IMLCA Rules & Regulations - 2007-2008

PREFACE

Indian Mountain Lake (IML) is a community development of land. Each lot in the development is part of a general development scheme. The recorded Declaration of Protective Covenants and Restrictions (Covenants) are automatically contained in of the deeds of each and every property owner at Indian Mountain Lake. These covenants give Indian Mountain Lake Civic Association (IMLCA) the authority to make and enforce rules and regulations. It is not IMLCA's intention to overly restrict Members' freedom, but rather to have rules and regulations in place, that give governing authorities' guidelines. The following restrictions are to be enforced at the discretion of the Security Provider or the Board of Directors.

The following Rules and Regulations are the result of recommendations made by the various committees acting under the Board of Directors and have been approved by the Board of Directors. These approved Rules and Regulations will help to:

1. Provide a healthful and harmonious environment.



2. Protect and preserve property values.



3. Enable action to be taken as may be necessary to prevent or abate conditions which may be inconsistent with the Declaration of Protective Covenants and Restrictions and with all applicable Federal, State and local laws.

ARTICLE I - Definitions

1. Indian Mountain Lake Civic Association (IMLCA) A Pennsylvania not for profit corporation has been formed and its membership is comprised of the owners of property at IML by deed, agreement or contract of sale.



2. Member: A member is an owner of property at IML. A member may be either:



1. A member in good standing is defined as a property owner withh all dues, assessments, late charges, fines and other account costs paid.



2. A member not in good standing is defined as a property owner with dues, assessments or fines in arrears.


3. Guest/Visitor A person other than the member who has been authorized to enter IML by a member with the intention of visiting or staying at the property owner's address.



4. Renter A person who is renting a property at IML from a member.

ALL OF THE ABOVE ARE SUBJECT TO THE COVENANTS, BY-LAWS, RULES AND REGULATIONS SET FORTH BY THE IMLCA AS WELL AS THE DISCIPLINARY PROCESS OF THE IMLCA. THEY MAY USE THE COMMON AREAS AND AMENITIES OF THE ASSOCIATION AS LONG AS THE MEMBER IS IN GOOD STANDING.

ARTICLE II - Membership Identification

1. It is the policy of IMLCA that all members, renters, or guests be properly identified when using any of the IML amenities including Association roadways.



2. Upon payment in full of the annual assessment for dues and any other applicable charges and fines, members will be allotted vehicle stickers and amenity badges and any other identification as may be designated by the Board of Directors.



3. Vehicles, operators and occupants of a vehicle who cannot justify their presence in the development will be detained, their identification verified, and if appropriate, escorted out of the development. For a second offense, they will be subject to prosecution for Defiant Trespass, pursuant to the laws of the Commonwealth of Pennsylvania.



4. While on the roads, grounds, buildings, or other IML amenities or property, all members, renters or guests shall, upon request, identify themselves and cooperate in a non-abusive manner with lifeguards, or security personnel used or retained by the Association’s officers, employees, servants, agents and management. Providing false information constitutes a violation of this rule.



5. Membership ID Items



1. Amenity Badges



1. All members, guests, visitors and renters shall wear IMLCA amenity badges on their person while using the Association amenities and clubhouse.



2. Members in good standing may receive six (6) amenity badges for each property owned.



3. Children under the age of six (6) are not required to have a badge.



4. Additional or replacement badges may be purchased at a cost of $5.00 per badge. Badges are only valid for the current dues year and are issued each year to members in good standing.



5. Anyone other than the property owner desiring to obtain badges must present written authorization of the property owner.



6. Badges must be obtained in person from the IMLCA office. None will be mailed.


2. Vehicle Stickers



1. Members in good standing will be issued a vehicle sticker for each non-commercial vehicle registered at the member’s IML address. (Address is defined as the member’s address as it appears on the records of the Association.)



2. Current copies of member’s vehicle registrations must be submitted to the IMLCA office in order to obtain vehicle stickers.



3. Vehicle stickers are issued annually to members in good standing.



4. IMLCA vehicle registration forms must be completed annually.



5. License plate numbers must be listed on vehicle registration form.



6. Vehicle stickers are identified with license plate numbers and are not transferable.



7. Vehicle stickers are to be placed either on the front bumper on the left side, on the sun visor or otherwise prominently visible from the front and outside of the vehicle.



8. Anyone other than the property owner desiring to obtain stickers for the IMLCA member must present written authorization of the member and copies of the member’s vehicle registration(s).



9. Vehicle stickers may be mailed to a member upon written request from the member, copies of vehicle registration(s), and a separate check or money order in the amount of $5.00 for costs. Stickers will be sent by certified mail for the purpose of IMLCA proof of mail.



10. Commercial vehicles shall not be permitted on the Vehicle Registration form for the purpose of obtaining IMLCA vehicle stickers (See Article XV - Parking Rules for the definition of Commercial Vehicles).



3. Gate Cards



1. Gate cards will not be issued to any member having an amount due to the Association for dues, fines or costs charged until such amount is received in good funds by the Association.



2. Not having an active gate card is not to be viewed as restricting any member/owner access to his property since access will be available by logging in with the gate attendant.



3. Members in good standing will be issued a maximum of two (2) gate cards at no cost if two vehicles are registered at the member’s address as it appears on the records of the Association.



4. Copies of current vehicle registrations must be submitted to the IMLCA office in order to obtain gate cards.



5. Additional gate cards may be issued upon proof of additional vehicle registrations at the member’s IML address, as defined above, and a $10.00 fee for each additional gate card.



6. A vehicle registration may be used only one time to obtain a gate card.



7. Gate cards are issued only one time. However, they must be updated annually by submitting copies of registrations to the IMLCA office.



8. Gate cards will be deactivated if dues, fines or costs are not paid or if valid vehicle registrations are not on file in the IMLCA office.
   EXCEPTION: Gate cards will remain active for members with an unpaid balance for dues, fines or costs or any other legal levied assessment if the member enters into a legal agreement with IMLCA to make monthly payments according to terms of an Installment Note. If member defaults on any payment the gate card will then be deactivated.



9. If any card is de-activated for any reason, there will be a re-activation fee of $5.00 per card.



10. Broken cards will be replaced at no cost upon return of the broken card.



11. Lost or stolen cards may be replaced at a cost of $25.00 each.



12. There will be no refunds for subsequently returned "lost" or "stolen" gate cards.



13. Gate cards are not to be given to non-members or to others outside the immediate household.



14. Commercial vehicles shall not be permitted on the vehicle registration form for the purpose of obtaining an IMLCA gate card. (See Article XV - Parking Rules for the definition of Commercial Vehicles.)



15. Gate cards must be obtained in person from the IMLCA office. None will be mailed.



4. Welcome In (WIP) Passes



1. Members in good standing may receive a maximum of three (3) WIP’s upon completion of a WIP application available from the IMLCA office.



2. WIP’s must be renewed each dues year.



3. Members are responsible for all fines levied against the holder of the WIP authorized by the member including those which may be levied if a member revokes the WIP privileges without securing the Welcome In Pass. The revoked Welcome In Pass must be returned to the IMLCA office by the member.



5. Guest/Renter Pass



1. A dated auto identification card pass must be obtained by a guest when entering IML which will allow access to the private home but does not permit use of any of the facilities.

ARTICLE III - EMERGENCIES

1. Owners should know their nearest main intersection so that persons reporting or responding to an emergency can readily know their exact location and know their lot & section. Signs indicating Lot & Section must be displayed and prominently visible from the road.



2. If it is suspected that a trespasser is in or about your property or that of another, or if you observe a person acting in a suspicious manner, immediately inform security.



3. Keep a list of emergency phone numbers by your phone:



• IMLCA Security
  1-800-601-9881



• Emergency IMLCA Hot Line
  646-7775



• State Police - Fernridge
  646-2271 or 1-443-8436



• IMLCA Office
  646-1600



• Monroe Comcenter
  911 or 646-8300
  
  
• Carbon Comcenter
  911 or 325-9111



• Pocono Mountain Regional Police
  839-7676



• Dog Control-Monroe County
  629-1099



• Dog Control-Carbon County
  325-4828


4. It is the responsibility of the member to verify the phone numbers for accuracy and to update the entries. Members are to make this list available to guests or renters of their property.

ARTICLE IV - PRIVATE HOME SECURITY SYSTEMS

1. The installation of a private home security or alarm system by any member is not to be relied upon or interpreted by any member or third party as an endorsement for providing Association Security for any individual member, residence, lot or lots or security systems. Nor is same to be construed as REQUIRING the Association and/or its agents to respond to any type of private alarm, call or system.



2. It is the responsibility of the homeowner to be sure his/her alarm system is in good repair and proper operating order.



3. A citation and fine canmay be issued to the homeowner if IMLCA security personnel does respond to more than three (3) false alarms at the same address within any one year.

ARTICLE V - GUEST POLICY

The IMLCA recognizes that their private residential community will be used on many occasions by members who will invite guests periodically. Members are responsible for the proper conduct of their guests and invitees while using the facilities and common areas.

1. To avoid delay upon arrival, the member must leave name of guest/visitor with the Security gate attendants, along with the member's name, lot and section and phone number.



2. When a guest arrives, they will register at the entrance by identifying the property owners name and the address they are visiting.



3. Additional badges for guests to use the amenities may be purchased at the IMLCA office by members in good standing for a cost of $5.00 per badge. Badges are valid for each current dues year.



4. Any member not in good standing shall not be permitted to be a guest of another member.



5. It is the member's responsibility to advise their guests and invitees of the rules and regulations of IML.

ARTICLE VI - RENTAL POLICY

RENTERS ARE THE RESPONSIBILITY OF THE MEMBER ENTIRELY AND MUST BE ADVISED OF THE RULES AND REGULATIONS BY THE MEMBER.

1. For each renter, the member must complete a Renter's Registration form (annually) which shall include the following information:



1. Renter's Name.



2. Number of persons in the renter's party.



3. Renter's vehicle identification.



4. Rental dates.



5. Address or identification of rental property.



6. Member's signature and phone number where he can be reached.



2. Renter's registration forms are available to property owners at the IMLCA office and must be received by the manager not later than five days before arrival.



3. Renters will not be admitted unless the registration form is received by the IMLCA office.



4. It is the responsibility of the member to notify the IMLCA office when there is a change in rental status or when a rental is terminated.



5. Upon registration, renter will be given a dated renter's pass which must be displayed on the vehicle dashboard at all times.



6. Property owners are financially responsible to the IMLCA for any damages to the amenities or common areas caused by the actions of the renters. Members shall be advised of all fines and citations given to the renter and shall also be responsible for same.



7. Renters from property owners who are not IMLCA members in good standing will not be allowed to use the amenities.



8. It is the responsibility of the member to provide their guests and renters with badges and renter vehicle passes. In absence of the member, the renter may obtain these items by presenting written authorization from the member.



9. Additional amenity badges for renters may be purchased at the IMLCA office by members in good standing for a cost of $5.00 per badges (Badges are valid for each current dues year).



10. Gate cards may be issued to tenants of members in good standing if there is a completed, current IMLCA Rental/Occupant Registration Form on file in the IMLCA office.



1. Term of rental/occupancy must be a minimum of six (6)months6) months.



2. Written authorization of property owner is required for tenant to obtain gate card(s).



3. Tenant must submit their current vehicle registration for each gate card.



4. Gate cards will be issued to a maximum of two (2) accountable tenants as stipulated on the Rental/Occupant form and not to all persons residing at the property.



5. Gate cards will be de-activated according to the expiration date on the IMLCA Registration form. In order for cards to remain active, member must submit a renewed IMLCA Rental/Occupant Registration form, and written authorization. Tenant must resubmit current vehicle registration. Failure to deactivate a card shall not create liability on the part of the Association. Members shall secure all cards from tenants for submittal to the Association.



6. There will be a one-time thirty-five dollar ($35.00) fee charge for each tenant gate card issued. Upon return of the gate card(s) $25.00 will be refunded without interest for each gate card returned, for all tenant gate cards issued on or after January 1, 2004. Cards may not be transferred from one tenant to another.



7. Broken gate cards will be replaced at no cost upon return of broken card.



8. A lost or stolen card may be replaced at a cost of twenty-five dollars ($25.00).



9. It is the responsibility of the member to notify the IMLCA office when there is a change in rental status or when the tenant/occupant leaves before the expiration date on the Registration Form.



10. The gate cards are for the benefit of the Association, and no membership or third party rights, expectations or duties arising out of the rules, policies issuance, activation, de-activation, enforcement, omission, or failure to comply with same, are created.


11. Tenants acceptance of a gate card evidences an agreement to comply with rules and/or policies pertaining to access including gate cards. However the member(s) remain responsible for compliance by their tenants, invitees and guests with the regulations and policies.

ARTICLE VII - MOTOR VEHICLE RULES

Definition: As used herein "motorized vehicles" shall mean a properly state licensed, inspected and insured vehicle.

1. No driver will operate a vehicle in careless disregard for the safety of persons or property in IML.



2. Passing is not permitted on any IML roadway.



3. The provisions of the Pennsylvania Motor Vehicle Code and/or the Department of Environmental Protection regarding definition, registration, operation of all motorized vehicles upon the lands of Indian Mountain Lake Civic Association are adopted, except as otherwise restricted in these rules.



4. Speed limit on IML roads is 25 MPH unless otherwise posted. Speed limit in and out of all Association parking areas or schoolbus zones is 5 MPH.



5. All traffic signs must be obeyed.



6. Members whose vehicles are already licensed by any state shall register with the IMLCA office and obtain a sticker for each vehicle.



7. The owner of a motorized vehicle as well as the operator, shall be held responsible for any property damage or personal injury arising out of the operation of that vehicle as provided by law.



8. No motorized vehicle is to be operated on the dams or on the grass areas adjacent to the beaches, pools or other common areas of the IMLCA except for the IMLCA maintenance personnel and equipment, emergency vehicles, and security.



9. All contractors and their employees must register with the IMLCA to receive an Association pass, which must be displayed on vehicle during work. Non-compliance may result in a citation and/or removal from job site.



10. No commercial tractor, trailer, or combination of any type is allowed within the boundaries of Indian Mountain Lake except during the time of pick up or delivery services.



11. All terrain vehicles (ATV), motorized four wheelers, three wheelers, snowmobiles, or any other motorized off-road conveyance including mopeds and motorized scooters are banned from all IML properties, roadways, and amenities. Use of snowmobiles on IML properties, roadways, and amenities will be permitted only during a state of emergency, as declared by the Association or local governments.



12. Motorized vehicles may not be used to pull sleds, toboggans, wagons, etc. on any IML properties and roadways.



13. Modular home transport - regulations governing modular home transport are found in the IMLCA Property Management Code, which may be obtained from the IMLCA office.



14. It shall be prohibited conduct for any driver of a motor vehicle to willfully fail or refuse to bring his vehicle to a stop, or to otherwise flee or attempt to elude a pursuing security personnel vehicle, when given visual or audible signal to bring the vehicle to a stop. The signal given by the security personnel may be by hand, voice, emergency lights, horn or siren. It is a defense under this section, that the pursuing security personnel vehicle was not clearly identifiable by its markings or, if unmarked, was not occupied by a security personnel who was in uniform and displaying a badge or other sign of authorityof authority.



15. No person under the age of 18 is permitted to ride in the open bed of a pickup truck on IML property.

ARTICLE VIII - SWIMMING POOL AND BEACH RULES

1. The swimming pools and beaches lakes will be open for swimming to all Association members, their guests or tenants only when there is a lifeguard on duty. Any facility will be closed at such times as the Association decrees it necessary to do so.



2. Admittance to the pool and beach areas will be restricted to Association members in good standing, and their guests or tenants who must wear current badges at the amenities.



3. Children under the age of thirteen (13) must be accompanied by a person of at least eighteen (18) years of age who will have full responsibility for the safety and conduct of the child.



4. Children must wear tight-fitting plastic pants around diapers (or pool-safe diapers) to prevent accidental discharge of contamination into any pool or lake.



5. Lifeguards shall have the authority to regulate the safety and conduct of all persons within pool and beach areas and shall have the use of such disciplinary action as may be necessary to maintain proper conduct.



6. Flotation devices such as large tubes and rafts, as well as skin diving equipment are prohibited in the pool areas and in the swim areas of the lakes.



7. No glass containers are allowed on the beaches or within the pool areas. Please make use of the nearby picnic areas where tables are available.



8. No running, pushing, loud boisterous play or profanity will be permitted on the beaches or in or around the pool areas.



9. Lifeguards will not permit loud music or sound by way of portable radios, cassette decks, etc.



10. Swimming at the beaches or at the swimming pools when there is no lifeguard present is prohibited by the Association.



11. No animal, leashed or unleashed, will be permitted within the confines of pool areas or on any part of swimming beaches or picnic grounds.



12. The Association is not responsible for any articles left in the confines of the pool or beach area, or within the dressing rooms.



13. All beach umbrellas and beach or deck chairs must be behind the lifeguard stands so as not to obstruct the lifeguard's view.



14. Diving or swimming off boats is prohibited.



15. Ball playing at swimming areas, in the water or on the beaches, whether pools or lakes, is prohibited.



16. Alcoholic beverages will not be permitted within the pool confines or on the beaches. Underage drinking is prohibited on any IML property.



17. When leaving an amenity, put all trash & garbage in the receptacles provided.



18. Fires of any kind, including grills, are not permitted in the confines of the pools or on beaches. Grills may be used on the picnic areas.



19. Fishing is not permitted on swimming beach areas.



20. Ice skating or ice fishing is permitted only on Indian Mountain Lake (Main Lake) with written permission obtained from the Association.



21. Management will use whatever reasonable means necessary to insure that members and guests comply with the above rules.



22. Feeding waterfowl is strictly forbidden anywhere within IML. Backyard Feeding of any wildlife is highly discouraged but not forbidden.

ARTICLE IX - WATERCRAFT RULES

1. Boaters must comply with all rules and regulations of the Commonwealth of Pennsylvania and the U.S. Coast Guard.



2. Watercraft owners must complete a Watercraft Registration Form available at the IMLCA office, for all watercraft used on IMLCA lakes whether or not stored on IMLCA property, and display a current IMLCA sticker on the forward half of the watercraft on the left side where it can be visibly seen above the water line. Registrations will automatically expire December 31st of each year.



3. All persons must have a U.S. Coast Guard approved life jacket or otherwise known as a Personal Flotation Device (PFD) that is properly fitted and in good condition.



4. Swimming from watercraft is prohibited.



5. Only boats, canoes or watercraft propelled by either oars or paddles shall be permitted. No motor watercraft, gas, diesel or electric powered or kickers of any description shall be permitted. Possession of fuel cans, tanks or gas motors are prohibited on or in the vicinity of any IML amenity. IMLCA authorized security motorized watercraft will be permitted in cases of emergencies.



6. No child under thirteen (13) years is permitted in a watercraft unless accompanied by an adult, and child must wear a Personal Flotation Device at all times.



7. All operators of watercraft are required and responsible for determining the safety of the area they are using and that it is free from danger.



8. All watercraft must stay fifty (50) feet clear of marked swimming areas.



9. The owner of a watercraft shall also be held responsible for the actions of the occupants and the operator of such watercraft.



10. All watercrafting activity must cease on any lake during electrical storms and other hazardous conditions.



11. No one will be permitted use of the lakes unless wearing their membership badge.



12. Watercraft must be anchored no more than fifteen (15) feet from the shoreline when not in use, so that navigation of lakes will not be impeded.



13. Any use of the lakes for navigation or anchorage is to be at the risk of the owner of the watercraft and the IMLCA shall not be liable for damages or injury resulting from submerged objects, collision, or otherwise.



14. The association is not responsible for loss or damage of any watercraft resulting from theft, vandalism or negligence.



15. Water crafting is not permitted on any IML lake from sundown to sunup.



16. All registered watercraft must be removed from the IMLCA amenities by November 1st of each year and may be returned to designated amenity area after April 1st. Failure to remove watercraft by November 1st will result in removal of the watercraft to a designated area by IMLCA and if not claimed by November 15th, will be disposed of at the discretion of the IMLCA. Non-registered watercraft will be removed and disposed of at any time at the discretion of the IMLCA.

ARTICLE X - RULES FOR PETS

1. All dogs over three (3) months must have a current license.



2. All IMLCA owners of dogs and cats over three (3) months of age must have their pets vaccinated against rabies and have their current rabies inoculation tag.



3. All dogs must be confined to the owner's property or walked on a leash.



4. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that a dog, cat or other household pet may be kept provided that they are not kept, bread or maintained for any commercial for any commercial purpose.



5. No household pets will be permitted in the lakes, at the pool areas, on the beaches, or at the picnic areas or other places designated as recreational areas.



6. Any complaint regarding strays, mistreated, abused, menacing or abandoned animals should be filed with the appropriate authority:



1. Carbon County Dog Control - 570-325-4828



2. Monroe County Dog Control - 570-629-1099



3. Pennsylvania SPCA - 570-421-6761



7. Owning, possessing, or harboring or controlling any animal or bird which barks, bays, cries, squawks, roars or makes any other noise continuously and/or incessantly for a period of ten (10) minutes or makes such noise intermittently for one-half (1/2) hour or more to the disturbance of any person at any time of the day or night regardless of whether the animal or bird is physically situated in or upon private property, is prohibited.



8. Every IMLCA homeowner is responsible for any damage caused by their pet. It shall also be the duty of the pet owner to pick up and remove in its entirety, any excrement from said animal from IMLCA roads, amenities and other member’s private property.

ARTICLE XI - TENNIS & BASKETBALL RULES

1. Proper tennis attire including the use of tennis shoes or sneakers is required. No street shoes are permitted on any court.



2. No one will be permitted use of the courts unless wearing their membership badge.



3. Tennis and basketball courts are not to be used for any purpose other than tennis and basketball. Exception: The Clubhouse Basketball Court may be used for roller skating, roller blading or skate boarding (rubber wheels) when the court is not being used for basketball. Ramps or any other devise to promote jumping are prohibited.



4. No food or drink shall be permitted within the tennis or basketball court enclosures. Please make use of the nearby picnic areas and trash receptacles.



5. Loud boisterous conduct or profanity will not be tolerated on the courts.



6. Only active participants are allowed within the tennis and basketball court areas.

ARTICLE XII - FISHING RULES

1. Fishermen must comply with the Pennsylvania Fish and Boat Commission fishing laws and regulations and must possess and display a current Pennsylvania license. All fishermen must visibly display their IMLCA membership badge.



2. Fishing will be prohibited from April 1st until the 1st day of trout season as determined by the Pennsylvania Fish and Boat Commission at lakes stocked with trout.



3. Fishing is not permitted from the dam, swimming area or bridge.

ARTICLE XIII - FIREARMS/WEAPONS

1. No hunting is permitted within the confines of the IML community.



2. Carrying a loaded firearm or bow, including without limitation, pistol, rifle, machine gun, BB-gun, blowgun, shotgun,, flintlock or muzzle loading black powder weapon, or any device capable of propelling a projectile of any kind, within the confines of IML is strictly prohibited, except for those persons who have a Government/State Permit to carry same, and such person must register his permit with IMLCA Security. Carrying an unloaded firearm or bow, exposed, while walking to and from adjacent State Forests and Game Lands is not prohibited. The firearm or bow must be unloaded completely and the action open.



3. Persons having a Federal or State Government Permit to carry concealed, must register with Security.



4. Discharging any weapon listed in #2 above, within the confines of IML are is strictly prohibited. Any cutting device, including but not limited to daggers, knives, razors or cutting instruments, are prohibited to be carried by anyone under the age of 18 unless accompanied by an adult member.

ARTICLE XIV - PARKING RULES

1. At pools, beaches, clubhouse, tennis courts, a vehicle may be parked only at designated areas.



2. Launching watercraft from a vehicle will be done as quickly as possible and the vehicle then removed to the parking area. No vehicles are to be left in the watercraft launch area.
   
   
3. Parking at either entrance, including mailbox areas, , area is limited to 30 minutes.
   
   
4. The owners of an illegally parked vehicle will be responsible for any damages, which may incur.
   
   
5. On street parking is prohibited at all times unless security is notified of any extenuating circumstances. Illegally parked vehicles will be towed away at the owner's expense without notice.
   
   
6. Owners of motor homes or recreational trailers are permitted to park on their own property to the side or rear of their house within the property setbacks. However, they shall not be used as living quarters or rented to others as such.
   
   
7. For the purpose of this regulation, the definition of “commercial vehicle” is any vehicle registered as a commercial vehicle or displaying a commercial license plate or weighing over 9 thousand pounds. Pick-up trucks and vans normally used by the general public for personal transportation are exempt from this regulation provided:
   
   
   1. The vehicle has no attachments in the rear except for a cap or toolbox.
      
      
   2. The vehicle does not contain refuse or unsightly, noxious, odoriferous, spontaneously combustible, or inflammable materials.
   
   
8. No commercial vehicles or combination thereof shall be permitted to be parked or stored, attended or unattended, on any lot, amenity or common area of IML, except for vehicles owned, operated, or contracted by the Association in the conduct of its business. In addition to any initial fine for violation of this rule, additional monetary fines in the amount of $25.00 per day will be charged for each and every day that the violation remains unresolved, up to a maximum of $250.00 per month. The daily fines will be charged for every day, beginning the day after the citation is issued.
   
   
9. Construction vehicles may be kept overnight during a period of work on property upon proper notification to IMLCA Security Department or by posting of an IMLCA construction permit.

ARTICLE XV - HEALTH AND SANITATION RULES

1. No lot or other or other area within the boundaries of IMLCA shall be used as a dumping ground for refuse of any kind.



2. No trash or garbage will be brought and deposited in the containers at the beaches, pools, picnic areas, or any other public area, including the dumpster at the clubhouse.



3. Garbage collections will take place only at curbside on Mondays. The BOD has the authority to modify the garbage collection scheduling to comply with the current refuse collection contract. If a holiday falls on the collection day, collection will be on the following day.



4. No outside fires are permitted, except for a grill for the purpose of cooking. The entire burning surface of any grill must be a minimum of 6” above the ground surface, and contained in a fireproof enclosure. A water supply must be available within 25 feet of the cooking fire. Pit/In-ground, barrel or surface burning on any member’s IML property at anytime for any purpose is prohibited. All cooking fires must be supervised by an adult who is an individual 18 years or older, who is not under the influence of drugs or alcohol or suffering from any other disability which would impair his or her ability to properly supervise a fire.



5. All ashes (coal, wood, pellet, charcoal, etc.) must be disposed of into a metal container.

ARTICLE XVI - ENVIRONMENTAL RULES

1. Where deemed necessary by the association all lots that have driveways will have drainage pipes installed for the control of runoff water.



2. Outside contractors will be limited to construction or repairs, Monday through Friday, between the hours of 7:30 a.m. to 5:30 p.m. and Saturday 9:00a.m. to 1:00 pm except in an emergency and with the permission of the IMLCA. Construction by an outside contractor is prohibited on Sundays and holidays.



3. No pier, dock or other structure shall be built at any lake.



4. Commercial signs shall not be erected on any residential lot with the following exceptions:



1. Signs for security prevention only (No ad for security company).



2. A general contractor must erect a sign with only lot and section identification visible from the road prior to start of any work on property.



3. Other signs of any kind are not permitted.



5. For Sale signs will not be permitted on any IMLCA property.



6. No garage sales or flea markets shall be permitted except at the designated area by IMLCA.



7. All property owners shall cut down weeds and other vegetation growing on their lots along any street which may interfere with visibility or the safety of pedestrian or vehicular traffic.



8. No person shall be permitted to use any Association property for overnight camping (tents, sleeping bags, camper vehicles).



9. Fireworks of any and all types, including sparklers, smoke bombs, etc., are prohibited within the boundaries of IMLCA. This rule is enacted due to the high probability of resulting brush fires.



10. Members must caution independent driveway snow-plowers not to push snow onto roadways, nor may any member, tenant or guest shovel or push snow by any means onto roadways.



11. Persons below Pennsylvania state legal drinking age shall not consume alcoholic beverages or other intoxicants on any road, facility or common area of the Association nor will they have in their possession alcoholic beverages or illegal controlled substances or co-mingle with individuals in possession of or consuming alcoholic beverages or illegal controlled substances on Association owned property. Violations of state or federal controlled substance acts are prohibited.



12. Acts of vandalism and malicious mischief that cause damage or cleanup costs to any recreational facility or common area shall subject the offender to criminal prosecution and the cost of repair, replacement or restoration plus administrative costs and all lawful charges relating to the collection of such costs.



13. Auction Sales/Real Estate Open House - During period of property ownership in IML, members are permitted to hold one auction/real estate open house sale in the event they wish to sell their IML house.



1. Member must notify the IMLCA office of the date and time of auction/real estate open house and obtain a permit for same. A fee/deposit of $1,000.00 of which $800.00 is refundable upon determination that no infractions have taken place, must be submitted 10 days prior to auction/real estate open house date.



2. Member will be responsible for any infraction of the IMLCA Rules & Regulations caused by any visitor to his property. Pre-inspection must be arranged with property owner who must then notify gate attendant of date, time and name of visitor.



3. Attendees must notify auctioneer/realtor of their intent to be present at auction/real estate open house. This stipulation should be included in all sources of advertising. Auctioneer/realtor must provide gate attendant with a list of names of anticipated attendees 24 hours prior to auction/real estate open house date. Attendees will then give attendant their name and the destination, section and lot number. All vehicle occupants must register at the gate upon entry. Children under the age of 18 must be accompanied by an adult.



4. There shall be no vending of any type associated with the auction/real estate open house sale.



5. IMLCA parking and traffic control regulations must be maintained and is the responsibility of the property owner. Your clients may wish to consider engaging the services of our security patrol provider, to assist with this condition.



6. It is suggested your clients prepare copies of maps indicating the most direct route to the location since IML is quite large and often confusing to visitors. These maps can then be distributed to attendees on the day of the auction/real estate open house as they register at the gate.

ARTICLE XVII - PROPERTY MAINTENANCE

The provisions of this Article shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements.

All vacant structures and premises or vacant land shall be maintained in a clean, safe, secure and sanitary condition, so as not to cause a blighting problem or adversely affect public health or safety.

1. DEFINITIONS
1. Exterior property -– The structural exterior and the open space on the property under the control of owners.



2. Owner - Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.



3. Public nuisance - - Any physical condition of any premises or its appurtenances considered a public nuisance at common law, (including but not limited tto, excavations and unsafe fences or structures.



1. Any property that has unsanitary sewerage or plumbing facilities.



2. Any premises that is manifestly capable of being a fire hazard, or is manifestly unsafe or unsecured so as to endanger life, limb or property.



3. Any premises that is unsanitary, or that is littered with rubbish or garbage, or that has an uncontrolled growth of weeds.



4. Any structure that is in a state of dilapidation, deterioration or decay or as otherwise provided by law.



5. Or as otherwise provided by law.



4. Refuse – (garbage, trash, rubbish) - The animal and vegetable waste resulting from handling, preparation, consumption of food; combustible and non-combustible waste materials including ashes, metal cans, paper, rags, cartons, boxes, rubber, metals, mineral material, glass and other similar materials. Excluded items include construction, building, demolition materials, vehicle parts, and hazardous waste.



5. Unsafe structure: - An unsafe structure is one that is found to be dangerous to the life health, property or safety of the public or the occupants of the structure or is so damaged, decayed, dilapidated, and structurally unsafe.



2. COMMUNITY ACCESS POLICY
1. For any building permit work (contractors), access hours remain as Monday through Friday 7:30 A.M. to 5:30 P.M. and Saturday 9:00 A.M. to 1:00 P.M.



2. For all non-building permit work performed by someone other than the homeowner that would ordinarily be defined as construction, access hours are Monday through Friday 7:30 A.M. to 5:30 P.M. and Saturday 9:00 A.M. to 1:00 P.M. All work must be completed by the stated times without exception. All contractors and their vehicles must vacate Indian Mountain Lake property by 6:00 P.M. Monday through Friday and by 1:30 P.M. Saturday.



3. For non-building permit work performed by someone other than the homeowner, which would not ordinarily be defined as construction/demolition, access hours are Monday through Saturday 7:30 A.M. to 5:30 P.M. All work must be completed by 5:30 P.M. without exception. All contractors must vacate Indian Mountain Lake property by 6:00 P.M. Access will not be determined by the office.



4. Non-construction related deliveries are excluded from these rules.



5. Construction deliveries must follow normal construction access hours Monday through Friday 7:30 to 5:30 P.M. and Saturday 9:00 to 1:00 P.M.



3. EXTERIOR PROPERTY AREAS
1. Sanitation - All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The member shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.



2. Grading and drainage - All premises shall be graded and maintained to prevent the erosion of soil. Each owner shall keep drainage ditches and swales located on his lot free and unobstructed and in good repair.



1. Responsibility of Property Owners – It shall be the primary responsibility of each residentiaresidential llot, by its owners, to diligently, effectively, and properly maintain and keep that portion of the drainage swale within or abutting such property, and all drainage facilities there, including the driveway pipe serving such property's access, clean and free of obstruction by the thorough removal of such vegetation and debris. The owners of such lots shall be responsible for periodically inspecting the drainage swale, and its pipes and other facilities, for accumulations of material and debris and obstructions thereof, and for clean out and obstruction removal.

If the owners of their respective lots desire to, but cannot personally service their portion of the drainage channel, they must hire or engage another to capably perform the service..

If the owners of their respective lots do not so maintain and keep such drainage swale clean and free of obstruction, then IMLCA may, without any obligation, do so, and the cost thereof shall be assessed to the respective lot.

If a claim is presented to or lawsuit is asserted against IMLCA for property damage or other losses sustained by the property owner abutting the drainage swale or others due to water accumulation or flooding and wet/icy conditions caused by a property owner’s failure to so maintain their respective drainage swale, the responsible property owner shall be held liable by IMLCA for such damages or losses, and for all of IMLCA’s costs and attorneys fees in administering the claim or defending the lawsuit.

2. Responsibility of the IMLCA - IMLCA’s drainage maintenance responsibility shall be limited to that portion of drainage swales within or abutting the common areas and its properties.

IMLCA shall not be obliged to inspect the drainage swales abutting the residential lots and inform their respective lot owners or occupants of the swale condition, but may do so after it is notified of such swale conditions or water accumulation or flooding are brought to its attention. Nothing herein is intended to create any duty for IMLCA to any lot owner, resident, tenant, occupant, guest, or visitor and otherwise for any harm (injury or damage) to person or property.

3. Enforcement - A violation of this policy and regulation, or an owner’s refusal to otherwise cooperate in good faith with the administration of same may result in IMLCA disciplinary action, and legal action by IMLCA to collect the assessment for the cost of such clean-out and obstruction removal or to enforce the lot owner’s maintenance responsibility, plus collection of all of its Court costs and attorney’s fees.



3. Weeds - All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.



4. Accessory structures - All accessory structures, including detached garages, sheds, storage buildings, fences and walls, shall be maintained structurally sound and in good repair.



5. Motor vehicles -
   
   
   1. All vehicles stored or parked or kept anywhere within a lot, including within any structure thereat shall be registered to, and insured by the owner/occupant for personal use only, excluding registered overnight guests. No vehicle shall at any time be in a state of disassembly, disrepair, or in the process of being stripped or dismantled.
   
   
   
   2. All vehicle parking areas of a lot must be completely improved as such; the composition of the surface of the parking area shall be cement, asphalt, stone pavers, or gravel. All vehicles must be parked completely within such an improved parking area. Vehicles cannot be parked or stored directly on the lawns or septic field or any unimproved yard area of the lot. No vehicle shall be parked upon a lot without a house thereat or accessory thereto.
   
   
   
   3. All pedal bicycles, motor-bikes or scooters, ATV's, tractors of any kind, and any other motor-powered vehicles that are not required to be licensed shall be stored and parked within a garage or other completely enclosed structure, when not in use.
   
   
   
   4. Commercial car covers will be permitted for temporary use during the period of time necessary to obtain proper vehicle registration and/or to complete repairs. Covers may not be used for more than 3 months for any one vehicle and must be approved covers made for this purpose. Tarps, blankets, drop cloths, etc are strictly prohibited.
   
   

   In the case of classic/antique cars, covers may be used indefinitely if the owner maintains a current and valid classic vehicle registration, insurance and current state inspection sticker.

   
   
   
6. Exterior structure - The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. All wood and metal surfaces, including but not limited to, window frames, doors, door frames, cornices, porches and trim shall be maintained in good condition. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. Each structure to which a lot and section number has been assigned shall have such lot and section number displayed in a position easily observed and readable from the road right-of-way.



7. Accumulation of rubbish or garbage - All exterior property and premises, of every structure shall be free from any accumulation of rubbish or garbage. No lot or other area within the boundaries of IMLCA shall be used as a dumping ground for refuse of any kind.



8. Disposal of refuse - Trash, garbage, or other waste shall be kept in bags which are to be placed in solid containers with lids. All trash containers/receptacles must be properlty secured and maintained in good repair. Refrigeration units, including but not limited to air conditioners, freezers and refrigerators must be tagged and certified as “Deactivated free of chloroflourocarbons (CPCs) and Hydrochloroflourocarbons (HCFCs)”.



9. With property owner’s consent, and follow-up written confirmation, the Association may make immediate and appropriate arrangements for trash clean up for a fee in the minimum amount of $50.00.



10. Appearance -
    
    
    1. All wood must be stacked neatly on your property, or in an appropriate rack for holding wood.
    
    
    
    2. 2. No equipment, appliances, or household furniture or fixtures of any kind shall be placed, maintained, or left within the yard area of a lot or remain attached to a building thereat unless customarily a part of or accessory to the house. When not in use, such articles shall be removed from the yard area.
    
    

    Exceptions:

    • Two barbeque grill units
    
    
    • Outdoor lighting
    
    
    • One basketball hoop/back board unit in good repair; not to be located adjacent to the road.

    All other exceptions shall be allowed only upon approval of IMLCA after written request to the Board of Directors.

    
    
11. Violations - If property owner is found to be in violation of any of the above, the Association will give written notice that the owner is in violation of the Rules and Regulations. If after fourteen (14) days from the mailing of the written notice, the violation still exists, the Association has the right, while not obliged, to do all or any of the following:



1. To issue a citation and fine in the amount of $200.00 for each violation. In addition to the initial fine, additional monetary fines in the amount of $25.00 per day will be charged for each and every day that the violation remains unresolved, up to a maximum of $250.00 per month. The daily fines will be charged for every day, beginning the day after the citation is issued.



2. To remedy the violation as it deems properly and legally appropriate.



3. Upon appropriate Board resolution to initiate a court action to abate the condition and/or to recover all costs, fees, attorneys fees, fines, or other charges or obligations incurred by the Association in regards to this matter and recoverable under the By-Laws.


12. Indemnification waiver and hold harmless - The Association does not make any representation on the current condition of any premises nor future maintenance of any lot. The regulations set forth in this document are for the protection of the Association. Lot owners, their successors and assigns whether by voluntary or involuntary conveyance, or contractors have no independent rights hereunder or claim for malfeasance, nonfeasance or misfeasance. The primary purpose of the Property Maintenance Article of the Association is to assist healthful and harmonious living, and to promote, assist and encourage the collective interest of all owners in the development. It must be understood by all owners that neither the Association management, or it's staff, the committees, the Board Of Directors of the Association, nor any person acting on behalf of any of them shall be responsible in any way for any errors, failures, interpretations or violations of these Rules and Regulations, or in any work done, relative to the Property Maintenance Article, or any plan, design, erection and construction of any buildings or structures or other work performed. Further, the owners, their successors and assigns shall indemnify, hold harmless, protect, exonerate and defend the directors and officers, management, and any person acting on behalf of any of them, from and against any and all costs, claims or liabilities arising out of actions taken or decisions made while administering the Property Maintenance Article in any respect thereto, or performing any duty, or failing to perform any duty, whether based on or due to error, fault negligence, or otherwise. The Association shall not be responsible for and has no liability whatsoever for enforcement of the Property Maintenance Article, inspection of premises in violation or subsequently brought into compliance. By its approval of any work, inspection or notice of compliance, the Association does not make any representation with respect to actual conditions or accuracy of any information submitted to the Association upon which it makes it determinations. The owners, their successors and assigns, waive and release any and all claims against the Association, its agents, representatives, employees, committee members or any person acting on its behalf, related to the Property Maintenance Article. Owners and their successors and assigns, have no claims against the Association and its representatives agents for malfeasance, nonfeasance or misfeasance in administering this article. Further, you agree not to sue for negligent inspection or approval of work or plans which may not be compliant with the article or failure to enforce the article, whether by mistake or otherwise. Any variation of the article by intent may not serve as the basis of any suit against the Association, whenever the term "Association" is used in this article, it shall include all officers, employees, agents, or others serving on behalf of the Association.

ARTICLE XVIII - PUBLIC ORDER AND DECENCY

1. No solicitation is permitted within the IML Community.



2. Persons are prohibited from engaging in any act or undertaking which unreasonably disturbs or harasses or alarms any member or person within the IML community.



3. A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he/she engages in fighting or threatening, or in violent or tumultuous behavior make unreasonable noise, uses obscene language or makes an obscene gesture, creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.



4. Any person who creates any condition (loud, boisterous activity, excessive volume, etc.) shall be guilty of public nuisance when such activity interferes with another person's right to peace, or is capable of interfering with another person's right to peace.



5. Any person who erects, sets up, establishes, maintains, keeps or continues, or causes to be erected, set-up, established, maintained, kept or continued, any condition (loud, boisterous activity, excessive volume, etc.) shall be guilty of a 'Public Nuisance' when such activity interferes with another person's right to peace and quiet, or is capable of interfering with another person's right to peace and quiet. The following definitions and exceptions apply:



1. Noise is a 'Public Nuisance' if it continues and/or is incessant for a period of ten (10) minutes to the disturbance of any person at any time of the day or night regardless of whether the noise is emanating in, from or upon private property or a vehicle on IMLCA roadways or amenities.



2. Noise is a 'Public Nuisance' if it is intermittent for one-half (l/2) hour or more to the disturbance of any person at any time of the day or night regardless of whether the noise is emanating in, from or upon private property or a vehicle on IMLCA roadways or amenities.


6. A person will be issued a citation if he appears in any public place manifestly under the influence of alcohol or portrays characteristics of being under the influence of drugs and/or alcohol to the degree that he may endanger himself or other persons or property, or annoys persons in his vicinity. Underage drinking is prohibited on any IML property. A zero tolerance approach will be taken in the enforcement of this rule.



7. A curfew shall apply to persons seventeen (17) years of age and under. It will be in effect from 7:00 pm to 7:30 am (Eastern Standard Time) or 9:00 pm to 6:30 am (Eastern Daylight Time) at all IMLCA amenities and property, except the Clubhouse basketball court/play area, which will be 11:00 pm year round. Loitering is not permitted on the Clubhouse deck/property. Persons seventeen (17) years of age and under must be accompanied by their parent or legal guardian beyond curfew hours. The President or his authorized representative may modify curfew hours at designated areas to resolve specific situations.

ARTICLE XIX - BUS STOP RULES

The primary responsibility of the security officer, when at the bus stop, is to assist with the crossing of children across Association roadways but officer may also enforce the following rules when possible and appropriate.

1. Every Parent/Guardian is responsible for his/her child's safety and behavior while at the bus stop whether or not the parent is present. Any behavior that would endanger the health, safety, or welfare of children or adults will be considered unacceptable and subject to disciplinary action.



2. Everyone must obey the directions of the Security Officer or other designated Association agent.



3. Each parent or selected driver of his/her child must park in a designated parking space. Drivers may not park or drop off children on Lookout, Mountain, Pohopoco, Lakeshore, Twin Lake Road or on the mailbox entrance or exit ramps.



4. All vehicles are required to remain in designated parking spaces until children have boarded or disembarked school buses and the bus has departed for both pick up and drop off times. Vehicular movement in parking lots also prohibited during such times as school buses have flashing lights activated



5. Bicyclists must follow the Pennsylvania Bicycle Laws.

ARTICLE XX - ENFORCEMENT OF RULES AND REGULATIONS

1. A violation of IMLCA Rules and Regulations may result in a citation being issued and an appearance before the Arbitration Committee as provided for under Article IV, Section 6 of the By-Laws. Violation of a rule or regulation may result in a monetary fine, suspension of the property owner's privileges or both as well as possible Civil Action to recover sums due for damages.



2. Any fine imposed by the Board of Directors for a violation of the Rules and Regulations shall be considered a charge against the property owner. If the fine is not paid within 30 days of the written notification, the fine will be entered on the member's account as due to the Association and may be pursued for collection through the Magistrate's Court.



3. Members will be responsible for all fines levied against their relatives, guests, tenants, and visitors for violations of the Rules and Regulations of the Association.



4. Chronic offenders of the Rules and Regulations may be suspended from using any of the amenities for forty (40) days upon recommendation of the Arbitration Committee after three (3) citations have been issued. A ninety (90) day suspension may be instituted for subsequent offenders with the approval of the Board of Directors. If a suspended offender is found utilizing the amenities during suspension, he/she may be charged with defiant trespass along with whatever additional violations and fines are deemed appropriate.

ARTICLE XXI - ENFORCEMENT PROCEDURES

The original copy of a citation will be filed with the IMLCA Arbitration Committee and a copy will be sent to the member/offender by certified mail. Within ten (10) days of forwarding of the citation, the member shall:

1. Plead guilty by forwarding to the Civic Association an amount equal to the fine and costs set forth in the Citation and waiving to the extent allowed notice or further adjudication.



2. A hearing date will be fixed and the cited member and/or violator or designated representative of the member shall be entitled to a defense hearing prior to further action. Member and/or violator or designated representative of the member should notify the IMLCA Office within five (5) days of such hearing of their intent to appear before the Arbitration Committee.



3. If not satisfied with the decision before the Arbitration Committee, the violator may request an appeal hearing before the BOD. This request must be in writing and delivered to the Association Secretary within ten (10) days after the first decision of the Arbitration Committee.



4. Where citation or notices of Decision are mailed, receipt and forwarding shall be the date of depositing same in the United States Mail.



5. Failure to respond within the time limits specified above will result in necessary legal steps to collect the fine and costs set forth in the citation (By-Laws: Article X Section 2).

ARTICLE XXII - FINES

1. Pennsylvania Motor vehicle violation - $25
1. Unlicensed driver - $75



2. Speeding - Radar Documented
1. 26 - 39 mph - $75 *
2. Over 40 - $150 *
3. Subsequent Violations - $300


3. STOP Sign - $35 *



4. No Passing Zone - $75



5. Unregistered Vehicle
1. State registration - $75
2. IMLCA registration - $50


6. Uninspected vehicle - $50



7. Careless driving - $100



8. Passengers in open bed trucks - $50



9. Illegal Turn - $25



10. Illegal Parking
1. Handicapped Zone - $70
2. Double Parking - $10
3. On-Street Parking - $25
4. Commercial Vehicle - $150


11. Illegal Dumping and Littering - $300



12. Damage to Amenities - $250 + Repair or Replacement



13. Breaking or Lifting Gate Arm - $150 + Repair or Replacement



14. Health and Sanitation - $50
1. Illegal Burning - $500 **


15. Badge Violation - $10



16. Rental Policy Violation - $100



17. ATV Violation - $200 **



18. Firearm or Fireworks Violation - $500 **



19. Modular Home Transport Violation - $100 + Damage & Repair Costs



20. Failure to Comply or Yield - $200 **



21. Public Order and Decency - $100



22. Pet Violation - $100 *



23. Fishing Violation - $100.00



24. Watercraft Violation - $50
1. Removal Fee > 30 Days - $50


25. School Bus & Related Violations - $100
*


26. Property Maintenance - $200 - Article XVIII, Violations
1. Monthly maximum of $150 applies - $25 Daily sanction


27. Fraudulent Use of Gate Cards - $100 *



28. Auction/Open House ViolationsOther Violations - $1000



29. All Other Violations - $50

* FINES DOUBLED for subsequent violations. A third repeat violation will result in Association Mandated Sanctions. All escalating fine structures as written in the IMLCA Rules and Regulations will be for one year from the original incident. Administrative costs will be added to all fines.

** No Warnings Given - ZERO Tolerance.

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