trilogy at vistancia community association ... - My Trilogy Life

TRILOGY AT VISTANCIA COMMUNITY ASSOCIATION
ASSOCIATION RULES
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TRILOGY AT VISTANCIA COMMUNITY ASSOCIATION
ASSOCIATION RULES
Table of Contents
Page
ARTICLE 1
PURPOSE, ORGANIZATION AND FINANCE
1.1 Defined Terms.............................................................................................................5
1.2 Project Documents.......................................................................................................5
1.3 Management................................................................................................................5
1.4 Committees..................................................................................................................6
1.5 Communication. ..........................................................................................................6
1.6 Finance - Assessment Collection Policy.......................................................................7
ARTICLE 2
VISTANCIA MAINTENANCE CORPORATION...............................................................10
ARTICLE 3
COMMON AREA AND FACILITIES
GENERAL RULES
3.1 Membership and Renter Identification Cards. ............................................................11
3.2 Guests Using the Facilities on Common Areas...........................................................12
3.3 General Rules Applicable to All Common Areas. ......................................................14
3.4 Rules Applicable to the Kiva Club. ............................................................................15
ARTICLE 4
GENERAL RULES GOVERNING THE USE OF GOLF CARTS .......................................23
ARTICLE 5
GENERAL RULES GOVERNING THE USE OF LOTS AND COMMON AREAS
5.1 Animals. ....................................................................................................................25
5.2 Garage Doors.............................................................................................................25
5.3 Garage Sales..............................................................................................................25
5.4 Maintenance of Lots. .................................................................................................25
5.5 Open Houses..............................................................................................................25
5.6 Signs..........................................................................................................................25
5.7 Trash Containers........................................................................................................26
5.8 Private Streets............................................................................................................26
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ARTICLE 6
POLICY OF CORRECTIVE ACTIONS
AND
SCHEDULE OF FINES
6.1 Notice and Hearing; Suspension of Rights; Lien Rights. ............................................27
6.2 Violations of Section 3.1 of the Declaration, Architectural Control. ...........................27
6.3 Violations of Section 3.7 of the Declaration, Trash Containers and Collection, and
Section 5.7 of these Rules, Trash Containers..............................................................27
6.4 Violations of Section 3.12 of Declaration, Animals, and Section 5.1 of these Rules,
Animals.....................................................................................................................28
6.5 Violations of Section 3.17 of the Declaration, Vehicles and Parking, and Section 5.8 of
these Rules, Private Streets........................................................................................28
6.6 Violations of Section 3.33 of the Declaration, Housing for Older Persons; Age
Restriction, and Violations of Article 8 of these Rules, Policies, Procedures, Rules And
Regulations For Occupancy Restrictions....................................................................28
6.7 Violations of Section 7.2 of the Declaration and Section 5.4 of these Rules,
Maintenance of Lots. .................................................................................................28
6.8 Violations of Section 7.7 of the Declaration, Installation of Landscaping...................28
6.9 Other Violations. .......................................................................................................29
ARTICLE 7
COMPLAINTS CONCERNING VIOLATIONS..................................................................30
ARTICLE 8
POLICIES, PROCEDURES, RULES AND REGULATIONS FOR OCCUPANCY
RESTRICTIONS
8.1 Purpose......................................................................................................................31
8.2 Occupancy Requirements. .........................................................................................31
8.3 Age Verification. .......................................................................................................32
8.4 Incorporation of Provisions in Declaration.................................................................32
ARTICLE 9
TRILOGY CLUBS
TRILOGY CLUBS ...............................................................................................................33
9.1 Introduction. ..............................................................................................................33
9.2 General Information...................................................................................................33
9.3 Establishing a Trilogy Club. ......................................................................................34
9.4 Membership And Club Operation. .............................................................................36
9.5 Financial Controls and Procedures.............................................................................40
9.6 Fees and Charges.......................................................................................................42
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EXHIBITS:
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Age Verification for Trilogy at Vistancia Community Association
Age Verification for Renters at Trilogy at Vistancia Community Association
Age Verification Survey for Trilogy at Vistancia Community Association
List of Approved Club Forms Available at Association Office
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TRILOGY AT VISTANCIA
ASSOCIATION RULES
(Adopted March 1, 2004)
ARTICLE 1
PURPOSE, ORGANIZATION AND FINANCE
1.1 Defined Terms. Unless otherwise defined, the capitalized words and phrases
when used in these Rules shall have the meanings set forth in Article 1 of the Declaration of
Covenants, Conditions and Restrictions for Trilogy at Vistancia.
1.2 Project Documents. The Trilogy at Vistancia Community Association was
established on April 14, 2003, as an Arizona nonprofit corporation for the purpose of providing
management, maintenance and care of the Common Area (which includes, without limitation,
the Kiva Club and Alvea Spa) and any other property placed under its jurisdiction. The duties
and powers of the Association are defined in the following documents, which are hereinafter
referred to as the “Project Documents”:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
Declaration of Covenants, Conditions and Restrictions for Trilogy
at Vistancia, as may be amended from time to time (the
“Declaration”), and any Supplemental Declaration that may be
Recorded over all or any portion of the Project;
Articles of Incorporation of Trilogy at Vistancia Community
Association;
Trilogy at Vistancia Community Association Bylaws;
Association Rules (these “Rules”);
Design Guidelines; and
Declaration of Covenants, Conditions, Restrictions and Easements
for Trilogy at Vistancia Golf Club.
Each Member of the Association is provided with a copy of all Project Documents, and
all Project Documents will be available for viewing on the Trilogy Website described in Section
1.5 below. By taking title to a Lot within the Property, a Member agrees to comply with the
provisions of the Project Documents as they pertain to the Owners and Members. These Rules
are supplemental to all other Project Documents. Members are encouraged to read all Project
Documents to gain an understanding of how the Association operates and what restrictions are
placed upon their Lots and the Common Area.
1.3 Management. The Board is responsible for the administration of the Association
and is authorized to hire personnel necessary for the daily operation of the Association and its
Areas of Association Responsibility. Until the Transition Date (as defined in Section 1.53 of the
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Declaration), the Declarant has the authority to appoint and remove members of the Board.
After the Transition Date, the Members of the Association will elect the Board.
The Board has selected a management team to oversee the daily operation of the
Association. The management team will report to the person the Board has selected to supervise
the management team (the “Manager”), who will work closely with the Board to assure that the
Association is being operated in a manner that will enhance and preserve the Property.
1.4 Committees. As the Project develops, the Board may appoint individuals to
serve on committees to assist the Board on professional, technical and organizational matters.
These committees may include, but are not limited to:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
Architectural Review Committee
Communications Committee
Elections Committee
Financial Committee
Golf Committee
Maintenance Committee
Resident Partner Committee
(viii) Patrol and Gate Committee
(ix)
Social Activities Committee
Members will be notified when committees are formed and the names of individuals
appointed to the committees. Members are encouraged to advise the Manager of any interest in
serving on a committee.
1.5 Communication. Communication between the Members, the Board and the
management team is an important component in the success of any neighborhood association.
The electronic website for Trilogy at Vistancia and other Trilogy communities developed by
Affiliates of Declarant, www.MyTrilogyLife.com (the “Trilogy Website”), is available to
Members and will be the primary method of communication for the Project. Specific rules for
use of the Trilogy Website are posted on the website. Trilogy Website communications also will
be posted or available at the Association office for those Members who do not wish to receive
communications electronically. A newsletter may be prepared by the management team from
time to time and made available to each Member on the Trilogy Website or by pickup at the
Association office.
Bulletin boards may be located in the Kiva Club. The boards will be used to promote
Association events and activities. Registration sheets for Association classes and activities may
also be posted on the boards, made available at the Association office and posted on the Trilogy
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Website. Postings by persons, groups or organizations other than the Association is prohibited
unless approved by the Manager. Solicitation and electioneering on Association property is
prohibited.
A courtesy telephone is available in the Kiva Club for local and emergency calls only.
1.6 Finance - Assessment Collection Policy. The funds necessary to operate the
Association and its facilities are provided by the Assessments levied by the Association against
each Lot within Trilogy at Vistancia, and for any time period in which the Board elects to issue
Non-Resident Club Memberships (defined in Subsection 3.1.4), the fees and dues charged to
each Non-Resident Club Member (“Non-Resident Club Dues”). The Board, subject to the
provisions of the Declaration, has the authority to levy (i) Annual Assessments to provide for the
operation and management of the Association and to provide funds for the Association to pay all
Common Expenses and to perform its duties and obligations under the Project Documents, (ii)
Special Assessments for the cost of any construction, reconstruction, repair or replacement of
facilities upon the Common Area (e.g., the cost of repair or reconstruction of an Improvement
upon the Common Area for which funds have not been collected and reserved), and (iii)
Neighborhood Assessments for special services provided to less than all Owners of Lots (e.g.,
the cost of maintenance and repair of Common Area reserved for the exclusive use of less than
all Owners). The financial stability of the Association is dependent upon the timely payment of
all Assessments, Non-Resident Club Dues (when applicable) and all other fees and charges of
the Association. Billing statements for Assessments will be mailed to each Owner at least two
weeks prior to the due date.
The following rules shall apply to the payment of Assessments:
1st day of each January, April, July
and October:
15th day of month in which
assessment is due:
Assessment is due and payable
to Trilogy at Vistancia
Community Association at an
address provided to each Owner
by the Association from time to
time.
If payment is not received at the
above address by this date, a
$15.00 charge for late payment is
automatically assessed. Charges
for late payment will be applied
on every account showing one
full assessment due with no
notice to Owner.
15th day of the following month (45
days delinquent):
If payment is not received at the
above address by this date, an
“intent to lien” letter will be sent
to the delinquent Owner, which
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will explain the process that will
take place on the last day of the
month (approximately 60 days
delinquent).
Last day of following month (60
days delinquent):
90 days after assessment was
originally due:
Returned checks:
If payment is not received within
two months after its due date, a
letter will be sent to the Owner
demanding full payment of the
assessment and the late charges.
In addition, a rebilling and
processing fee plus a lien fee will
be added to the Owner’s
delinquent account and a lien
will be recorded on the Owner’s
property. At this point, payment
must include all late charges and
fees and be paid by cashiers
check, certified check or money
order. The lien will remain on
the property until the account is
current.
The matter is referred to an
attorney or collection agency for
collection. Remedies may
include filing a lawsuit against
the delinquent Owner. Any fees
incurred in the collection of this
matter will be charged to the
delinquent Owner. All Owner
privileges, including the right to
vote and the right to use the
Common Area (except that no
Owner will be denied access to
his Lot) will be revoked until full
payment is received.
There will be a charge for checks
not paid by an Owner’s bank.
All fees and charges for delinquencies will be at the cost charged to the Association by
the provider of the services.
The fiscal year for the Association is the calendar year. The amount of the Annual
Assessment will be determined each year by the Board and all Owners will be notified of the
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Annual Assessment for the next fiscal year at least thirty days prior to the beginning of the new
year.
The following rules shall apply to the payment of Non-Resident Club Dues:
1st day of each January, April, July
and October:
15th day of month in which Non-
Resident Club Dues are due:
Returned checks:
Assessment is due and payable to
Trilogy at Vistancia Community
Association at an address provided to
each Non-Resident Club Member by
the Association from time to time.
If payment is not received at the above
address by this date, the Non-Resident
Club Membership automatically shall
be terminated.
There will be a charge for checks not
paid by an Owner’s bank.
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ARTICLE 2
VISTANCIA MAINTENANCE CORPORATION
Trilogy at Vistancia is a “Village” within the master planned community of Vistancia.
Vistancia is comprised of the City of Peoria’s Planned Community Districts known as Lakeland
Village and Whitepeak Ranch. Single family homes, multi-family dwellings (including, without
limitation, rental apartments, town houses and condominiums), recreational amenities (both
public and private), worship sites, professional offices, commercial and industrial development,
schools, governmental offices and service sites are all included as possible land uses within
Vistancia. All property within Vistancia, including Trilogy at Vistancia, is subject to the
Declaration of Covenants, Conditions and Restrictions for Vistancia, dated July 9, 2003,
Recorded on July 9, 2003, in Instrument No. 2003-0898772, as amended or supplemented from
time to time (the “Vistancia Declaration”). The Vistancia Declaration provides that all Villages
within Vistancia and the owners of all non-residential parcels within Vistancia shall be assessed
periodically to provide funds to the Vistancia Maintenance Corporation for the maintenance and
operation of the Vistancia Community Common Areas, which include the master trail system
throughout Vistancia. The Vistancia Annual Assessment is included in the Annual Assessment
payable to the Trilogy at Vistancia Community Association. Members should read and
understand the Vistancia Declaration to gain an understanding of how the Vistancia Maintenance
Corporation operates.
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ARTICLE 3
COMMON AREA AND FACILITIES
GENERAL RULES
3.1 Membership and Renter Identification Cards.
3.1.1 Private Property. The facilities located on all Common Areas are private
and not open to the general public.
3.1.2 Membership Identification Cards. Membership identification cards will
be distributed to Owners upon visiting the Association office after closing a Lot within Trilogy at
Vistancia. The Association will issue 2 membership identification cards to the Owner of each
Lot at no cost. If more than two Owners or Residents reside in a home and desire to use the
recreational facilities, each additional Owner or Resident must purchase a membership card at a
cost of one-half the current Annual Assessment. Such additional membership cards must be
purchased on an annual basis only. If any such additional Owner or Resident can show proof that
he/she does not intend to and will not use the recreational facilities, then the Board may waive
the fee charged for such additional membership card.
3.1.3 Renter Membership Identification Cards. If a Lot is being leased, the
Residents of that Lot shall be entitled to use the facilities on the Common Areas upon issuance of
renter membership identification cards, provided that if there are more than two Residents of a
leased Lot, a membership card must be purchased for each additional Resident at a cost of onehalf
the current Annual Assessment. All renter membership identification cards shall be issued
to an Owner for the benefit of such Owner’s renters upon completion of a rental policy form and
the surrender of the Owner’s membership identification cards. All renter membership
identification cards shall be subject to a nominal processing fee. In accordance with Subsection
4.2.2 of the Declaration, an Owner has no right to use the Common Area if such Owner’s Lot is
leased.
3.1.4 Non-Resident Club Members. The Declaration permits the Association
to allow persons who are not Owners or Residents to use the recreational facilities, subject to
certain provisions. The Board has elected to grant to a limited number of persons who are not
Owners or Residents (a “Non-Resident Club Member”) the privilege of using certain facilities at
the Kiva Club and Alvea Spa (a “Non-Resident Club Membership”), subject to all of the Rules
contained herein, where applicable, and subject to additional rules applicable only to Non-
Resident Club Members (if any). Any person who has applied for and received a Non-Resident
Club Membership shall be entitled to use the following recreational facilities within the Kiva
Club and Alvea Spa: swimming pools and hot tubs, all facilities within the Athletic Club (i.e.,
locker rooms, aerobics studio, cardio equipment and weight equipment), tennis courts, bocce
courts and the services offered by the Alvea Spa at rates determined by the Alvea Spa from time
to time (collectively, the “Non-Resident Club Member Facilities”). Except for the private streets
within the Project used for access to the Kiva Club and Alvea Spa, a Non-Resident Club Member
shall not be entitled to use any other Common Area within the Project or any Vistancia
Community Common Area. By accepting a Non-Resident Club Membership, Each Non-
Resident Club Member acknowledges that the membership held is not a membership in the
Association, but rather it is a membership for the limited use of the Non-Resident Club Member

Facilities. Each Non-Resident Club Membership shall be issued by the Association for a limited
time period, and the decision whether to renew or extend such Non-Resident Club Membership
for any period of time is at the sole discretion of the Board, subject to the provisions of Section
5.14 of the Declaration. In addition, Non-Resident Club Members may be subject to restrictions
established from time to time on the use of the Non-Resident Club Member Facilities during
peak hours. By accepting a Non-Resident Club Membership, a Non-Resident Club Member
agrees to comply with the provisions of these Rules as they pertain to the Owners and Members,
where applicable, and any additional Rules adopted which may pertain only to Non-Resident
Club Members. Wherever the term “Member” appears in these Rules, the definition shall
include a Non-Resident Club Member unless otherwise specified.
3.1.5 Non-Resident Club Membership Cards. A membership card shall be
issued to each Non-Resident Club Member upon application for Non-Resident Club
Membership, acceptance thereof by the Association and full payment of fees. Non-Resident
Club Members are not entitled to bring guests to the Kiva Club or Alvea Spa.
3.1.6 Evidence of Membership. The membership identification cards give
evidence to Association employees that a person is entitled to use the facilities on the Common
Areas. Membership identification cards must be carried or worn by Owners, Residents and Non-
Resident Club Members whenever using the facilities. Persons not possessing a membership
identification card shall not be allowed to use the facilities. If a membership identification card
is lost or stolen, it should be reported to the Manager immediately. Replacement cards will be
issued for a fee to cover the cost of replacing the card.
3.2 Guests Using the Facilities on Common Areas. Residents shall be entitled to
have guests accompany them and use the recreational facilities on Common Areas in accordance
with the provisions of this Section:
3.2.1 Restrictions, Terms and Conditions of Guest Usage.
(i)
(ii)
(iii)
Guests 3 years of age and older must be registered by the host
Owner or Resident at the Association office and must wear or
carry with them guest identification at all times when using the
facilities. Guests not possessing guest identification or a Facilities
Pass (described below) may be asked to leave the facilities by
Association staff. Lost guest identification or Facilities Pass may
be replaced for a fee.
The Residents of each Residential Unit shall limit the number of
guests using the facilities at any one time to 6. Use of the facilities
by more than 6 guests will require a reservation to be made with
the Association’s Activities Director and may be subject to rental
fees applicable to group functions.
Guest identification will not be issued to any person for more than
a total of 30 days in any calendar year. Any guest that is
occupying a Residential Unit with a Resident and wishes to utilize
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the facilities for more than 30 days in any calendar year must
purchase a “Facilities Pass” as described in Subsection 3.2.4
below.
(iv)
(v)
(vi)
Guests under the age of 18 must be accompanied by the host
Owner or Resident at all times while using any of the facilities
unless special arrangements have been made with the management
team.
Guests 18 years of age and older may use the facilities without
being accompanied by the host Owner or Resident; however,
Owners and Residents are encouraged to accompany their guests.
Guests must comply with all Association policies, rules and dress
codes. The Association may revoke without notice the privileges
of any guest who elects not to comply with the Association
policies, rules and dress codes.
3.2.2 Guests of Declarant and Affiliates. Pursuant to Subsection 4.2(iii) of the
Declaration, Declarant and its Affiliates have the right to permit prospective purchasers to use
the recreational facilities. Purchasers that have signed a purchase contract with Declarant or an
Affiliate but have not yet closed escrow and do not yet reside in Trilogy at Vistancia (“Purchaser
Guests”) shall have the right to use the facilities upon presenting a copy of their purchase
contract at the Association office and receiving guest identification to be used until the close of
escrow. Purchaser Guests shall be subject to the same rules and regulations as Owners and
Residents, except that Purchaser Guests shall not be entitled to become committee members or
Trilogy club members (as described in Article 9 of these Rules) until such Purchaser Guests have
become Owners and/or Residents.
3.2.3 Guest Fees. Except for guests requiring a Facilities Pass pursuant to
Section 3.2.1(iii) above, no guest fees will apply as of the date these Rules are adopted.
However, Owners and Residents shall use reasonable judgment with respect to guest usage of the
Common Area facilities. The Board reserves the right to establish guest fees at any time the
Board deems necessary to reasonably control usage of the facilities.
3.2.4 Facilities Pass. Guests 3 years of age and older may not use the facilities
for more than 30 days in any calendar year without a “Facilities Pass.” A Facilities Pass shall be
issued by the Association to a guest at the sole discretion of the Association. In order to obtain a
Facilities Pass for a guest, an Owner or Resident must (i) submit an application to the Board for a
Facilities Pass on a form supplied by the Association, (ii) state on the form that the guest is
occupying the Owner’s/Resident’s Residential Unit during the proposed duration of the Facilities
Pass, and if such application is approved, (iii) pay to the Association a sum equal to the amount
of the current Annual Assessment divided by 360 and multiplied by the number of days that the
Owner/Resident desires for the Facilities Pass. For example, if the Annual Assessment is
$1,500.00, the daily charge for a Facilities Pass would be $4.1667, and a Facilities Pass for 90
days would equal $375.00. Upon approval, a Facilities Pass with picture identification will be
issued to the guest. If a Facilities Pass is desired for a term longer than the initial application
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period, an Owner/Resident must repeat the application and payment process after the initial
process. The payment for a Facilities Pass shall be non-refundable. An Owner or Resident
applying for a Facilities Pass for a guest should allow at least 2 weeks for the Association to
consider issuance of a Facilities Pass.
3.2.5 Responsibility for Guests. Owners and Residents are responsible for the
actions of their guests. A violation of any rule by a guest will be deemed a violation by the host
Owner or Resident.
3.3 General Rules Applicable to All Common Areas.
3.3.1 Release of Liability. Each person using the recreational facilities on the
Common Areas does so at his or her own risk and hereby accepts and assumes any and all health
and other risks as may now or hereafter be or become associated with such use, and agrees not to
assert or make any claim against the Declarant or any Affiliate, the Association, or any director,
officer, employee, agent, representative or contractor of the Declarant, any Affiliate or the
Association.
3.3.2 Code of Conduct.
(i)
(ii)
(iii)
(iv)
(v)
All persons must conduct themselves in a civil and courteous
manner at all times and must not jeopardize or interfere with the
rights and privileges of others.
Loud, profane, indecent or abusive language is prohibited.
Harassment or physical abuse of any person by another is
prohibited.
No person’s actions shall compromise the safety of another. All
persons using the facilities on the Common Areas shall obey all
safety rules and shall cease unsafe activity when directed to do so
by Association employees.
Abusive use of the equipment and facilities located on the
Common Areas is prohibited.
3.3.3 Association Employees. All persons shall respect the duties and
authority of Association employees. Any directives, verbal or written, from Association
employees shall stand. If any person disputes an Association employee’s actions, then that
person shall be entitled to a hearing before the Board, or any committee or individual appointed
by the Board for such purpose, to determine the validity or acceptability of any disputed action.
Until the Board or its appointee decides otherwise, the action shall be deemed valid and
acceptable. Any inattention to duty or lack of courtesy by an Association employee should be
reported to the Manager or the Board. All Association employees must wear name tags when on
duty. Association employees who are not Owners or Residents shall be permitted to use the
facilities on the Common Areas during normal hours of operation.
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3.3.4 No Smoking Policy. Smoking is prohibited in all indoor areas of
Common Area and in the outdoor swimming pool areas.
3.3.5 Notices and Advertisements. Only notices or posters related to
Association-approved activities or events will be placed or distributed on Common Area and
must have the approval of the Manager. Such approval must be evident on the notice or
advertisement.
3.3.6 Alcoholic Beverages. Except for transportation over the private streets
in closed containers, no alcoholic beverages may be brought by a Resident to any Common Area.
3.3.7 Pets. Pets (except for assistive animals) shall not be allowed inside or in
the outdoor areas of the Kiva Club or Alvea Spa, including all sports facilities.
3.3.8 Violations. Any person who refuses to comply with these Rules may be
asked to leave a Common Area by Association employees. The Association shall take all actions
available to it pursuant to the Project Documents with respect to chronic offenders.
3.3.9 Lost and Found. Lost and found items will be retained at the
Association office for a 30-day period of time and then discarded if not claimed.
3.4 Rules Applicable to the Kiva Club. The Kiva Club offers many activities for
Owners and Residents. Rules and operating instructions are posted throughout the Kiva Club to
assist Owners and Residents in procedures and the operation of equipment. Persons using the
equipment installed in the Kiva Club should familiarize themselves with the equipment before
using it. Association employees are available to help during normal business hours. The
following rules apply to the specific areas of the Kiva Club:
3.4.1 Days/Hours of Operation. The days and hours of operation will vary
from season to season. Hours for activities and operation are posted in the Kiva Club.
3.4.2 Appropriate Dress. No wet swimwear is permitted except in the pool
areas and adjacent restrooms. Shirts or swimwear with cover-ups and shoes are required inside
the Kiva Club.
3.4.3 Reservations for Private Parties. Certain areas of the Kiva Club may be
reserved for private parties of Owners and Residents on a “first-come, first-served” basis.
Reservations must be made at the Association office The areas allowed to be reserved shall be at
the discretion of the Manager.
3.4.4 Tewa Room. Dance and exercise classes may be held by the
Association in the Tewa Room. Private use of the Tewa Room by Owners, Residents and other
Persons is subject to availability. Requests for use of the Tewa Room for non-Association,
Association committee or Trilogy club-related functions are made on a “first-come, first-served”
basis and may be made one year in advance. Reservations must be made at the Association
office. A rental charge will apply in accordance with a rental agreement in the form approved by
the Association. Rental of the Tewa Room entitles the Owner, Resident or other Person to use of
the Tewa Room and adjacent restrooms only.
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3.4.5 Café Solaz. Café Solaz, LLC is an Arizona limited liability company
formed by the Association to operate Café Solaz, which is a full-service restaurant and bar. The
Board has elected to hire a management company to perform the daily operation of the Café.
The management company will establish the hours of operation and any rules applicable to the
Café, and Residents shall comply with all such rules in the same manner as the Rules set forth
herein.
3.4.6 Bonito Room and Arroyo Room. These rooms are to be used on a “firstcome,
first served” basis for Association-sponsored activities, club meetings, committee
meetings and any other Association-related functions or meetings approved by the Manager.
3.4.7 Specialty Rooms. Various rooms are for Association-sponsored
activities, classes and craft-related activities by trained, approved Owners and Residents and are
not for private, unsupervised use by Owners and Residents. These rooms will be locked at all
times. To access the rooms, a person must be trained and approved by a designated activity
representative. Then access can be gained by use of the membership identification card. All
rules for operating the equipment and safety procedures are posted on the walls of all specialty
rooms.
3.4.8 Pool Tables. Three pool tables are available for use in the Kiva Club.
Tables are available on a “first-come, first-served” basis. Equipment is available in the
clubhouse for use by the Owners and Residents, or they may bring their own equipment. The
following rules shall apply to pool play:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
Players shall show courtesy to others if others are waiting to play.
No limitations on the number of games played by one group shall
be applicable at this time; however, the Association reserves the
right to place limitations if complaints are received about the lack
of availability.
Players shall exercise caution with food and beverage in the
vicinity of the pool tables.
Persons shall not sit on pool tables.
Pool equipment may not be removed from the table area.
Equipment must be returned to its proper place after use and balls
racked.
Massé shots (shooting straight down on the ball) and jump shots
are prohibited.
No children under the age of 10 may use the pool tables. Children
10 to 18 may use the pool tables if directly supervised by an
Owner or Resident.
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(viii) Please brush tables after using with the table brush located on the
cue rack.
3.4.9 Athletic Club .
(i)
The cardio and weight room contains exercise equipment, free
weights, television monitors and a weigh scale. The room may be
supervised from time to time by Association staff having exercise
knowledge; however, all persons using the equipment are advised
to obtain independent advice regarding the status of their health
and specific recommendations for exercise before using the
equipment. In addition, any person wishing to use the cardio and
weight equipment must complete a health history form and sign a
waiver and release of liability, which may be obtained at the
reception desk in the Athletic Club. The Association shall have no
responsibility for any injury as a result of using the equipment.
The following rules shall apply to the cardio and weight room:
(a)
No person under the age of 14 shall be allowed in the
cardio and weight room. Children under the age of 18 must
be supervised by a Resident 18 or older.
(b) The use of any one piece of equipment is limited to 30
minutes per person if others are waiting to use the
equipment.
(c)
Appropriate exercise clothing and athletic shoes are
required. Upper-body garments must be worn at all times.
Sandals or other loose fitting shoes are prohibited.
(ii)
The aerobics studio will provide group fitness classes and
programs All persons participating in classes and programs are
advised to obtain independent advice regarding the status of their
health and specific recommendations for exercise before
participating. In addition, any person wishing to use the aerobics
studio must complete a health history form and sign a waiver and
release of liability, which may be obtained at the reception desk in
the Athletic Club. The Association shall have no responsibility for
any injury as a result of participation in group fitness programs.
The following rules shall apply to the aerobics studio:
(a)
(b)
Appropriate exercise clothing and closed-toe athletic shoes
are required.
No personal belongings except a towel and a plastic nonspill
beverage bottle may be brought into the aerobics
studio.
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(c)
(d)
(e)
(f)
Equipment may not be removed from the room.
The Association reserves the right to cancel or change
programs.
As a courtesy to participants, persons who are late for a
class are asked to not interrupt a class in session but to wait
until the next class.
All group fitness participants must register for each class.
(iii)
Dressing, Shower, Locker and Steam Rooms. The following rules
shall apply:
(a)
(b)
(c)
(d)
Persons may use these facilities for personal showers or
shaving only in conjunction with the use of the fitness
center or sports complex.
No clothing or personal effects are to be left in these areas
unless stored on clothing racks. Overnight use of the
clothing racks is prohibited.
The Association shall have no responsibility for any
missing personal property.
Children under the age of 14 are not permitted in the steam
rooms. Children under the age of 18 must be supervised by
a Resident 18 or older.
(iv)
Swimming Pools and Hot Tubs. The following rules shall apply to
all swimming and hot tub facilities:
(a)
(b)
(c)
(d)
(e)
NO LIFE GUARDS ARE ON DUTY. INDIVIDUALS
USING THE POOLS DO SO AT THEIR OWN RISK. IT
IS RECOMMENDED THAT NO PERSON SWIM
ALONE.
All swimmers are required to shower before entering the
pools.
Pool gates must be locked at all times.
Diving and jumping into pools is prohibited.
Inner tubes and flotation devices of any kind are prohibited
with the following exceptions: inflatable arm devices for
small children, noodles, swim boards, flotation belts for
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exercise in the lap pool and life jackets for children or
handicapped persons.
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
Running and inappropriate behavior in all pool areas is
prohibited.
All swimmers are required to seek shelter in case of
inclement weather, and in such event the swimming
facilities may be closed by Association staff.
Children under the age of 2 years and accompanied by an
adult may enter the pool enclosure but may not enter any
pool. No diapers of any type are allowed in the pool.
Children 2 to 18 years of age may only use the pools
(excluding the hot tub/spa) but only at the hours designated
by the Board and specified in the pool area.
Children under the age of 18 must be accompanied and
supervised by an Owner or Resident at all times.
Only waterproof sunscreen and greaseless lotions are
allowed in the pool area. Suntan oils, soaps and lotions of
all kinds are prohibited.
All persons are required to use caution with glass
containers in the pool area.
Each person is responsible for leaving the pool area in a
clean and neat condition. Trash receptacles are provided
for the disposal of trash.
Appropriate swim wear is required for swimming in all
pool and spa areas.
Only music originating from the clubhouse speakers or
music provided for organized events is allowed in the pool
areas. All other music or other entertainment devices are
permitted only if battery operated and with the use of
earphones.
Intoxicated persons may be asked to leave the pool areas.
The Manager shall have the authority to schedule the pools
for Association events and to close the pools for
maintenance purposes.
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The following rules shall apply to the lap pool:
(r)
(s)
(t)
Lanes are limited to 30 minutes if others are waiting.
“Water walking” will be permitted only when lanes are
available. If a lap swimmer requests a lane and all lanes
are occupied, any water walkers will share one lane.
Other users of the lap pool must yield to lap swimmers and
water walkers.
The following rules shall apply to the hot tubs:
(u)
(v)
(w)
(x)
Persons using medication or with heart conditions or
hypertension should consult their physician before using
the hot tubs.
To avoid drowsiness, persons should restrict each visit to
the hot tubs to 15 minutes. It is recommended that the hot
tubs not be used if any alcoholic beverages have been
consumed prior to use.
Exercising in the hot tubs is prohibited.
Children under the age of 14 are not permitted in the hot
tubs. Children under the age of 18 must be supervised by a
Resident 18 or older.
3.4.10 Tennis Courts. All tennis players must provide their own equipment.
The following rules shall apply to the tennis courts:
(i)
(ii)
(iii)
(iv)
Appropriate tennis clothing must be worn on the courts. Upper
body garments are required. Tennis footwear is required on the
courts at all times.
Play periods shall not exceed 2 hours unless there are no players
waiting for courts.
Reservations for court time shall be made on the Trilogy Website.
Assistance at the Athletic Club is available if needed. Only one
advance reservation may be made at a time. An additional
reservation may be made at the conclusion of play if space is
available.
A court reserved but not used within 10 minutes after the
reservation time may be reassigned to other players.
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(v)
(vi)
(vii)
Children under the age of 18 must have Owner or Resident
supervision when using the courts.
Competitive events are encouraged to play by USTA rules.
The Manager shall have the authority to schedule the tennis courts
for Association events; however, the Manager shall keep any
tennis club sponsored by the Association informed as to scheduled
events.
3.4.11 Bocce Courts. The following rules shall apply to the bocce courts:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
Equipment will be provided to players upon registration and
should be returned immediately after play has ended unless
directed by Association employees to transfer the equipment to the
next group of registered players.
Play periods shall not exceed 1 hour unless there are no players
waiting for courts.
Soft-soled shoes (such as athletic shoes) are required on the courts.
Leather soles, golf shoes, sandals and bare feet are prohibited.
During play, the grass areas should be used to the extent possible.
Players should walk on the carpeted area only when necessary.
Children under the age of 14 are not allowed on the courts.
Children age 14 to 18 must be accompanied by an Owner or
Resident at all times.
The Manager shall have the authority to schedule the courts for
Association events; however, the Manager shall keep any bocce
club sponsored by the Association informed as to scheduled
events.
3.4.12 Barbecue Grills Located at the Kiva Club.
(i)
(ii)
If not being used for an Association sponsored event, Owners and
Residents may reserve the charcoal barbecue grills for private
events. Reservations may be made not more than 12 months in
advance of any event and will be on a “first-come, first-served”
basis.
Any person or group using the barbecue grills is responsible for
cleaning the facilities after use. Failure to adequately clean the
area may result in the Association cleaning the area and charging
the person under whose name the reservation was made.
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3.4.13 Barbecue Grills Located Throughout the Project.
(i)
(ii)
These grills are available on a “first-come, first served” basis.
Any person or group using the barbecue grills is responsible for
cleaning the facilities after use.
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ARTICLE 4
GENERAL RULES GOVERNING THE USE OF GOLF CARTS
All streets within the Property are private. The following regulations apply to the
operation of golf carts on the Property:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
No golf carts other than electric-powered golf carts shall be
operated, parked or maintained within the Project. All golf carts
operated, parked or maintained within the Project shall be licensed
and registered by the State of Arizona
Drivers of golf carts must have a valid driver’s license for
automobiles.
Drivers of golf carts are responsible for any damage or injury
caused by negligence or willful misconduct. Prior to driving a golf
cart on the private streets within the Property, an Owner or
Resident shall register the golf cart with the Association by
providing to the Association (i) a copy of the registration for the
golf cart issued by the Arizona Motor Vehicle Department, and (ii)
a certificate from the Owner’s or Resident’s insurer evidencing
that the Owner/Resident has obtained liability insurance for the
golf cart and showing the Association as an additional insured on
the policy. So long as an Owner or Resident desires to operate a
golf cart on the private streets of the Property, it is the Owner’s or
Resident’s responsibility to provide the Association with updated
certificates upon the renewal of any liability insurance policies.
Golf carts shall be considered “motor vehicles,” as such term is
defined in the Declaration and may not be driven or parked on any
property within Trilogy at Vistancia except (i) streets, (ii) parking
lots, (iii) concrete driveways and garages, and (iv) designated golf
cart paths. Golf carts driven or parked in violation of this rule or
the Declaration shall be subject to the remedies provided in the
Declaration, including the towing of vehicles.
Golf carts driven on the streets shall be operated in the same
manner as other motor vehicles and shall comply with all laws.
Drivers must observe all traffic regulations and use proper signals.
Golf carts being driven on the streets shall yield to other motor
vehicles.
Seat belts are required to be installed and used by any Resident or
guest of a Resident while in the Project. The Association will not
be responsible for injuries to persons resulting from the use of golf
carts on the private streets. Each person traveling on the private
streets in a golf cart does so at his or her own risk.
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(vii)
Golf carts operated on the golf course shall be subject to golf
course rules.
(viii) Owners and Residents shall not drive golf carts onto any cart paths
or other areas of the golf course for any purpose except as a
customer/patron of the golf course, subject to all rules, regulations,
policies and fees established by the owner of the golf course.
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ARTICLE 5
GENERAL RULES GOVERNING THE USE OF LOTS AND COMMON AREAS
5.1 Animals. Animals shall be governed by Section 3.12 of the Declaration. Pet
owners are reminded that the Project is subject to county and municipal animal control laws, and
the Association may elect to exercise its right to report any violations of the laws to the local
governmental authorities.
5.2 Garage Doors. Garage doors must remain closed except (i) when an Owner is
performing activities in the garage which do not violate the provisions of the Declaration, and (ii)
for access to and from the garage.
5.3 Garage Sales. Garage sales by individual Owners and Residents are prohibited.
A community garage sale may be organized and conducted by the Association each calendar
year.
5.4 Maintenance of Lots.
5.4.1 Owners Responsibilities. Each Owner should become familiar with
Section 7.2 of the Declaration. It is each Owner’s responsibility to maintain his/her Lot in a neat
and attractive manner 365 days a year. Seasonal Owners and Residents must contract for and
make sure that maintenance is being performed during absences from the Property.
5.4.2 Remedies. Failure to maintain an Owner’s Lot may result in the
Association taking any action available to it under the Declaration or under applicable law,
including without limitation, the right to perform the maintenance at cost to the Owner, and the
right of the Association to levy fines as provided for in Section 6 of these Rules.
5.5 Open Houses. Owners and their real estate agents may hold open houses any day
of the week for the purpose of selling homes provided that they are held between the hours of
10:00 a.m. and 5:00 p.m. Entrance to the Project for open house purposes will be through the
gate house on Trilogy Boulevard only. An Owner must notify the gatehouse attendant that an
open house will be held and the hours applicable to the event and provide directional maps to the
gatehouse attendant for distribution to open house attendees. If there is an open house in the
Project, the gatehouse attendant will place a sign in front of the gatehouse stating that an open
house is in process in the Project. Not more than 1 approved “Open House” sign may be placed
on the open house Lot. A reasonable number of approved lead-in signs may be placed inside the
Project. The location and quantity of such signs must be approved by the Manager. No lead-in
signs may be placed on Common Area outside the gatehouse to the Project or on any part of the
Common Areas surrounding other gated entryways into the Project.
5.6 Signs. The number and size of “For Sale,” “For Rent,” name and address, security
system and political campaign signs shall be governed by Section 3.15 of the Declaration and the
applicable provisions of the Design Guidelines. The Architectural Review Committee currently
has delegated its approval authority for signs to the Manager. Approved “For Sale,” “For Rent”
and “Open House” signs are available for rent from the Association office for a reasonable fee.
A deposit may be required. Except for “open house” signs described in Section 5.5 above, signs
in Common Areas are prohibited.
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5.7 Trash Containers. Covered trash containers approved or provided by the City of
Peoria, or as otherwise directed by the Association, shall be used for trash collection. Trash
containers may be left at the curb for pickup no earlier than 5:00 p.m. on the day before the
scheduled pickup is to occur and may remain at the curb until no later than 7:00 p.m. on the day
of the scheduled pickup.
5.8 Private Streets. The speed limit on the private streets of the Project is 25 miles
per hour. Speeds above this limit create hazards and may be dangerous to the Residents. Radar
and cameras may be used from time to time to monitor speeds. Violators may be subject to
fines.
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ARTICLE 6
POLICY OF CORRECTIVE ACTIONS
AND
SCHEDULE OF FINES
6.1 Notice and Hearing; Suspension of Rights; Lien Rights. No fines will be
assessed without notice and an opportunity to be heard. Article 5 of the Bylaws sets forth the
notice and hearing procedures for fines. Any fine for which an Owner has waived the right to be
heard, or any fine affirmed by the Board after hearing shall be paid in accordance with Article 5
of the Bylaws. Failure to pay a fine when due may result in the Board suspending the rights of
an Owner to use the recreational facilities located on the Common Areas. Pursuant to Subsection
6.12.2 of the Declaration and Arizona law (A.R.S. § 33-1807), the Association automatically has
a lien on each Lot for any amounts due the Association, including fines. The Association may
use the same remedies to collect fines as it uses to collect Assessments. In addition to levying
fines as penalties for infractions, the Association also may exercise any other remedy available
pursuant to the Declaration or pursuant to Arizona law.
6.2 Violations of Section 3.1 of the Declaration, Architectural Control.
6.2.1 The Board shall levy a fine of $100 against an Owner for the failure by
such Owner, or by a Resident of such Owner’s Lot, to obtain written approval from the
Architectural Review Committee prior to constructing or installing an Improvement that would
be Visible From Neighboring Property. An Owner may submit a request for approval to the
Architectural Review Committee after the Board levies the fine, but the request will not be
considered until the earlier of (i) payment of the fine by the Owner, or (ii) determination by the
Board that the fine should not be assessed.
6.2.2 The failure by an Owner or Resident to remove or satisfactorily correct
an Improvement for which the Architectural Review Committee has disapproved may result in
the Association taking legal action to correct the violation. In any such legal action, the
Association will seek to recover all attorneys’ fees, costs and expenses resulting from the action
pursuant to Section 9.1 of the Declaration. In addition, the Board may levy an additional fine of
$25 per day for each day an Owner fails to comply with instructions from the Board or
Architectural Review Committee with respect to (i) removal or correction of an Improvement
installed without written approval or (ii) an Improvement not constructed or installed as
approved or directed by the Architectural Review Committee.
6.3 Violations of Section 3.7 of the Declaration, Trash Containers and Collection,
and Section 5.7 of these Rules, Trash Containers. The Board shall levy a fine against an
Owner for the failure by such Owner, or by a Resident of such Owner’s Lot, to comply with
Section 3.7 of the Declaration and the additional rules contained in Section 5.7 herein. Failure to
comply with the foregoing provisions will result in the Board levying against an Owner a fine
equal to $25 multiplied by the number of days the violation exists. For the purposes of this
Section, the day a violation exists shall be the day the violation is confirmed by Association staff.
The Owner of each Lot shall be entitled to 1 warning letter before a fine is levied. If the next
violation after a warning letter is committed more than 1 year after the warning letter is issued,
then another warning letter shall be issued before a fine is levied.

6.4 Violations of Section 3.12 of Declaration, Animals, and Section 5.1 of these
Rules, Animals. The Owner of a Lot shall be subject to a fine of (i) $25 for the first violation,
(ii) $50 for the second violation and (iii) $100 for the third violation and each violation thereafter
for the following violations of Section 3.12 of the Declaration and the additional rules contained
in Section 5.1 herein. The Owner of a Lot shall be entitled to 1 warning letter before the first
fine is levied.
(i)
(ii)
(iii)
Failure by an Owner or Resident to observe the leash rule;
Failure by an Owner or Resident to control an animal so that it
does not create an unreasonable annoyance; and
Failure by an Owner or Resident to immediately clean up after an
animal on any Lot, street or other Common Area.
If a second or third violation is committed more than 1 year after the previous violation
for which a fine was assessed, then the fine for a first violation shall apply.
6.5 Violations of Section 3.17 of the Declaration, Vehicles and Parking, and
Section 5.8 of these Rules, Private Streets. The Owner of a Lot shall be entitled to 1 warning
letter prior to the Board taking any action. The failure to comply with the warning letter in the
time provided therein, or a second or subsequent violation within 1 year after the previous
violation, will result in the Board levying a fine of $50 per occurrence or $50 per day for each
day an Owner or Resident fails to comply with directions from the Board to correct the violation.
No warning letter will be issued on second or subsequent violations. In addition, the Board also
may exercise its rights by towing a vehicle in violation of the Project Documents. The costs and
expenses of towing the vehicle shall be charged to the Owner of the Lot.
6.6 Violations of Section 3.33 of the Declaration, Housing for Older Persons; Age
Restriction, and Violations of Article 8 of these Rules, Policies, Procedures, Rules And
Regulations For Occupancy Restrictions. Failure to comply with Section 3.33 of the
Declaration or Article 8 of these Rules will result in the Board levying against an Owner a fine
equal to $100 multiplied by the number of days the violation exists.
6.7 Violations of Section 7.2 of the Declaration and Section 5.4 of these Rules,
Maintenance of Lots. The Owner of a Lot shall be entitled to 1 warning letter prior to the
Board taking any action. The failure to comply with the warning letter in the time provided
therein will result in the Board levying a fine of $25 per day for each day an Owner fails to
comply with directions from the Board to correct the violation. In addition, the Board also may
exercise its rights pursuant to Section 7.4 of the Declaration by performing the work at the cost
of the Owner.
6.8 Violations of Section 7.7 of the Declaration, Installation of Landscaping. The
Board shall levy a fine against an Owner for the failure by such Owner to comply with Section
7.7 of the Declaration. Failure to comply with Section 7.7 will result in the Board levying
against an Owner a fine equal to $25 multiplied by the number of days the violation exists. The
Owner of each Lot shall be entitled to 1 warning letter before a fine is levied.
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6.9 Other Violations. Violations by an Owner of any provision of the Project
Documents not specifically provided for in these Rules may result in the Board levying a fine
against the Owner in the amount of (i) $25 for the first violation, (ii) $50 for the second violation
and (iii) $100 for the third violation and each violation thereafter if the violation is one that is not
continuing in nature, or in the amount of $25 multiplied by the number of days the violation
exists if the violation is one that is continuing in nature. Any Owner committing a continuing
violation shall be entitled to 1 warning letter before a fine is levied.
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ARTICLE 7
COMPLAINTS CONCERNING VIOLATIONS
An Owner or Resident may report an alleged violation to the Association by a telephone
call to the Association office or by written notice to the following address:
Trilogy at Vistancia Community Association
Attn: Violations
12600 W. Yellow Bird Lane
Peoria, Arizona 85383
Phone: 623-215-6255
Fax: 623-215-6298
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ARTICLE 8
POLICIES, PROCEDURES, RULES AND REGULATIONS FOR OCCUPANCY
RESTRICTIONS
8.1 Purpose. The Project is intended and operated for occupancy by persons 55 years
of age or older.
8.2 Occupancy Requirements.
8.2.1 Age Restrictions. Except as provided for in this Rule and the
Declaration, at least one Resident of each occupied Residential Unit must be 55 years of age or
older and no person under 18 years of age may occupy or reside in a Residential Unit. The
Board, in its sole discretion, determines when a person “occupies” or “resides” in the Residential
Unit.
8.2.2 Approval Required for Exceptions. Under the Declaration, the Board, in
its sole discretion, may permit persons, all of whom are under the age of 55, to occupy a
Residential Unit unless such permission would result in fewer than 80% of the Residential Units
being occupied by one person 55 years of age or older or otherwise jeopardize the Project’s
status as housing for older persons under the law. Proposed Residents desiring to reside in a
Residential Unit where at least one proposed Resident is not 55 years of age or older (or where
any proposed Resident is under 18 years of age) shall submit a written request for approval of
occupancy to the Board and are not allowed to take occupancy until written approval is granted
by the Board.
8.2.3 Verification of Occupancy Requirements upon Sale of a Residential
Unit. At the time a prospective purchaser enters into a purchase agreement, the purchaser is
required to certify as to compliance with the 55 and older occupancy requirement. The
certification attached hereto as Exhibit 1 shall be completed by the prospective purchaser and
submitted to the Association for approval. Upon receipt of the certification containing all
required information, the Board will determine whether the proposed occupancy of the
Residential Unit is in compliance with the Declaration, and either grant or disapprove the
proposed occupancy. The prospective Residents may not take occupancy until written approval
of the proposed occupancy is granted by the Board.
8.2.4 Verification of Occupancy Requirements for Leasing. Each Owner shall
comply with Section 3.32 of the Declaration and the following Rules with respect to any lease or
rental agreement for a Lot:
(i)
Owners desiring to lease their Residential Units shall submit a
written request to the Board for approval of the proposed tenants.
The request must include (i) a completed Age Verification for
Renters in the form attached hereto as Exhibit 2, (ii) a copy of the
lease or rental agreement signed by the proposed tenant (subject to
Board approval), which lease or rental agreement complies with all
the provisions of Section 3.32 of the Declaration and this
Subsection 8.2.4, and (iii) the address and telephone number of the
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Owner. Upon receipt of the written request containing all required
information, the Board will determine whether the proposed
leasing of a Residential Unit is in compliance with the Declaration
and either grant or disapprove such request. The proposed tenant
may not take occupancy until written approval of the lease is
granted by the Board; and
(ii)
A copy of the lease or rental agreement signed by the Owner and
tenant must be delivered to the Manager for further delivery to the
Board.
8.2.5 Exceptions for Visiting Children. A person under 18 years of age may
reside in a Residential Unit as the Guest of the Owner(s) or Resident(s) of such Residential Unit
for a period of not more than 90 days in any 12 month period as set forth in the Declaration.
8.3 Age Verification. At least once every 2 years, an age verification survey in the
form attached hereto as Exhibit 3 (the “Age Verification Survey”) shall be completed to verify
occupancy of each Residential Unit in the Project. Pursuant to the Age Certification Survey, one
adult Resident of each Residential Unit shall certify to the Association whether such Residential
Unit is occupied by at least one person 55 years of age or older. Such certification shall be
supported by reliable official documentation of the age of the Resident(s) of such Residential
Unit. The following documents are acceptable as proof of age:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
Valid driver’s license;
Birth certificate;
Passport;
Immigration card;
Military identification; or
State, local, national or international official documents containing
a birth date of comparable reliability.
In the event there is a change in the occupancy of a Residential Unit, the Resident
immediately shall notify the Board in writing of such change.
8.4 Incorporation of Provisions in Declaration. The provisions of Section 3.33 of
the Declaration, as they may be amended from time to time, are incorporated herein. Each
Owner and Resident of a Residential Unit should read and understand the restrictions in the
Declaration and these Rules with respect to the status of the Project as “housing for older
persons.”
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ARTICLE 9
TRILOGY CLUBS
9.1 Introduction. Trilogy clubs are clubs that are sponsored by the Association to
foster and promote opportunities for all Association Members and/or Residents to pursue
common interests in hobby, recreational, social, service and cultural endeavors. The Trilogy
club program is designed to encourage the general membership to fully participate and enjoy the
programs and facilities provided by the Association within Trilogy at Vistancia. All Trilogy
clubs shall have the name “Trilogy at Vistancia” within their club name, and only clubs that are
authorized and sponsored by the Association may use the name “Trilogy” or “Trilogy at
Vistancia” in their club name.
Membership in a Trilogy club is limited to members of the Association and Residents of
Trilogy at Vistancia in good standing with the Association. Trilogy clubs are organized under
these Rules and other written policies adopted by the Board. It is the purpose of these Rules to
provide direction and structure to the Trilogy club system and enable the membership to fully
enjoy the facilities and programs offered.
Many groups will form that benefit the social structure of the community or provide
various community service needs but are not compatible with the Trilogy club structure:
(i)
(ii)
(iii)
Persons that come together for Association-sponsored activities
that are open to the general membership or activities of committees
of the Board do not require a club structure.
“Groups or Mixers” are groups of persons with a common interest
that do not require funds to act as a group and whose actions create
little or no liability for themselves or the Association. For
example, persons gathering the first Tuesday of every month for
the sole purpose of playing cards would be a non-club group.
“Community Service Organizations” are groups formed to benefit
various community service needs but are not affiliated with the
Association and desire to use the Association facilities for
meetings (e.g., TOPS).
9.2 General Information.
9.2.1 Authority. The Board shall have the authority to establish Trilogy clubs.
9.2.2 Responsibilities. The Association’s Activities Director (“Activities
Director”) and staff are responsible for coordinating and implementing the Rules for Trilogy
clubs and for allocating and scheduling facility space. All actions of the Activities Director are
subject to review and approval by the Manager.
The Social Activities Committee (the “SAC”) will serve as a liaison between the
Trilogy clubs and the Activities Director. The SAC may make recommendations regarding
administrative, financial or facility usage matters. In the absence of any SAC, the Activities
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Director will work directly with the clubs. In the absence of any Activities Director, the SAC
will work directly with the Manager. In the absence of both an SAC and an Activities Director,
the clubs will work directly with the Manager.
Each club’s chairperson and/or officers are elected in accordance with this Article
9 and other rules adopted by the club, reviewed by the SAC and approved by the Board. The club
chairpersons and/or officers are responsible for their respective club’s internal operations. It is
the responsibility of the outgoing officers to ensure that the succeeding officers are thoroughly
informed on all aspects of this Article 9.
9.2.3 Prerequisites for Club Formation. Specific procedures and guidelines
pertaining to the establishment of a Trilogy club are identified in Section 9.3. Applications will
be considered by the Board only when a club has a minimum of 10 pre-registered members,
unless the Activities Director recommends to the Board that special consideration be given for a
lower number of members.
9.2.4 Club Forms. To assist clubs in the administration of their programs and
to provide the Association with essential statistical data, forms have been developed. A
summary of forms used by the Association to administer the club programs is attached to these
Rules as Exhibit 4. The Activities Director’s office maintains a supply of these forms.
9.3 Establishing a Trilogy Club.
9.3.1 General. Any group of Residents interested in pursuing a particular
hobby or field of interest may join together as a Trilogy club, subject to this Article 9. Proper
coordination between the Association and a prospective club is essential to ensure that the
definition of the purpose of the club is fully satisfied, that member strength/interest is sufficient
to warrant club formation and that adequate space is available to support the intended club
activities.
9.3.2 Establishment. The Board formally shall authorize the establishment of
a Trilogy club and the right to use the name “Trilogy” or “Trilogy at Vistancia” in any such club
name. This authorization is based on membership need for a specific program, membership
interest as determined by a pre-designated minimum number of active participants and the
availability of adequate space. Any affiliation in a national, state or regional organization must
be optional on the part of the individual member. In some instances, national, state or regional
membership may be necessary to compete in sanctioned tournaments or league play.
Establishment of a Trilogy club will not be authorized to groups whose purpose is similar to an
existing club, except as provided below with respect to gender-oriented clubs (i.e., ladies’ or
men’s clubs).
Membership in Trilogy clubs must be open to all bona fide members of the
Association and Residents of Trilogy at Vistancia without discrimination as to race, religion,
color, ethnic culture or national heritage. The formation of desirable segregated activities for
male and female members of the Association may be permitted as long as both genders are
provided with an equitable opportunity to pursue common interests (e.g., ladies’ or men’s clubs).
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All rights of a Trilogy club may be revoked (a) after review by the SAC, (b) on
the recommendation of the Manager, and (c) with approval of the Board. Reasons for revocation
include, but are not limited to:
(i)
(ii)
(iii)
(iv)
(v)
membership declines below the established minimum number;
noncompliance with the Association Rules;
irreconcilable conflict among club members;
creating activities that project the club and/or the Association in an
undesirable or embarrassing position; or
violation of the Project Documents and/or federal, state or local
government statutes and ordinances.
Revocation of a club’s rights may be appealed by the club by providing written
notice and reason for non-revocation to the Board within 14 business days of receipt of the
revocation notice. The Board will provide a written notice of its final decision within 30
business days after receiving such an appeal.
9.3.3 Procedure for Establishing a Trilogy Club.
Step 1
Step 2
Step 3
Thoroughly review this Article 9 to become familiar with the
Trilogy club program.
Hold initial organizational meeting, obtain membership roster and
elect interim chairperson and officers. Minutes of the meeting are
required and must substantiate the approval by the prospective club
members of the rules and regulations of the proposed club (the
“Club Rules”).
Complete the form “Application for Establishment of Trilogy
Club.” The club name must contain the words “Trilogy at
Vistancia.” Attach to it the following:
(a)
(b)
(c)
the form “Initial Membership Roster” (all names appearing
on the form must have a bona fide interest in joining the
club as soon as the club is established);
Club Rules approved by the prospective members;
minutes of initial organizational meeting indicating
approval of proposed Club Rules by prospective members.
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Step 4
Hand carry to the address below:
Trilogy at Vistancia Community Association
ATTN: Activities Director
12600 W. Yellow Bird Lane
Peoria, Arizona 85383
Step 5
Step 6
Step 7
The Activities Director will review the package to ensure that all
elements are complete.
Within 10 business days after all requirements have been satisfied,
the application package will be forwarded to the Board with a
recommendation for approval or disapproval. The Board shall
approve/disapprove the establishment of the club within 30 days
after receipt of the application package. If approved, a copy of the
minutes of the Board meeting containing the authorization for
establishment of the club and Club Rules will be mailed to the
prospective president/chairperson of the club. If disapproved, the
club will be provided with a written explanation or required
revisions for approval.
Upon receiving authorization from the Board to operate as a
Trilogy club, an account for the club will be established with the
Association through the SAC (see Section 9.5). Signatories for the
club account will be limited to the Treasurer and Assistant
Treasurer of the SAC and two club officers.
9.3.4 Club File. The official club file will be kept in the Activities Director’s
office. The file will be organized as follows:
Section I
Section II
Section III
Section IV
Application for Establishment with Initial Membership Roster.
Copy of Board minutes establishing the club, approved Club Rules
and amendments thereto (as applicable). In case of conflict
between the Association’s files and files kept by club members, the
Association’s file copies will control.
Additional Club Rules as adopted by the club and approved by the
Board from time to time, which may include a safety program.
All club correspondence between the Activities Director and club
officers.
9.4 Membership And Club Operation.
9.4.1 Membership Roster. The club officers are responsible for providing to
the Activities Director on or before the last day of June and December a membership roster.
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9.4.2 Annual Meetings. The Club Rules must require at least one general
membership meeting during each calendar year. The club’s officers will meet as needed to
ensure club business is kept current.
9.4.3 Proper Conduct; Termination of Club Membership. Proper conduct
and common courtesy are essential for successful clubs. Members whose behavior projects an
undesirable or inappropriate image may have their club membership terminated by the
Association. Any member for whom a club has recommended termination will have an
opportunity to be heard by the Board, and the Board shall make any final determination with
respect to the member’s termination.
9.4.4 Program Supervision and Safety.
Club Trainer: If a club’s activities and/or equipment are of a nature that a club
member and/or Resident could be injured during the activity or as a result of using the
equipment, or if the equipment can be damaged by improper use, training may be necessary prior
to performing the activity or using the equipment. Non-club members are entitled to use the
room and any special equipment; however, the non-club member must be trained and permitted
by the Association to use the facility and special equipment. In the event of disagreement
between a trainer and club member or other user of the facilities, the decision of the trainer will
prevail in all instances. A trainer’s decision may be appealed to the club’s officers (or the Board,
in the case of a non-club member), but until such appeal is heard and acted upon, the trainer’s
decision prevails.
Safety Program: Any club using power equipment and/or hand tools, must
establish written safety rules prior to use. A copy of the club’s recommended safety rules must
be forwarded to the Activities Director for review and subsequent approval by the Board. Clubs
are responsible for providing the Association with any proposed changes to safety rules, and all
such changes shall require approval by the Board prior to implementation. At a minimum, the
written rules will set forth safe operating policies for all equipment and identify safety awareness
signs and accessory equipment required for the work area, i. e., safety eye goggles. If the club’s
officers determine that an individual cannot or will not comply with published operating
procedures or cannot safely operate power equipment, the officers may suspend all or part of his
or her privileges relating to the use of the equipment. Before making such a decision, however,
clubs should make every effort to provide additional training instruction to such an individual.
Any suspension of privileges based on safety concerns may be appealed to the Board provided
that the individual whose privileges have been suspended shall have an opportunity to be heard
by the Board. In such matters, the decision of the Board will be final. The following are
additional safety rules
(i)
(ii)
All incidents or accidents occurring in club facilities (whether
requiring medical attention or not) will be immediately reported to
the Activities Director using the form “Incident/Accident Report.”
If emergency medical attention is required for any accident
occurring in Association facilities, a club member or officer will
immediately notify the Manager.
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Alcoholic Beverages: Alcoholic beverages provided by Café Solaz are permitted
at club-sponsored events if approved by the Manager.
Open Work Time: Clubs shall schedule their operating time, activities and
events to allow for a minimum of 25% of their designated room/facility to be used by their club
membership for open workshop/general use time.
Posting of Club Rules and Written Operating Rules: Club Rules must be
made readily available to club members and other users. Operating rules (as applicable) must be
conspicuously posted.
9.4.5 Advertising. Internal club newsletters/flyers and media information
provided in media public service announcements are permissible. The following are additional
advertising rules:
(i)
(ii)
(iii)
(iv)
Instructors performing services held in Association facilities may
not advertise their business within the Association facilities
without the written consent of the Activities Director.
The club president/chairperson is responsible for submitting all
promotional and advertising materials for the club to the Activities
Director for approval. The club will determine attendance at
instruction classes. All advertising of club-sponsored activities
must have approval of the Activities Director. Such advertising
must state that activities are open to all Members of the
Association and Residents of Trilogy at Vistancia.
All newspaper advertising must be approved by the Activities
Director.
Posting of notices or flyers on windows and doors of the
Association facilities is prohibited. The posting of any
unauthorized club notices or flyers shall be subject to fines
pursuant to Section 6.9 of these Rules.
9.4.6 Election/Appointment of Officers. At a minimum, clubs must have a
president/chairperson, vice-president and secretary/treasurer. The initial officers must be
approved at the organizational meeting of the club by a majority vote of the prospective club
members. All subsequent officers must be elected by a majority vote of the club’s membership at
least annually at a club meeting or appointed by the remaining officers if filling a vacancy. As
new officers are elected (or appointed by the remaining officers if filling a vacancy), clubs will
complete the “Notification of New Chairperson and/or Officer” form and forward it to the
Activities Director.
Any newly elected or appointed chairperson and/or officer shall, within 14
business days of taking office, state in writing that he/she has read, understands and will comply
and operate in accordance with this Article 9 by signing the form “Officer’s Statement,”
available at the Association office, and forwarding it to the Activities Director.
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9.4.7 Business Communications. Any club matter requiring action on the part
of the management team will be referred in writing to the Activities Director. Clubs’ mailing lists
or rosters shall be used only for distribution of club newsletters or other official club business.
9.4.8 Professional Counsel. Members of Trilogy clubs are not authorized to
engage in professional counsel for tax matters, legal issues or financial practices with respect to
any club activities.
9.4.9 Use of Facilities. While all facilities and programs owned or sponsored
by the Association are available to the general membership, regular participation in some
activities may be contingent upon membership in a Trilogy club.
Depending on the nature and size of a desired activity, the Activities Director will
determine the facility to be allocated. In all cases, the decision will be based on maximizing
facility utilization.
All clubs are required to provide the Activities Director on the last day of each
June and December participation figures (number of different club members who regularly
participate) relating to their club’s activities. The form “Participation Report” should be used for
submitting this information.
9.4.10 Allocation of Facility Space for Club Purposes. The allocation of space
for Trilogy club usage is dependent on active participation by its members and the availability of
Association space. Upon establishment of the club, facility space may be provided (if warranted,
clubs may be required to share facility space) for its operation. Club committees and any other
sub-element of a Trilogy club’s organization are provided meeting space on a case-by-case basis
(availability). In certain urgent situations, the Association reserves the right to pre-empt a
Trilogy club’s assigned space.
9.4.11 Facility Scheduling. The Activities Director is responsible for
scheduling Association facilities and coordinating special events. Coordination is required
among the Association, the SAC, Trilogy clubs, Groups and Mixers, Community Service
Organizations, the Association’s general membership and non-affiliated community groups that
request use of Association facilities. After special events sponsored by the Association and the
SAC have been calendared, scheduling priority will be given in the following order: (1) clubs;
(2) Groups and Mixers; (3) Community Service Organizations; and (4) all others requesting use
of the facilities. It is expected that all organizations can share the facilities; minor time and room
adjustments may be necessary from time to time to assure that all organizations receive fair
treatment.
9.4.12 Facility Reservations. Trilogy clubs must submit the form “Master
Calendar” to the SAC and Activities Director annually. The Master Calendar will identify
regularly scheduled club activities and meetings. The term “regular” is defined to mean those
social functions, general membership and officer meetings that are consistently held on the same
day(s) of the week/month/quarter throughout the calendar year. Once reviewed, evaluated and
approved by the SAC and Activities Director, club schedules will be entered in the Association’s
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0131890 39

activities calendar. The club’s Master Calendar is approved as submitted unless the Activities
Director notifies the SAC and the club to the contrary.
Based on facility availability, clubs may request a change to their regular schedule
at any time by submitting an updated Master Calendar to the SAC and Activities Director for
review and approval.
Clubs desiring use of a facility for a non-calendared event must submit their
request for space to the Activities Director. If space is available, the Activities Director will
enter the event on the Association’s activities calendar. In case of a conflict in requests from two
different authorized users, the SAC, with the approval of the Activities Director, will decide how
to resolve the conflict.
9.4.13 Property Acquired by Clubs. All property acquired by a Trilogy club
through funds raised by the club shall be property of the Association. Whenever equipment is in
need of replacement, the Association may require that the applicable club pay all or a portion of
the replacement costs.
9.4.14 Association Management/SAC Meetings and Reporting. The SAC, the
Activities Director and one or more officers of each Trilogy club will meet monthly at the SAC
meeting where the Trilogy clubs will provide updates on important club issues, activities and
events and answer any questions and concerns that the SAC or the Activities Director may have.
If at least one club officer of a club cannot be present at the meeting, that club must provide a
written report to the SAC prior to the meeting.
9.5 Financial Controls and Procedures.
9.5.1 Records and Accountability. The club’s elected treasurer is responsible
for overseeing club revenues and expenses and may also supervise the purchasing of all clubrelated
assets, inventories and supplies. All Trilogy clubs will be audited each year by an
independent accounting firm as part of the Association’s annual audit.
All disbursements of club funds will be issued by the management team. A
Trilogy club treasurer shall submit an appropriately signed “Funds Request” form, along with an
invoice or other evidence to substantiate the requested sum and payee, to the treasurer of the
SAC. The SAC treasurer will receive and monitor monthly all club accounts with the
Association. Upon review and confirmation that sufficient funds are on deposit in the club
account, the SAC treasurer will initial the Funds Request and deliver it to the Activities Director
for issuance of a check or petty cash to satisfy the Funds Request.
All monies received by the club as a result of revenue-generating activities and
events must be deposited directly into the club’s bank account at the Association office. No
disbursements may be made from such monies until deposited.
Although these rules to deposit funds and obtain disbursements provide some
control for club funds, the Club Rules shall specify the level of monetary control and reporting
that is needed for the club’s internal operations. The following controls and procedures should
be considered in the development of monetary operating guidelines:
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0131890 40

(i)
(ii)
(iii)
Check and balance procedure to preclude a single individual from
ordering, receiving and distributing equipment or inventories.
Dual signatory on Funds Requests for petty cash or for checks over
a designated dollar limit.
Periodic inventory and reconciliation of retail and asset
inventories.
9.5.2 Contracts for Services and Instructional Classes. The need to provide
qualified program instruction to a club membership depends on program difficulty, the
availability of qualified instructors and the skill level of those desiring the service. To ensure
high quality instruction, the Association encourages this type of contract service but requires the
clubs to remain sensitive to costs. Clubs are encouraged to seek qualified instructors, and where
applicable, certified instructors are required. All instructors must show proof of insurance in
form and amounts acceptable to the Association prior to using the Association facilities.
Clubs that engage the services of an individual or group must use the form
“Contract For Services” to secure the terms of the agreement. When contracting for services,
clubs should ensure that the individual or group is sufficiently skilled and experienced to provide
the desired service, that terms are sufficiently detailed to ensure mutual understanding of the
desired service, that club vs. contractor responsibilities are adequately defined, that mutually
agreed upon completion times, payment procedures and contract termination provisions are
stipulated and that all insurance requirements have been met. Each contract must specify that the
relationship between club and contractor is not an employer-employee relationship. Prior to
approval, each contract must be reviewed by the Activities Director to ensure compliance
with these Rules. Clubs are not permitted to engage a contractor to modify, alter, or otherwise
repair Association facilities or equipment. If such action is desired, a written request should be
forwarded to the Activities Director. All Contracts For Services shall be retained in the
Association offices.
All fees generated by a contracted party must be paid to the club treasurer and
deposited into the club account with the Association. The treasurer may then submit a Funds
Request on behalf of the contractor and document the transaction accordingly in club financial
records. When establishing a fee, the rationale for the action must be disclosed to the general
membership and recorded in the minutes of a membership or officer meeting. The club may
choose to retain an additional percentage to generate additional revenue to support other club
operating requirements.
The Board recommends that each club consider adopting as a part of its Club
Rules a provision that, unless it is determined by a unanimous vote of the club’s officers that
another qualified and reasonably priced individual cannot be obtained, a club officer may not
contract with his or her club to provide instructional or other services. If a club officer does
contract with his or her club for instructional purposes, then the Board recommends (but does not
require) that no compensation be paid to the club officer.
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Private, individualized instruction in Association/club facilities is only permitted
during times of low membership usage, or during times that do not preclude facility use by
Association members. The Activities Director must approve all such private or individualized
instructions.
9.5.3 Insurance. The Association maintains various insurance policies to
cover general membership activities and programs that take place on Common Areas.
Property purchased by clubs and maintained on Association property becomes the
property of the Association and is therefore covered under the Association’s hazard insurance
policy, subject to the terms, conditions and limitations of that policy. All personal items
purchased and maintained by club members, even though used in club activities, are not covered
under the Association’s hazard insurance policy.
Liability exposure for club activities on Common Areas is covered by the
Association’s liability policy, subject to its terms. Activities conducted off-sight are personal
assumptions of risk.
Club funds accounts are maintained as a part of Association accounts and are
under the direct supervision of Association officers and/or staff. Club funds accounts are
covered under the Association’s fidelity policy.
Decisions made in good faith by club officers are insured under the Association’s
directors and officers liability insurance policy.
9.5.4 Record Retention Schedule. Record retention will be the responsibility
of the Manager and the Activities Director. The following shall apply to the records of all clubs:
(i)
(ii)
(iii)
Correspondence and meeting minutes - 3 years.
Financial records - 7 years (prior to current year).
Daily attendance forms - current and prior year.
9.5.5 Club Dissolution. If a club disbands, all club assets (monies and
equipment) shall remain the property of the Association and shall be managed and/or disbursed
for Association activities under the direction of the SAC. If a club’s rights to operate as a
Trilogy club are revoked and the group remains intact as a non-Trilogy club, all assets purchased
for or on behalf of that club will remain the property of the Association, and the Board will
determine the amount of club funds that will remain the property of the Association (if any). In
all situations, club-approved debts must be satisfied by the club prior to final dissolution. The
Activities Director will assist clubs in efforts relating to dissolution.
9.6 Fees and Charges.
9.6.1 Dues. A club’s primary sources of revenue are membership dues and
fundraisers. Additional funds also may be obtained through portions of contract fees collected
from club members for instructional classes. Dues should be set at a minimum and sufficient to
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0131890 42

cover basic operating requirements. However, funding for clubs’ equipment, repairs,
replacements, etc. may require initially higher dues or at times fundraisers to subsidize these
purchases. Any method of fundraising other than as set forth in this Subsection must be
approved by the Board as a part of the Club Rules or as a separate action item in a Board
meeting.
9.6.2 Admission Fees. If a club charges admission fees to offset related
expenses for special events or tournaments by inviting participants living outside of Trilogy at
Vistancia, clubs are encouraged to retain a reasonable amount of revenue above expenses to
assist in future operating requirements.
9.6.3 Club Contributions & Donations. Club financial programs should be
developed to ensure basic self-sufficiency. With few exceptions, club income should not greatly
exceed expenses (operating expenses and capital requirements), resulting in a nominal net
operating gain. Where revenues do exceed expenses, the net gain should be used to foster
continued club growth and activity. Clubs that generate sizable net gains should consider
allocating their excess to the SAC for general Association activities and/or local community
service organizations.
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0131890 43

Any and all of the foregoing Rules may be modified from time to time as
may be deemed necessary in the sole discretion of the Trilogy at Vistancia
Community Association including, without limitation; for purposes of
compliance with 42 U.S.C. §3607(b)(2)(C), A.R.S. §41-1491.04 and 24 CFR Part
100.
In the event of any conflict between these Rules and the Declaration, the
Declaration shall control. In the event of any conflict between these Rules and
the Bylaws, the Bylaws shall control.
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0131890 44

EXHIBIT 1
AGE VERIFICATION
FOR TRILOGY AT VISTANCIA
COMMUNITY ASSOCIATION
TRILOGY AT VISTANCIA IS INTENDED TO BE OPERATED FOR OCCUPANCY BY
PERSONS FIFTY-FIVE (55) YEARS OF AGE OR OLDER. THE TRILOGY AT
VISTANCIA COMMUNITY ASSOCIATION IS OBTAINING THIS AGE
VERIFICATION IN ACCORDANCE WITH THE HOUSING FOR OLDER PERSONS
ACT (AS DEFINED IN THE FAIR HOUSING ACT, TITLE VIII OF THE CIVIL
RIGHTS ACT OF 1968, AS AMENDED, 42 U.S.C. § 3601, ET SEQ.) AND THE
REQUIREMENTS OF THE DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR TRILOGY AT VISTANCIA
Proposed Occupant(s) of Residential Unit:
Lot:
Subdivision:
Address:
1. Acknowledgment of Occupancy Requirements. The proposed occupants hereby
acknowledge receipt of a copy of the Declaration of Covenants, Conditions and Restrictions for
Trilogy at Vistancia and all amendments thereto (“CC&Rs”), and agree to comply with the
CC&Rs, as amended from time to time, and any Rules adopted by the Trilogy at Vistancia
Community Association (the “Association”) that govern occupancy requirements.
2. Age Certification. The proposed occupants hereby certify that (i) the following
person(s) 55 years of age or older occupy or will occupy the Residential Unit, (ii) no person
under 18 years of age occupies or will occupy or reside in the Residential Unit, and (iii) the
documentation listed below, which is used to verify the age(s) of the occupants, is valid and
correct.
Name Birth Date Form of Verification
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0131890

Please attach copy of verification: (driver’s license, birth certificate, passport, immigration card,
military identification or other similar evidence).
3. Resale or Lease of Premises. Any owner agrees to deliver to any purchaser or
lessee of the Residential Unit the CC&Rs and any Rules, shall notify the Association in the event
of any change in occupancy and agrees to otherwise comply with the age restriction provisions
set forth in the CC&Rs.
I hereby certify that I am of legal age and am or will be a member of the household that
resides or will reside at
____________________________________________________________ as set forth above,
and that the above information is true and correct. (address)
Dated: ____________________, 20____.
Buyer
Buyer
441241.4 [8/1/05 2:40 PM]
0131890 2

EXHIBIT 2
AGE VERIFICATION
FOR RENTERS AT
TRILOGY AT VISTANCIA
COMMUNITY ASSOCIATION
TRILOGY AT VISTANCIA IS INTENDED TO BE OPERATED FOR OCCUPANCY BY
PERSONS FIFTY-FIVE (55) YEARS OF AGE OR OLDER. THE TRILOGY AT
VISTANCIA COMMUNITY ASSOCIATION IS OBTAINING THIS AGE
VERIFICATION IN ACCORDANCE WITH THE HOUSING FOR OLDER PERSONS
ACT (AS DEFINED IN THE FAIR HOUSING ACT, TITLE VIII OF THE CIVIL
RIGHTS ACT OF 1968, AS AMENDED, 42 U.S.C. § 3601, ET SEQ.) AND THE
REQUIREMENTS OF THE DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR TRILOGY AT VISTANCIA
Proposed Occupant(s) of Residential Unit:
Lot:
Subdivision:
Address:
1. Acknowledgment of Occupancy Requirements. The proposed occupants hereby
acknowledge receipt of a copy of the Declaration of Covenants, Conditions and Restrictions for
Trilogy at Vistancia, and all amendments thereto (“CC&Rs”), and agree to comply with the
CC&Rs, as amended from time to time, and any Rules adopted by the Trilogy at Vistancia
Community Association (the “Association”) that govern occupancy requirements.
2. Age Certification. The proposed occupants hereby certify that (i) the following
person(s) 55 years of age or older occupy or will occupy the Residential Unit, (ii) no person
under 18 years of age occupies or will occupy or reside in the Residential Unit, and (iii) the
documentation listed below, which is used to verify the age(s) of the occupants, is valid and
correct.
Name Birthdate Form of Verification
_______________________ _________ _______________________
_______________________ _________ _______________________
_______________________ _________ _______________________
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Please attach copy of verification: (driver’s license, birth certificate, passport,
immigration card, military identification or other similar evidence).
I hereby certify that I am of legal age and am or will be a member of the household that
resides or will reside at
as set forth
above, and that the above information is true and correct.
Dated: ____________________, 20___
RENTER:
_____________________________________
_____________________________________
441241.4 [8/1/05 2:40 PM]
0131890 2

EXHIBIT 3
AGE VERIFICATION SURVEY
FOR
TRILOGY AT VISTANCIA
COMMUNITY ASSOCIATION
TRILOGY AT VISTANCIA IS INTENDED TO BE OPERATED FOR OCCUPANCY BY
PERSONS FIFTY-FIVE (55) YEARS OF AGE OR OLDER. THE TRILOGY AT
VISTANCIA COMMUNITY ASSOCIATION IS OBTAINING THIS AGE
VERIFICATION IN ACCORDANCE WITH THE HOUSING FOR OLDER PERSONS
ACT (AS DEFINED IN THE FAIR HOUSING ACT, TITLE VIII OF THE CIVIL
RIGHTS ACT OF 1968, AS AMENDED, 42 U.S.C. § 3601, ET SEQ.) AND THE
REQUIREMENTS OF THE DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR TRILOGY AT VISTANCIA
To be completed and returned to the Trilogy at Vistancia Community Association not later than
_______________________________, __________.
Date: ________________________
Residential Unit: Lot Subdivision
Property Address:
_________________________________________
_________________________________________
_________________________________________
Name(s) of Occupants Birthdate Form of Identification* Document No.
*For purposes of this Survey, the occupants of a Residential Unit may either present one of the
following forms of identification at the Trilogy at Vistancia Community Association office at
12600 W. Yellow Bird Lane, Peoria, Arizona 85383, as proof of age of those persons listed
above: (i) valid driver’s license; (ii) birth certificate; (iii) passport; (iv) immigration card; (v)
military identification; or (vi) official documents issued by state, local, national or international
government which contains a birth date;
OR
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an adult occupant of the Residential Unit may sign the attached Affidavit and return it to the
Association office along with this completed Age Verification Survey.
AFFIDAVIT
I, _________________________, am of legal age and a member of the household that resides at
, as noted above. I hereby
certify that I have personal knowledge of the ages of the occupants of this household and that at
least one occupant is 55 years of age or older.
__________________________________________
Signature
The foregoing information is required to be provided by all occupants of Trilogy at Vistancia
every two years. This Survey is intended and used for the purpose of satisfying 42 U.S.C. §
3607(b)(2)(C), A.R.S. § 41-1491.04, and the Housing for Older Persons Act and regulations
promulgated, 24 CFR 100, subpart E, and shall not be used for any other purposes.
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EXHIBIT 4
CLUB FORMS AVAILABLE AT ASSOCIATION OFFICE
Officer’s Statement
Application for Establishment of Trilogy Club
Initial Membership Roster
Participation Report
Incident/Accident Report
Notification of New Chairperson and/or Officer
Master Calendar
Funds Request
Contract for Services
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