Clubhouse Policies

BACKGROUND

Through some careful financial stewardship and sale of surplus properties over the last decade, the Buckingham Homes Association Board of Directors obtained funding sufficient to completely rehabilitate the old fire station “Beach House”, and to develop our new Clubhouse.

This Clubhouse is designed for the use of Association Members and was not envisioned to serve as a community center where continual ongoing activities are conducted and supervised. Operation of the Clubhouse as a continuously open community center would require additional staff and more extensive supervision.

The rental fee structure is designed to cover operational costs of the additional rental hours, routine maintenance and a longer term maintenance and replacement contingency. It is not designed as a profit making enterprise for the Association.

The above are among reasons for rental being limited to Buckingham Homes Association Members and for the fee structure to be significantly lower than corresponding rental facilities in Lake County.

CLUBHOUSE USE

There are three categories of those designated to use the Clubhouse:

The BHA Board of Directors

BHA Board Affiliates

Individual BHA Members

BHA Board of Directors

The Buckingham Board of Directors has priority use of the Clubhouse for carrying out the business of the Association and for social or educational functions that benefit the members of the Association.

Affiliates of the BHA Board

Affiliates of the Buckingham Board of Directors are groups recognized by the Board that develop and implement programs which provide activities for Buckingham residents.

Such activities may be educational or social. Any net proceeds generated by an affiliate should be used for the betterment of the Clubhouse and/or Association.

Any group of Buckingham residents can become an Affiliate in the following manner:

First apply to the BHA Board of Directors for approval, using the Affiliate Application Contract provided by the Board.
Then designate two Buckingham Owners of Record, who will take responsibility for any actions of the Affiliate.

Once the Affiliate is established, approved by the BHA Board and the $500.00 security/cleaning deposit is paid, a clubhouse key is issued to the presiding officer of that Affiliate.

New applicants for Affiliate status will be placed on a six month probation period. At the end of the probation period, a report of Affiliate activities will be presented to the BHA Board of Directors. Upon approval of the Board, continuing status will be granted to the Affiliate.

All Affiliates will be reviewed on an annual basis by the BHA Board of Directors.

Individual Members

Individual persons who are Buckingham Owners of Record in good standing may contract to rent the Clubhouse for social, educational, or other purposes. The Clubhouse may not be used for commercial purposes designed to generate income for any individual.

“Commercial Purpose” is herein defined as selling items or services to the public and receiving a fee. This definition does not, however, include ancillary services such as hiring an orchestra, catering services, etc.

Individual persons renting the Clubhouse must sign a rental agreement, post a security/cleaning deposit, and will be charged a rental fee. Moreover, individual persons will acknowledge in that rental agreement their obligation to indemnify and hold the Association harmless for any breach thereof.

Most of the procedures and requirements for either Affiliate rental or individual rental are covered in the respective contracts. Copies are included at the end of this section for your information and convenience.

POLICY REGULATIONS

The Association Manager is the Rental Agent for the Board of Directors. He/she shall be responsible for carrying out the intent and specifications of the rental agreement to include the review of the terms of the agreement, the cleaning checklist, walk-through and final inspections with each renter.
Any renter or a member of an affiliate group must be a BHA Owner of Record in good standing and must sign the rental agreement. Individual renters or the member of the affiliate group may reserve an event date with a security/cleaning deposit as outlined in the rental agreement. All payments must be made by the Owner of Record, who has signed the rental agreement, at least two weeks prior to the event or the rental agreement may be considered null and void. The full security/cleaning deposit shall be retained and the date released.
The renter may not sublet the Clubhouse to any other party and must be present for the duration of the event.
The Clubhouse may not be rented on major holidays, which include: New Year's Day (observed), Martin Luther King Jr Day, Presidents' Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Indigenous Peoples' Day, Veterans Day (observed), Thanksgiving, New Year's Eve, without prior approval by the Board of Directors.
All Affiliate activities will be open to all Buckingham residents.
Clubhouse use by an Affiliate is reserved for non-commercial use only. No products or services may be sold; this does not include monies collected for the Buckingham Homes Association.
Damages above and beyond that provided for by the security/cleaning deposit will result in the retention of the full security/cleaning deposit; a statement of damages will be prepared and presented to the Tenant. He/she will have 30-days to pay for the damages.
Any and all enforcement by the Association of the terms of the rental agreement shall include those rights set forth pursuant to Clause XII, Right to Enforce under the Buckingham Homes Association Limited Declaration of Restrictions, Covenants and Conditions, including, but not limited to, lien rights on property owned by an Affiliate renter or individual renter in the Association. The CC&Rs are hereby incorporated and made part hereof as though fully set forth.

CHARITY NON-PROFIT AND CELEBRATION OF LIFE CONDITIONS

Clubhouse Rental Fees will be waived for registered Charity Non-profit, Memorial/Celebration of Life events.
Security and Cleaning deposits will be waived for non-profit, Memorial/Celebration of Life events.
A certificate naming the Buckingham Homes Association, LTD as an additional insured on the sponsor’s liability policy is required.

INDEMNITY/ATTORNEY FEES

Association shall not be liable for any damage or injury to the Affiliate renter or the individual renter or any other person, or to any property, occurring on the Clubhouse premises or any part of the premises. Affiliate renter or individual renter agrees to indemnity, defend and hold harmless for any liability, costs (including reasonable attorney fees), or claims for personal injuries or property damage caused by the negligent, willful, or intentional act or omission to act of guests or invitees.

In the event of legal action brought by either party respecting the terms hereof, the prevailing party shall be entitled to all costs incurred in connection with such action, to include reasonable attorney fees.