other facilities.

They are being provided:

  • as specific rules and regulations to be strictly followed by association members and their visitors when utilizing common sports and recreational facilities at Avida Settings Nuvali.
  • to serve the best interests and preserve common properties of members of the Avida Settings Nuvali Homeowners’ Association, Inc. H (ASNHOAI)
2. MEMBERSHIP AND USE OF AMENITIES

All lot owners and residents of Avida Settings Nuvali Homeowners’ Association, Inc. are automatically members of ASNHOAI and therefore have the right to use any and all of the sports and recreational facilities of Avida Settings Nuvali Homeowners’ Association, Inc. under the terms and conditions set in this document.

3. GENERAL RULES
  1. Amenities and facilities at Avida Settings Nuvali Homeowners' Association, Inc. are designed for the exclusive use and enjoyment of its residents/lot owners and long-term lessees as well as their guests. Such facilities include the following:
    • Main Clubhouse with
      1. Social Hall/Function Room
      2. Adult and children’s swimming pools
      3. Outdoor basketball court
      4. Children’s playground
    • Pavilion/Tent
      1. Bar type counter
    • Green Ribbons, Courtyards and Easments
  2. A summary of facility opening hours is attached for your easy reference at the end of this section. Facilities, however, maybe be closed without notice (e.g. upon hoisting of storm signal No. 2 or any higher category storm-warning).
  3. Users of all facilities are kindly requested to refer to and strictly observe the rules and regulations articulated in this document as well as those prominently posted at respective sites.
  4. All sports and recreational facilities are for the exclusive use of ASNHOAI members, lot owners, residents, tenants and their immediate dependents (up to 1st degree of consanguinity only). Suspended and delinquent ASNHOAI members are not allowed to avail of these facilities during the period of their delinquency.
  5. ASNHOAI and the Property Management shall not be held responsible for any untoward incident resulting in any harm or injury that may occur to any person or persons using the facilities.
  6. For registration purposes, ASNHOAI members and their dependents must present their Village Identification Cards to the ASNHOAI person-in-charge before using the facilities.
  7. Only guests accompanied by a member shall be accommodated under a system involving corresponding fees.
  8. In case of corporate lot owners, only a village-card-carrying primary representative (upon being issued a village ID card after presentation of special power of attorney or SPA), can use village amenities and facilities.
  9. Security Guards on duty are in charge of enforcing these rules and regulations. Any disagreement between a member or guest and such an enforcer will be referred to the Property Management Office officer-in-charge or association President for arbitration.
  10. All members and guests must observe proper decorum and attire.
  11. Any visitor to the village facilities/amenities is required to prominently display a visitor’s ID whenever it is possible to do so.
  12. ASNHOAI reserves the right to refuse any individual or group the use of its facilities.
  13. ASNHOAI and the Property Management shall not be responsible for any valuables lost or damaged during the use of any of the facilities.
  14. Members using the facilities/amenities shall be held responsible for damages caused by their guests to such facilities/ amenities. Damage assessment can be accomplished jointly by the member / the guest and ASNHOAI representative.
  15. Certain fees shown in the tabulation which is part of this document will be charged for the use of facilities/ amenities to help defray maintenance and security costs.
  16. Alcoholic drinks or beverages, prohibited drugs and firearms are not allowed.
4. SPECIFIC RULES
  1. USE OF THE MAIN CLUBHOUSE
    1. Requests for the use of the Clubhouse shall be made through the Property Management Office on a first-come, first-served basis.
    2. ASNHOAI shall charge fees for private parties and social functions held at the common facilities to cover expenses for the consumption of electricity, water, security and janitorial personnel. (Pls. refer to attachment)
    3. Village amenities should not be used in a manner that will cause undue disturbance to the community. As such, too boisterous behavior and loud noises are strongly prohibited.
    4. Opening and closing times and set hours for each activity in any facility/ amenity must be strictly observed.
    5. Member/Users or their caterers are responsible for cleaning up after parties or events. Member/users will be held responsible for any damages incurred during such party or event.
    6. Operating Hours
      • The social hall is available for use from 7:00 a.m. to 10:00 midnight.
      • Association members may secure reservations at the Property Management Office for the use of the social hall on a first-come-first-served basis.
      • The Property Management reserves the right to regulate the number of residents and their guests using the social hall.
    7. Use
      • The use of social hall for parties or events is limited to duly-registered, card-carrying association members of legal age (18 yrs. old) on a first-come-first-served basis.
      • For Corporation-owned properties, reservations for the use of the social hall can be made only by a card-carrying, duly registered representative who has the right to exercise the corporation’s voting rights in village association elections.
      • For private functions or parties like birthdays, baptisms, weddings, anniversaries and others, the ASNHOAI shall charge a fee to offset the costs of electricity, security, maintenance personnel and the use of other clubhouse facilities during the duration of the affair. (Pls. refer to Table II)
      • For private parties, the social hall being used as venue shall be turned over after its use without any damages. A cash bond will be required prior to use. ASNHOAI reserves the right to charge the host member for the damages and other incidental expenses to restore the facilities and its equipment to its original condition.
    8. Booking Procedures
      • Prior application to use the social hall must be made with the Administrative Assistant. Booking shall be accepted at least five (5) days in advance and duly accomplished reservation form must be submitted to the association office. For large events (i.e. Weddings or Anniversaries) needing earlier reservation, booking will be accepted 6 months in advance.
      • A reservation deposit fee of P2, 000.00 (homeowner) and P3,00.00 (guest) shall be charged per event (refundable without interest) is required for the reservation of the social hall/function room per event. The deposit will cover for any damage that may be incurred during the use of the social hall.
      • Such reservation-deposit is to be made out by in a check payable to Avida Settings Nuvali Homeowners’ Association, Inc. (ASNHOAI) and sent to Property Management Office together with the booking form. The damages, if incurred, will not be limited to this amount and shall be according to the actual repair cost. The said deposit will be returned to the resident forthwith if no damages were incurred. The amount of the deposit required under this paragraph may be increased at the absolute discretion of the Property Management or Developer from time to time.
      • Bookings are only confirmed if the check for the deposits, booking charges and completed Reservation Form is presented to the Property Management Office at the time of booking. The facility is considered booked upon approval of the Reservation Form by the Property Manager.
      • Upon confirmation of bookings, the host and caterer shall undergo briefing by the Administrative Assistant.
      • The member shall furnish the Property Management a guest list and a copy of the invitation distributed to the guests at least 5 days prior to the event. The invitation will serve as security pass to the village and must be presented to the guards at the main gate.
      • At least one week’s notice should be given for any cancellation of booking; otherwise, a penalty of 20% of reservation fee will be levied for late cancellation for the social hall. No penalties will be imposed if the reason for late cancellation or no show is due to fortuitous events such as a storm under signal No. 2 or above.
    9. Rules
      • Users of the social hall and pantry are expected to observe proper behavior at all times and not indulge in any overly noisy or boisterous activities, in accordance with the Village Rules and Rules Governing Use of Facilities and Amenities.
      • Users should keep the social hall and pantry tidy and reasonably clean after use. Maximum clean-up period is 2 hours after the event. Clean-up will be charged as succeeding hour’s rate. The member, member’s caterer or event organizer is responsible for the clean-up after the event and must provide their own trash bags or receptacles and take these away with them when they leave the village.
      • Catering crew members should be dressed properly while inside the village.
      • Controlled substances and firecrackers / pyrotechnic materials are strictly prohibited.
      • Smoking is allowed only at designated/ non-air-conditioned areas.
      • Vandalism, theft and other forms of inappropriate behavior are ground for immediate expulsion from the premises.
      • Neither pets or animals nor bicycles or tricycles are permitted.
      • Gambling is not allowed in the social hall or pantry.
      • The ASNHOAI and the Property Management will not be responsible for any damage, injuries or loss sustained by people while using the social hall, its facilities and the pantry.
      • The Property Management reserves the right to amend and supplement the above rules at any time without notice.
  2. ADULT & CHILDREN'S SWIMMING POOLS GUIDELINES
    1. Operating Hours
      • The pools will be officially available for use from 8:00am to 5:00pm. A Pool Attendant is available on a regular basis from 9am to 6pm. However, due care and caution should be taken by all users of the pools and its surroundings (including shower rooms) to avoid injury or accidents. The Association will not be responsible for any untoward or unfortunate incidents arising from the use of the pools at any time.
      • The Property Management reserves the right to prohibit temporarily the use of a pool for maintenance and other special purposes.
      • Swimmers shall not be allowed from using the pool during thunderstorms and other severe weather disturbances.
    2. Use
      • The pools are for the exclusive use of ASNHOAI members, lot owners, residents, tenants, and immediate dependents only. Guest use is subject to the following conditions:
        • When using the pool, a guest must at all times be accompanied by a card-carrying-member / host or present an authorization letter from a card-carrying-member.
        • Each guest will be charged based on table of fees.
      • The pool will be generally available for the use of association members and their guests and may not be reserved for the exclusive use of guests at private pool side events.
      • The pool attendant’s official working hours from 8 am to 6 pm can be extended under special arrangements made with the Property Management. The Pool Attendant services can be extended only until 10pm and will be covered by fees indicated in the table shown.
      • Children (12yrs old & below) are not allowed in the swimming pool unless accompanied by a parent or guardian at all times.
      • Persons suffering from any infectious/ contagious diseases, cough, colds, communicable diseases, skin or eye diseases or with open wounds are not permitted to use the pools.
      • Nurses, domestic helpers, care givers or any other persons in the employ of residents /association members are allowed to use the pools only while safeguarding or providing personal aid to residents, their family members and guests.
      • Domestic pets are not allowed in and about the pool area.
    3. Rules
      • For registration purposes, ASNHOAI members and their dependents must present their Village Identification Cards to the ASNHOAI person-in-charge before using the facilities. The host-member shall register guests and pay corresponding fees. Unaccompanied/sponsored guests shall present an authorization letter from a card-carrying member.
      • Residents are responsible for the conduct of their guests at all times.
      • The number of guests of any resident using the pool must not exceed fifteen (15) at any time.
      • No person shall enter the pools without first taking a shower.
      • Only swimsuits and swimming trunks are allowed as proper swimming attire. Children wearing diapers are not permitted in the pools.
      • Dressing and undressing, etc. shall be done in the changing rooms only.
      • Users of the pools are expected to observe proper behavior at all times, and not to indulge in any excessively noisy or boisterous activities. Strictly no diving from the edge of the pool. No pushing or roughhousing around the pools. “Splash bombing” and water polo, are strictly prohibited.
      • Eating and drinking of non-alcoholic beverages is allowed only at designated areas near the pool.
      • Gambling, littering, spitting, radios is strictly prohibited.
      • No radios or any electronic gadgets maybe brought into a pool. Portable or handheld electronic gadgets can be used at poolside but should be operated at volumes that will not disturb others.
      • The Clubhouse guard is empowered to enforce the rules relating to use of the pools. He shall have the right to request any person to leave the pools whose conduct in the professional opinion of authorized representative of the association is considered untoward or endangering.
      • A swimmer and/or his host will be held responsible for damages resulting in the indiscriminate use of pool equipment/ facilities.
      • Swimming lessons can be conducted only after permission is secured from the Property Management Office.
      • The ASNHOAI and Property Management will not be responsible for any injury, loss or damage sustained while using the pools and their facilities.
      • The Property Management reserves the right to amend and supplement the above rules at any time without notice. The Property Management reserves the right to refuse entry to the pool to any person suffering from any infectious disease or to someone who may be under the influence of drugs or alcohol, or for whatever reason the Property Management may consider unsafe and/or unwise for everyone concerned.
  3. CHILDREN'S PLAYGROUND
    1. Operating Hours
      • The children's playground will be open from 6:00 am to 6:00pm. The Property Management reserves the right to close the Children’s Playground to allow for cleaning and maintenance.
      • No entry to the children's playground is permitted upon hoisting of storm signal No. 2 or any higher public storm-warning signal.
    2. Use
      • The use of the children's playground will be on a first-come-first-served basis. The playground is designed for children, ages 3-12.
      • An adult must accompany children at all times. Adults accompanying children are responsible for their safety.
      • Guests are only allowed to use the children's playground when accompanied/sponsored by a resident.
      • Pets are not allowed in the children’s playground.
      • The ASNHOAI and Property Management are not liable for any accident, injury or loss that may be suffered or incurred by anyone in the play area.
      • Parents and guardians are encouraged to take all necessary steps and precautions to safeguard children at play.
  4. OUTDOOR BASKETBALL COURT
    1. Operating Hours
      • Outdoor Basketball court is open from 6 am to 6 pm. For the use of the court later than 6:00 pm, a fee of 100.00 per hour will be charged for the use of the electricity.
      • The use of the court will be on a first-come-first-served basis.
      • No entry to the court is permitted upon hoisting of storm signal No. 2 or any higher public storm-warning signal.
    2. Use
      • The court is for the exclusive use of ASNHOAI members, lot owners, residents, tenants, immediate dependents and their registered guests.
      • Guests may be allowed to use the court as long as they are accompanied or sponsored by a card-carrying member. Sponsored guests should present his/her authorization letter from a member prior to use.
      • The reservation of the courts for all games, tournaments, practices, and other events will strictly be on a "first come, first-served basis" with a maximum of two (2) playing dates per reservation except for ASNHOAI approved tournaments. All requests for the reservation of the court should be obtained first from the Property Management office.
      • A reservation is good for a maximum of two (2) hours. However, when no reservation is made for the succeeding hours at the same date, teams or groups on the court may be allowed to extend their allotted time.
    3. Rules
      • Players are required to use the proper playing shoes and attire when playing on the court.
      • The host member is responsible for the clean-up after a game.
      • Rough playing, vandalism, and other indiscriminate behavior are not permitted.
      • Smoking, use of alcohol or controlled substances, littering, gambling are prohibited in the court area.
      • In the case of games played at night, the security guard on duty shall turn on the lights upon presentation of documents as proof of reservation by Administration.
      • ASNHOAI and the Property Management will not be responsible for any damage, injuries or loss sustained by people while using the court.
      • The Property Management reserves the right to amend and supplement the above rules at any time without notice.
  5. MAIN-AMENITY AREA, GREEN RIBBONS AND COURTYARDS
    1. Operating Hours
      • The Main Amenity Area, Green Ribbons, Courtyards and Easements will be open from 6:00 am to 6:00pm. The Property Management reserves the right to close the Main Amenity Area, Green Ribbons, Courtyards and Easements to allow for cleaning and maintenance.
      • No entry to the children’s playground is permitted upon hoisting of storm signal No. 2 or any higher public storm-warning signal.
    2. Use
      • The use of the Main Amenity Area, Green Ribbons, Courtyards and Easements will be on a first-come-first-served basis. The playground is designed for children, ages 3-12.
      • An adult must accompany children at all times. Adults accompanying children are responsible for their safety.
      • Guests are only allowed to use the Main Amenity Area, Green Ribbons, Courtyards and Easements when accompanied/sponsored by a resident.
      • Pets are not allowed in the Main Amenity Area, Green Ribbons, Courtyards and Easements.
      • The ASNHOAI and Property Management are not liable for any accident, injury or loss that may be suffered or incurred by anyone in the play area.
      • Parents and guardians are encouraged to take all necessary steps and precautions to safeguard children at play.
  6. OTHER COMMON AREAS

    The Property Management staff, contractors and personnel are responsible to maintain all the common areas in a clean, sanitary and tidy condition as well as in good repair. Should there be any deficiencies, please notify the Property Management immediately.No notices, except those issued by the Property Management, are allowed to be posted in any of the common areas.

5. COMPLIANCE AND ENFORCEMENT
  1. All owners and occupants/tenants shall comply with these House Rules and Regulations as may be revised, modified amended or supplemented from time to time by the Avida Settings Nuvali Homeowners’ Association, Inc. (ASNHOAI).
  2. Compliance with these rules must form part of all lease contracts entered into by the lot owner.
  3. The Avida Settings Nuvali Homeowners' Association, Inc. (ASNHOAI) shall have the right to file an injunctive action to enforce the House Rules and the party violating shall pay for all costs of injunction including a reasonable attorney’s fee, which shall in no case be less than P10, 000.00.