To ensure that there are no delays in settlement of this unit, it is requested that you contact: Theoharis Management LLC at management@theoharis.com at least 48 hours in advance of settlement to ascertain the current balances of seller.
To ensure that proper credits and charges are applied to Buyer and Seller, it is imperative that:
1. A $200.00 Set Up Fee made payable to Theoharis Management LLC must be collected from the Purchaser;
2. All Association fee payment checks should be made payable to the Westside at Shady Grove Metro HOA; and,
3. Settlement Documentation should be sent promptly after closing takes place to: Theoharis Management LLC. We cannot move in the Purchaser and establish the account until the Settlement Sheet is received in our office. Failure to provide the requested documentation will result in late charges being applied to the account, as well as a delay in establishing the account. Your assistance will help us to serve both parties with this transaction.
Pursuant to Section 11-135 of the Real Property Article of the Annotated Code of Maryland, as amended, the Association must provide the following information within twenty (20) days after receipt of a request by the unit owner.
The following information is furnished by the association and its management agent and is true and correct in accordance with their best knowledge and information. The association, management agent and their respective officers and employers shall assume no liability for any errors contained herein.
The community requires specific information from the Settlement Sheet to update its membership records. Please send the requested documentation and any funds collected to:
Theoharis Management LLC
2120 – 16thSt, NW – Suite 205 Washington, DC 20009
Thank you in advance for your cooperation and assistance in these matters.
B. The Association levies annual assessments, payable in equal monthly installments to pay common expenses. Special assessments may also be levied for the same purpose. The monthly installments (HOA fees) are due on the FIRST day of the month of each month.
C. The Association instruments do not create any rights of first refusal or other restraints on free alienability of any of the units.
D. The following, if any, is a list of all capital expenditures anticipated by the Association within the current fiscal year: None
As of July 31, 2025, the balance in the reserve for replacement funds (reserve account) is $379,000.00.
E. Attached to this certificate is a copy of the balance sheet which is a current statement of financial condition.
F. The approved operating budget of the Association for the year January 1, 2025, to December 31, 2025 is enclosed.
G. There are no unsatisfied judgments against the Association, nor any pending suits in which the Association is a party except as follows: Normal collection suits from time to time.
H. The Association holds hazard, property damage and liability insurance policies covering the common elements as required by the Bylaws. Each unit owner must obtain their own insurance covering their property and improvements as well as insurance covering personal liability. You are urged to consult with your insurance agent.
You may obtain a certificate of insurance by contacting the insurance agent for Westside at Shady Grove Metro Homeowners Association:
Associated Insurance Management, Inc 3140 West Ward road, Suite 105
Dunkirk, MD 20754
Attn: Betty Lusby
301-812-2081
I. There is no leasehold estate affecting the Unit.
J. Attached to this certificate is a copy of the Bylaws and Rules and Regulations of the Association including all amendments.
K. There will be 406 townhomes after the final phase of construction is complete.
L. Current Owner is deeded as Peter Lewis.
A fee of $3.00 is currently charged for the preparation of a Certificate of Resale, payable in advance. The check is to be made payable to Theoharis Management LLC as agents for Westside at Shady Grove Metro Homeowners Association, 2120 16th Street, NW Suite 205, Washington, DC 20009.--
RESALEPAIDONSEPTEMBER14,2025VIACC
These items of representation are made by Theoharis Management LLC to the best of our belief and knowledge and as sole agent for Westside at Shady Grove Metro Homeowners Association.
By: John Theoharis Theoharis Management, LLC, Agent Westside
at Shady Grove Metro
Homeowners Association
ATTACHMENT A
This statement is made by:
(Sellers Name)
pursuant to the provisions of the HOA Laws of the State of Maryland, Real Property Article S11B-106(b):
1. I/We am/are the owner(s) of: at:
HOA Name
2. The selling unit owner has knowledge that the following alteration to the selling unit or to the limited common elements assigned to the selling unit violates a provision of the declaration, by-laws, or rules and regulations:
3. The selling unit owner has knowledge of the existence of the following violation of the health or building codes with respect to the selling unit or the limited common elements assigned to the selling unit:
I/We hereby acknowledge that I/we have received and read the information contained herein.
Signature of Seller(s):_________________________________________________
Date:
Signature of Purchaser(s):______________________________________________
Date:
ATTACHMENT B
I hereby acknowledge that I have received and read the attached information contained in the Certificate for Resale of HOA. In accordance with Section 11B106(b) of the Real Property Article of the Annotated Code of Maryland, as amended, I am providing the following information for your records (a copy of the settlement statement may be provided in lieu of completing this form):
Purchasers’ Name(s):
Purchasers’ Address:
Sellers’ Name(s):
Sellers’ Forwarding Address:
Address of Unit Purchased: ______________________________________________________
Date of Settlement: _________________________________
Amounts of Outstanding Condominium fees or assessments assumed by each of the parties to the transaction:
Name and Address of Mortgagee:
Name, Address and Phone Number of Settlement Attorney:
THEOHARIS -MANAGEMENT, LLC -
2120 16th St., NW #205 Washington, DC 20009
Phone: 202.387.0881
Management@Theoharis.com www.Theoharis.com
Owner Contact Information Form
Congratulations on the purchase of your new home! Please provide Theoharis Management LLC, with your contact information in order to initiate registering you into our database for online payment of your monthly HOA fees. This information will also be used for Community communications from the Board of Directors and/or Theoharis Management LLC, Agent.
Upon completion, please scan or email / fax the form back to Theoharis Management at: management@theoharis.com or (202) 318-8823
Community Name:
Property Address: _
Owner #1 Name:
Email Address (required):
Phone # (Primary):
Owner #2 Name:
Email Address:
Phone #:
Please read and complete the statement below:
I, , (Owner Name) hereby authorize
(Name of Association) and its Board of Directors and/or Property Management Agent to communicate with me exclusively via email including, but not limited to, the provision of meeting notices, covenant enforcement notices, assessment notices and all other notices relating to Association business. I understand that it is my sole responsibility to update my email address and other contact information with Theoharis Management LLC if there is any change. I understand that email will be the only method by which I receive notices and that I will not receive any notices via USPS mail.
Signature (required): Date:
Budget
Westside at Shady Grove HOA
COMMON EXPENSES
ADMINISTRATIVE
Westside at Shady Grove HOA
Balance Sheet Comparison
Westside at Shady Grove Metro HOA
c/o Theoharis Management, LLC Washington, DC 20009
RECREATIONAL AMENITY RENTAL APPLICATION AND CONTRACT
Member Name:
Member Address:
Phone No:
Activity Planned:
Email:
No. of Attendees: Space or Area Rented:
Event Date:
Start Time: End Time:
Terms and Conditions for Recreational Amenity Rental and Use:
1. All Members in good standing of Westside at Shady Grove Metro Homeowners Association, Inc. (the "Association") or the Management Agent engaged by the Association (the "Management Agent") are entitled to reserve and use certain Recreational Amenities within Westside at Shady Grove Metro community (the "Community") for a private event
2. The Recreational Amenities which may be reserved for use for a private event are available for reservation on a first-come, first-served basis. Recurring reservations are allowed. However, reservations may not monopolize the use of any Recreational Amenity in such a fashion so as to prevent others from a fair opportunity to use the facilities.
3. Fees charged exclusively to cover the costs of materials provided to participants involved in an authorized use are permitted, but the Member of the Association may not charge, nor permit any other party to charge, any type of assessment for the use of the Recreational Amenity
4. Group use may not exceed the maximum capacity for such Recreational Amenity, as stated on the Rental Fee Schedule. See attached.
5. Limited refrigerator space in a refrigerator designated by the Management Agent may be available on a first come, first served basis on the day of the event. If refrigerator space is
needed for large items (e.g., sheet cake), the Association must be notified at least seven (7) days in advance. Space is limited and may not be available if prior notification is not provided by the Member. All food and beverages left in the refrigerator at the end of the rental period set forth above will be disposed of by the Association or the Management Agent at the cost of the Member.
6. Activities sanctioned by the Association, including Board of Director meetings and committee meetings of the Association, have precedence for reservations.
7. The Member whose name appears on this Recreational Amenity Rental Application and Contract must identify themselves and check in with the Management Agent upon arrival and must be present and in the Recreational Amenity during the entire rental period.
8. Set-up and breakdown of events is the responsibility of the Member but must be coordinated with the Management Agent. Please note that the Association allows the Member to begin set-up one (1) hour prior to the rental timeframe. Cleanup and breakdown must occur within the period designated for rental set forth above.
9. At no time shall a reservation go beyond 12:00 AM, to include cleanup and breakdown. Should the Member or guests stay beyond 12:00 AM, the Member will be charged two times the hourly rate for every hour (or portion thereof) past 12:00 A.M until the Member and all guests have left the Recreational Amenity and removed all personal property.
10. A refundable security deposit and 50% of the rental fees are required at the time the signed contract is submitted to the Association. The security deposit must be paid by check payable to “Westside at Shady Grove Metro Homeowners Association.” No cash or credit card payments will be accepted. The security deposit will be held until the Association has inspected the reserved room(s) for any damages and will be returned within five (10) business days of the event. All rentals will require a pre-walkthrough inspection for return of security deposit.
11. The balance of the rental fees is due and payable at least thirty (30) days prior to the scheduled event and use of the Recreational Amenity, If rental fees are not paid within thirty (30) days of the event and use Recreational Amenity, the Association reserves the right to cancel the rental reservation. Fifty percent (50%) of the rental fees shall be retained by the Association should the reservation be canceled within thirty (30) days prior to the rental.
12. Post- event inspection shall take place within 24 hours of the event.
13. If damages are found or additional cleaning is required beyond the standard postevent cleaning, the Association will provide written explanation and deduct the additional cost from the collected security deposit. Any additional costs are due and payable within two (2) business days of notification by the Association.
14. It is the responsibility of the Member to ensure the reserved space is left in a clean and orderly status following each use. Clean-up should be completed to the satisfaction of the Association in order to receive full refund of the security deposit. Failure to do so may result in
loss of all or a portion of the security deposit as well as any additional fees assessed for additional clean-up costs or required repairs.
Clean-up shall include, but is not limited to:
a. Removal of all personal items, trash and event supplies.
b. Removal of all food and beverages from the refrigerator.
c. All furnishing in the room(s) shall be in the place and condition as the start of the rental.
d. All surfaces shall be wiped off.
15. All rental fees include post-event professional cleanings, which will include floor mopping and surface disinfecting. The cleaning service will also include, if applicable, cleaning of the grills and outdoor surfaces.
16. If the reservation includes the outdoor grilling area, Member will have use of the outdoor grill and seating area.
17. If the rental includes a room with a television, the use of the equipment for presentation or viewing is permitted. Member shall notify the Management Agent no later than three (3) business days prior to the rental to ensure the proper connections are available.
18. Equipment and/or furniture may not be removed from the Recreational Amenity, unless pre-approved by the Association or the Management Agent Nothing, including staples, tape, nails, pushpins and other similar objects, shall be affixed to the walls, ceilings, doors, windows or floors.
19. Rental of the Recreational Amenity space does not allow for the removal of any furnishings
20. Member shall provide their own food and beverage. Drop-off catering is permitted. This rental does not provide caterers access to the kitchen appliances, equipment or bar or pantry areas. Cooking or serving equipment and utensils are not provided. The renter shall be responsible for providing their own supplies.
21. Any outside (non-food) vendor must be pre-approved by the Association and Member must provide the Association with the vendor’s certificate of insurance, naming Westside at Shady Grove Metro Homeowners Association, Inc., as additional insured.
22. All outside vendors must follow Westside at Shady Grove Metro Homeowners Association Guidelines for the Use of Amenities, Amenity Rental Procedures and the Governing Documents of the Association.
23. Use of the outdoor fire pit is permitted. No Member shall leave the fire unattended and the Member must make sure fire and embers are fully extinguished prior to departure.
24. Music, movies, videos, and other electronic/entertainment media containing offensive language or obscene material are not permitted. The Association will determine the appropriateness of said entertainment, as required.
25. Use of a sound system (including live bands, DJs, TV’s, microphones, etc.) will be prohibited after 10:00 PM outside the facilities. Failure to do so will result in forfeiture of deposit.
26. No illegal substances or smoking are allowed in or around the Amenities.
27. It is the responsibility of the Member to ensure their activity does not interfere with normal operation of the Recreational Amenities.
28. The Member must notify the Association when any print or televised or other media will be present at the event. Member and media will be subject to Association media guidelines.
29. The Member assumes full responsibility for the proper conduct of their attendees and guests. All Members and their guests shall treat the Association staff with respect and adhere to all Association staff requests.
30. It is the responsibility of the Member to adhere to the policies and procedures governing the use of the Recreational Amenities, as well as the Association Governing Documents.
31. INCLEMENT WEATHER POLICY: In the event of inclement weather or other acts of nature during an outdoor rental, the Member may rent interior space, if available, but is responsible for the cost difference of the spaces. Refunds will not be granted for cancellations due to inclement weather or other acts of nature. In the event of inclement weather for outdoor rentals and provided the Member gives the Association at least 24 hours’ notice of postponement, Member may elect to postpone the event to another date, based on availability of Recreational Amenity space.
My signature below confirms that I am responsible for the group contracting to reserve the area(s) specified and that I have read and fully understand the terms and conditions for use. I agree to be fully bound by the requirements established by this contract and also agree to abide by the rules set forth in this contract as well as all Governing Documents of Westside at Shady Grove Metro Homeowners Association, Inc.
I understand that I will receive a refund of the security deposit if all the terms of the contract are met and all rules are honored. If there is damage to the Association property and surrounding
areas or additional cleaning needed in excess of the security deposit, I will pay the additional charges. Further, I agree that should I fail to pay the excess charges and the Association must file suit in Montgomery County, MD to enforce this contract, I will pay the Association’s attorneys’ fees and costs.
I understand that failure to abide by the terms of this contract could result in additional costs and/or denial of future Recreational Amenity reservation requests. I hereby indemnify and hold Westside at Shady Grove Metro Homeowners Association, Inc., its members, officers, employees, guests and agents harmless from any and all liabilities, suits, judgments, costs and expenses, including attorneys’ fees, arising from the performance of this contract or any act, omission or negligence.
Signature:
Signature:
TO BE COMPLETED BY THE ASSOCIATION
Date application submitted:
Security Deposit (Amount & Check #):
Rental Fee (Amount & Check #):
Date: Member
Date: Manager
Staff Signature:
Attachment #2
POOL POLICY
In accordance with the Bylaws of Westside at Shady Grove Metro Homeowners Association, Inc. (the "Association") and the Guidelines for the Use of Recreational Facilities (the "Guidelines") for Westside at Shady Grove Metro, the Board of Directors has established the following rules and regulations for use of the outdoor pool at Westside at Shady Grove Metro (the "Community") to promote the health, safety, welfare, comfort, and convenience of all Members of the Association. To the extent that the Montgomery County Department of Health or the Maryland State Department of Health impose additional rules, they are hereby incorporated into this Pool Policy.
I. RIGHT TO USE POOL
A. All Members of the Association, and all Occupants of the Living Units in the Community and all Permanent Household Residents (as defined in the Guidelines) are entitled to use the Community swimming pool (the "Pool"). This privilege may be suspended by the Board of Directors for Members, Occupants and Permanent Household Residents who are delinquent in their assessment payments or otherwise in default under the governing documents of the Association or the Guidelines. Members must designate, in writing, using a form authorized by the Association, those Occupants living in the Living Unit who are entitled to use the Pool.
B. Members of the Association, as well as Occupants and Permanent Household Residents will be required to use the key fob provided to the Members to access the Pool.
C. Individuals who are at least eighteen (18) years of age and who are caregivers of an eligible Pool user may enter and use the Pool and pool area if the Member is unavailable to escort (e.g., during working hours). A Member must register their caregivers with the Management Agent in advance. The conduct of the Pool users and the caregiver is the responsibility of the Member.
D. Guests must be escorted by an eligible Pool user with a valid key fob who is eighteen (18) years of age or older. Proof of age may be requested. Guests will not be admitted to the Pool without such escort. All guests must register with the Management Agent in advance prior to entering the Pool. The conduct of guests is the responsibility of the Member. See the Guidelines for maximum guest allowance.
II. RULES FOR USE OF THE POOL
A. The Association is represented by the Management staff (as defined in the Guidelines) and lifeguards, who have been instructed in the rules of the Pool. Any conflicts shall be addressed with the Management Agent who will bring the issue to the Association if it cannot be satisfactorily resolved.
B. Certified lifeguards will be on duty at all times that the Pool is open. The lifeguards will have the authority to use their discretion to enforce the rules to maintain a safe and healthy environment. The Management Agent is in charge of the Pool and the lifeguards are there for the protection of persons usingthe Pool. The Management Agent and the lifeguards have the authority to ask anyone to leave the Pool area for infractions of the rules or when safety is threatened.
C. Safety is of primary concern to the Association and its Members. All persons using the Pool do so at their own risk and agree to abide by the rules for use of the facility. The Association assumes no responsibility for any accident or injury in connection with such use or for any loss or damage to personal property. Members, Occupant and Permanent Household Residents are responsible for the actions of their children and guests.
D. Children under twelve (12) years of age must be accompanied by a responsible person eighteen (18) years of age or older while in the Pool area.
E. No person shall use the Pool facilities unless the Pool is officially open and lifeguards are on duty. Swimming without a ready-to-rescue lifeguard present on the Pool deck is prohibited.
F. All persons shall shower using soap and warm water and thoroughly rinsing off before entering the Pool. Parents shall instruct their children to comply with this requirement
G. Persons who have exhibit signs of infections, colds, lesions, open sores, bandages, etc. or are otherwise shown to be a contamination risk will not be allowed in the Pool. Sanitary habits are a responsibility of everyone and anyone displaying improper behavior will be asked to leave the Pool area.
H. Smoking will not be permitted within the Pool areas.
I. Food may be brought into and consumed in the designated eating areas in the Pool area. Persons who consume food are responsible for removing all litter. Chewing of gum is not permitted in the Pool area or in locker rooms or restrooms
J. Dangerous objects and materials, including breakable objects, such as, by way of example, but not limitation, glass containers, are not permitted in the Pool area.
K. Alcohol and other intoxicants will not be allowed in the Pool area. Intoxicated persons will not be allowed in the Pool area at any time.
L. Swimmers must wear proper bathing attire. No cut-offs, dungarees or similar attire will be permitted.
M. Persons must stay clear of lifeguard stations at all times.
N. Persons who are not demonstrably water-safe or who are not under the immediate supervisionofawater-safepersonwill notbepermittedin the Pool. Personsunable todemonstrate
an ability to swim will not be permitted in the deep end of the Pool. Persons may be required to pass a swim test administered by a lifeguard.
O. No play equipment, play pens, wheeled vehicles (except wheelchairs, strollers, etc.) are permitted in the Pool area.
P. Introducing dirt, excreta, foaming agents, soaps and other extraneous matter into the water is prohibited.
Q. No pets (except registered, working service dogs) are permitted in the Pool area.
R. The following may not be used in the Pool:
(1) Balls not intended for pool use;
(2) Toys not intended for pool use;
(3) Inner tubes not intended for pool use;
(4) Rafts or boats.
Use of any items that are allowable for use in the Pool is subject to the discretion of the lifeguard. Personal items may not be left in the Pool area and may be subject to disposal if unclaimed after one week.
S. Unsafeacts areprohibitedboth in thePoolandon the Pooldeck. Running,pushing, wrestling, dunking, standing or sitting on another's shoulders is prohibited. No screaming, profanity, or other boisterous behavior will be permitted in the Pool area.
T. Swimmers shall remain clear of the ladders except when entering or exiting the Pool.
U. All refuse must be placed in containers provided for this purpose. Keeping the facility clean is everyone's responsibility.
V. Any person who is incontinent, or not fully potty trained must wear appropriate waterproof clothing, including snugly fitting waterproof pants which are designed to prevent the introduction of fecal matter into the Pool and are worn over any type of diaper, including swim diapers, when entering or being carried into the Pool.
W. The lifeguards reserve the right to enforce a fifteen (15) minute pool break or lap swim or adult swim each hour.
Y. The use of radios, televisions or similar devices is permitted only when used with headphones.
Z. Reserved use of the Pool facilities shall be permitted for Association events sanctioned by the Board of Directors and in accordance with the rules and regulations promulgated by the Board. A Recreational Rental Application must be completed in accordance with the Guidelines.
GUIDELINES FOR THE USE OF RECREATIONAL AMENITIES
ATTACHMENTINDEX
Attachment #1: Recreational Amenity Rental Application and Contract
A. These Guidelines for the Use of Recreational Amenities ("Guidelines") provide guidance for the operation of the Clubhouse and other Recreational Amenities at Westside at Shady Grove Metro. The Guidelines establish a baseline set of standards for the use of these amenities to maximize the enjoyment of the Owners and Occupants of the community known as "Westside at Shady Grove Metro" (the "Community").
B. These Guidelines which will evolve over time depending upon the addition of new Recreational Amenities and/or upon the operational experience of the Recreational Amenities The Board of Directors of the Association (the "Board") will periodically review utilization of the Recreational Amenities, and the costs, services provided, and hours of operation, to ensure that Owners and Occupants of the Community receive the benefit of economical operation of the Recreational Amenities
C. Issues not covered in these Guidelines which subsequently arise will be addressed by the Board for resolution and potential inclusion in these Guidelines.
II. DEFINITIONS
Capitalized terms used herein which are not defined in these Guidelines have the definitions ascribed to such terms set forth in the Declaration of Covenants, Conditions and Restrictions of Westside at Shady Grove Metro, as said Declaration of Covenants, Conditions and Restrictions have been amended and may be further amended from time to time (the "Declaration").
A. Grounds: Grounds include all Common Area Parcels and Common Area Improvements, including but not limited to, all On-Site Common Area Landscaping within the Common Area Parcels, and a Dog Park located within the Common Area Parcels
B. Authorized Personnel Areas: These areas are for the exclusive use of authorized Management personnel and include, but are not limited to, the Association management offices, utility closets, pool storage rooms, lifeguard offices, pump houses, electrical rooms, fire/sprinkler rooms, community center storage rooms, community center kitchen storage areas, fitness room, supply closets, and pantry. Authorized Management personnel include the personnel engaged by the Board of Directors of the Association or the Management Agent on behalf of the Association.
C. Clubhouse: The community center which includes an club room, café, pantry, fitness room, meeting room, outdoor seating area and restrooms
D. Common Area Improvements: All improvements on the Common Area Parcels.
E. Common Area Parcels: All of the areas within the Community identified in the Declaration as Common Area Parcels.
F. Community Center Area: The area within the Community which includes the Clubhouse, Pool deck, Pool, outdoor seating area, open lawn area, tot lot and related amenities, all located on the Common Area Parcel identified as Parcel B, Block N
G. Management: Management staff includes the employees of the Management Agent providing services for the Community and all on-site employees of the Association.
H. Members: All Members of the Association
I. Members in Good Standing: Members in good standing include all Owners of record for whom privileges have not been suspended due to Board action or non-payment to the Association.
J. Occupants: Residents of a Living Unit, who are the lessees or sublessees of a Member
K. Permanent Household Residents: Family members who permanently reside in a Member’s household for an extended period of time (6 or more months per year).
L. Pool: The outdoor pool located adjacent to the Clubhouse.
M. Recreational Amenities: The Recreational Amenities include the physical structures located within the Community, including, without limitation, the Pool, a playground, the Clubhouse pocket parks, dog park(s), and any other Common Areas
III. HOURS OF OPERATION
A. TheAssociationhoursof operationfor theClubhouse,thePooland theother Recreational Amenities are established by the Board of Directors of the Association. The specific hours may change throughout the year as determined by the Board to accommodate seasonal transitions and facility use. The hours of operation are currently anticipated to be as follows:
d. Pool Memorial Day to Labor Day only; 11:00 a.m. – 8:00 p.m. 7 days a week
e. Playground – Dawn to Dusk daily
f. Dog Park – Dawn to Dusk daily
B. Management has the authority to temporarily close any facility, or portions thereof, for health, safety or other valid reasons and will seek to reopen the facility as soon as corrective action has been taken.
C. The Pool can only be used when lifeguards are on duty and the Pool is open and operational.
D. If a Member of Occupant identifies a problem with respect to any Recreational Amenity, the Member or Occupant should make every effort to contact Management to advise of the problem identified.
E. If there are onsite staff, each Member and Occupant must respect that such onsite staff is conducting daily operating business. Appointments can be scheduled for a Member or Occupant to meet with a Management representative
IV. MANAGEMENT POLICY AND PROCEDURES RESPONSIBILITY
A. All Members and Occupants must be familiar with, abide by these Guidelines. However, any failure to apply or enforce any provision of these Guidelines shall not be construed as a blanket wavier or repeal of the provision(s).
B. Management and hired contractors of the Association, such as the pool company, shall be advised to extend Members all courtesies, comforts, and services to which a Member is entitled.
C. Enforcement of these Guidelines is delegated by the Board to the Management Agent and its authorized personnel and contractors engaged by the Board or the Management Agent, including, without limitation, the company engaged to manage and/or operate the Pool
V. MEMBER PRIVILEGES AND CONDUCT
A. Only Members and Occupants in good standing, and Permanent Household Residents, and their authorized guests shall be allowed to use the Recreational Amenities.
B. Neither Members whose privileges have been suspended nor their Occupants, Permanent Household Residents and guests, shall be permitted to use any Recreational Amenities. Membership privileges include, but are not limited to:
(1) The ability to rent any Recreational Amenities which are available for rental. See Attachment #1 for Recreational Amenity Rental Application and Contract
(2) Unlimited use of the Recreational Amenities during normal hours of operation subject to the policies mandated by the Board.
(3) The ability to register and/or attend/participate in any Community events or programming.
C. All Members, Occupants and Permanent Household Residents should present photo identification upon request.
D. Common Areas of the Community, including, without limitation, Recreational Amenities, may not be used as places to conduct business.
E. All Members will be issued two (2) key fobs for access to certain Recreational Amenities. Additional key fobs for Permanent Household Residents over the age of 13 will be available for purchase. No more than 4 key fobs will be issued to any household. If a key fob is lost or stolen, the Member is required to contact the Association immediately. Replacement fobs may be purchased for a fee through the Association
F. Members are responsible for their own conduct and the conduct of their children, relatives, Occupants, Permanent Household Residents and guests, and are subject to Board action for any infraction of these Guidelines or other adopted Rules.
G. The Board, the Management Agent or its designee may ask anyone to leave any Recreational Amenity for infractions of the rules, improper conduct, or when safety is threatened. Improper conduct as determined by the Board, the Management Agent or its designee includes but is not limited to offensive or lewd language or behavior, verbal abuse or bullying toward residents, guests, staff or anyone within the Common Area Parcels, including, without limitation, the Recreational Amenities, and is also subject to disciplinary action by the Board of Directors.
H. Disciplinary action by the Board of Directors may include but is not limited to suspension of Membership privileges.
I. Appropriate attire is required throughout the Recreational Amenities. Swim attire is prohibited within the Clubhouse.
J. Members are responsible for any debts, damages or losses to any Common Areas caused by the Member, their children, Occupants, Permanent Household Residents, relatives, and guests.
K. The Association shall not be responsible when articles belonging to Members and/or their guests are reported abandoned, damaged or missing from the premises.
L. All furniture, furnishings and equipment within any of the Recreational Amenities is to be used by all Members, their children, Permanent Household Residents, Occupants and guests in an appropriate and respectful manner, as it is intended and as if it were their own personal property, and in a safe manner Failure to do so may result in monetary charges to a Member for damages or other disciplinary actions as approved by the Board.
M. Members shall not attempt to direct the work of Management staff, contractors or service providers. This includes, but not limited to, the management staff, lifeguards, cleaning staff and landscape maintenance workers. Complaints relative to the operation of
Association, the Management Agent or its staff shall be brought to the attention of the Board
N. No event shall be scheduled or held within any Recreational Amenity, unless prior permission has been approved by the Board or the Management Agent.
O. Invitations to event which is approved for use in any Recreational Amenity shall not be printed in any newspaper, or in the media, or other form of mass distribution, without permission from the Board or the Management Agent.
P. Amplified music and/orsound inconjunctionwith activities in theClubhouse,atthe Pool, on the Pool deck, or at any other Common Area Parcel within the Community is not allowed unless prior approval of the Board or the Management Agent is provided in writing
VI. USE DISCLAIMER
Use of any Recreational Amenity constitutes acceptance by all persons utilizing the facility of the following disclaimer:
“I/We release, discharge and waive any and all responsibility of Westside at Shady Grove Metro Homeowners Association, Inc, and its Management Agent, and their respective employees, officers, shareholders, directors, and staff against any liability or injury, up to and including death, and for any damage to or loss of property which may be suffered arising out of or in any way connected with the participation in any program or use of any equipment, Recreational Amenity or facility at Westside at Shady Grove, including but not limited to the Clubhouse, Pool, Fitness Center, Dog Park, eating areas, Common Area Parcels, and any facilities maintained by the Association).”
VII. OPEN USE OF AMENITIES VS. RENTALS
A. The Association encourages open use of all Recreational Amenities by the Members of the Association.
B. Should a gathering monopolize the open use of a Recreational Amenity or a Member complaint is received, the Board reserves the right to request that the Recreational Amenity space be freely shared.
C. The removal/rearranging of furniture is not permitted without approval by the Board or Management Agent, or designated staff. If approved, the Member is required to leave the space in the configuration it was found in.
D. All usage of the Recreational Amenities must follow these Guidelines.
E. A rental agreement must be entered into for the use of any Recreational Amenity if:
(1) A Member requires a guarantee of availability or any Recreational Amenity for a specific use
(2) A vendor is providing services with respect to the use of the Recreational Amenity.
(3) Attendance at an event or gathering in a Recreational Amenity will potentially exceed (ten) 10 people.
VIII. POOL PRIVILEGES, POLICY, AND ENFORCEMENT
A. Use of the pool is subject to The Westside at Shady Grove Metro Pool Policy. See Attachment #2, Pool Policy.
B. Access to the pool is restricted to maximum occupancy limitations.
C. All Members, Occupants, Permanent Household Residents and guests must register with the pool attendant upon entering the pool area. Members are permitted to bring up to two (2) guests per household daily. A guest fee may be implemented in the future.
D. Members and guests must comply with all pool operational and safety protocols.
E. Changing areas are provided in the men and women's restrooms at the Pool or Clubhouse. Permanent or long-term storage of personal items is not permitted,. The Association, Management Agent and/or pool staff is not responsible for lost or stolen personal items of Members or their guests, or any personal items left in changing areas
F. The chairs on the Pool deck may be used on a first-come, first-served basis. Reserving chairs for other persons or for personal items is not permitted.
G. The Association is represented on a day-to-day basis by onsite lifeguards who have been instructed in the Pool Policy. Any conflicts shall be addressed with the Management Agent, who will bring the issue to the Board if it cannot be satisfactorily resolved. It is the responsibility of the Management Agent, designee and the lifeguards to adhere to and enforce the Pool Policy.
IX. POOL CLOSURES
A. The Pool is subject to unscheduled closings in the event of health hazards or inclement weather.
B. The protocols for closing the Pool due to health hazards are:
(1) The Pool will be closed when unsafe chlorine levels or pH balance conditions exist. Once corrected, the Pool will be re-opened.
(2) The Pool will be closed when contamination from vomit or excrement exists. Because the lifeguards must administer a “shock treatment” to the pool water,
closure may be up to 6 hours. Once chlorine measures are at safe levels, the Pool may be re-opened.
(3) The determination of whether normal chlorine levels are sufficient to kill harmful bacteria from inadvertent urination in the Pool, and whether closure is necessary may be made by the lifeguards or the pool management company
(4) The Pool will be closed when blood is found in the Pool. Lifeguards will administer appropriate water treatments and re-open the Pool when chlorine measures are at safe levels and proper pH balances are obtained.
(5) The Pool will not normally be closed for vomit, excrement, urine, and/or blood found on the Pool deck. Instead, the area will be cleaned up and sanitized with a chlorine scrub.
C. The protocols for closing the Pool due to inclement weather are:
(1) In the event of thunder or lightning, the pool will be closed. After a consecutive thirty (30) to forty-five (45) minutes of no thunder or lightning, or such longer period of time as may be required by applicable law, the Pool may be re-opened.
(2) In the event of heavy rain that clouds the water, lifeguards and the Management Agent or designee will close the Pool if the water is too murky to see the bottom. Once the cloudiness has dissipated and the chlorine measures at the appropriate safe level, the Pool may be re-opened.
D. The protocols for closing the Pool due to maximum occupancy are:
(1) The Management Agent or the lifeguards will enforce occupancy requirements set forth by Montgomery County, Maryland or the State of Maryland for ensuring the safety of all Members and guests using the Pool.
(2) Should the maximum occupancy be reached for the Pool or Pool deck, the lifeguards may stop admittance to the Pool or Pool deck immediately. The lifeguards will post a sign notifying members that the maximum occupancy has been reached. As others leave the Pool area, additional persons will be permitted to enter the Pool area.
E. Adult Swim periods.
(1) The Management Agent or the lifeguards will have the right to establish "adultonly swim periods" where children under the age of 14 will be required to leave the pool for such period. The "adult-only swim period" may be up to 15 minutes of every hour.
X. INDOOR CAFE
A. Daily open use of the kitchen/bar space and pantry in the Clubhouse is available to all Members, Occupants, and Permanent Household Residents
B. The back storage rooms are not available.
C. Use of the refrigerator is available for rentals upon request and approval by the Board or the Management Agent.
D. Members must dispose of all trash in the proper receptacles. Refrigerator must be left clean after use. No personal food or beverages may be stored in the refrigerator. Management staff shall have the right to dispose of all food and beverages left in the refrigerator.
E. The removal/rearranging of furniture in the kitchen/bar or pantry is not permitted without approval by the Association or Management Agent staff. If approved, the Member is required to leave the space in the configuration it was prior to such use by the Member.
XI. OUTDOOR GRILLING AREA
A. The outdoor grilling area, including the gas grills It is available on a first come, first served basis.
B. Events or gatherings where attendance may exceed ten (10) people require a Rental agreement to be executed by the Member. See Attachment #1, Recreational Amenity Rental Application and Contract
XII. OUTDOOR FIRE PITS
Use of outdoor fire pits is permitted by Members, Occupants and Permanent Household Residents. A fire may not be left unattended and the Member, Occupant or Permanent Household Resident must make sure the fire is fully extinguished prior to departure. Fire pits are not for use by anyone under the age of 17.
XIII. CLUB ROOM
A. The Club Room in the Clubhouse may be used by Members on a first-come, first-served basis if available with exceptions.
B. If the use of the Club Room, or other areas of the Clubhouse is to be reserved for an event at which it is anticipated that more than ten (10) people will be attending, or if the event willexceedninety(90)minutes,or ifanyset-up isrequiredforthe event, thentheMember must enter into a Rental Agreement for the use of the applicable rooms. See Attachment #1 – Recreational Amenity Rental Application and Contract.
C. All scheduled activities and events must meet the prior approval of the Board.
D. Members reserving rooms are responsible for the proper disposal of trash and for any damage caused by the use of the reserved rooms or other areas of the Clubhouse during such event or the set-up or disassembly for such event.
E. Equipment or furniture may not be moved or removed without prior approval from the Board or the Management Agent. If approval has been given, all removed and moved equipment and furniture must be returned to its original location.
F. Members reserving space are required to leave the room in the condition it was found, including but limited to cleaning off table surfaces, chairs, carpets/flooring.
XIV. FITNESS CENTER
A. The Fitness Center is for the exclusive use of the Members, Occupants, and Permanent Household Residents The Association monitors usage through key fob access. All users of the Fitness Center are required to check in at the lobby or swipe their key fob at the exterior entry points of the facility. Members, Occupants and Permanent Household Residents may be asked to present identification. If a Member wishes to bring a guest to the Fitness Center, then the Member must accompany the guest at all times while using the Fitness Center.
B. Members and guests use the facility at their own risk and are responsible for obtaining medical clearance before using the facility and equipment. The Association assumes no responsibility or liability for any accident or injury in connection with such use.
C. All persons using the facility agree to waive any and all claims against the Association and the Management Agent and shall not hold the Master Association or the Management Agent liable for any accident, personal injury, loss of personal property or any consequence resulting from the use of the facility.
D. Persons under the age of 14 are only allowed in the facility with the prior written authorization of the Board. A parent or legal guardian must sign the Fitness Center Use Agreement on behalf of any resident between the ages of 14 and 17.
E. While using the facility, Members, Occupants, Permanent Household Residents or guests maynotleaveunaccompaniedpersonsunderthe age of14inthefacilityor theClubhouse.
F. The Board and the Management Agent shall be notified immediately of any damaged or inoperative equipment.
G. For safety reasons, leaning on or placing equipment against any mirrored walls or windows is prohibited.
H. Members are not permitted to bring any fitness equipment into the facility.
I. When other persons are waiting to use any equipment, the use of any piece of equipment is not to exceed thirty (60) minutes.
J. Permanent storage of personal items is not permitted. The Association is not responsible for lost or stolen personal items, or items left in the Fitness Center.
K. Members are permitted to bring up to two (2) guests to the Fitness Center per month, but not more than one (1) guest at a time may use the Fitness Center. Members are responsible for ensuring their guests adhere to the rules governing the Fitness Center.
L. Audio devices may be used only with headphones or ear buds while in the Fitness Center to avoid disturbing others.
M. Weights, mats, or other equipment or furnishings may not be removed from the Fitness Center at any time.
N. Members should limit the use of cell phones while in the Fitness Center to emergencies only.
O. No individuals may charge fees for personal instruction, or for conducting classes, without the prior approval of the Association. Members may not bring personal trainers/instructors to the Fitness Center.
P. Loud or offensive language and uncooperative behavior will not be permitted in the Fitness Center.
Q. Appropriate shoes, shirts and athletic attire must be worn at all times while in the Fitness Center. Closed toe and heel rubber-soled shoes shall be worn at all times, except during specialized classes. No flip-flops are permitted within the Fitness Center
R. No smoking, food, gum or beverages (except water or sports drinks in plastic containers) are allowed in the Fitness Center.
S. All equipment must be wiped off before and after each use with cleaning wipes.
T. All equipment should be used properly to avoid excessive wear and tear, damage to the Fitness Center, the equipment and personal injury. Examples include, but are not limited to: 1) Put weights down gently on the benches and floor. 2) Consult posted instructions on proper use of equipment. 3) Avoid dropping and banging weights. 4) All free weights must be returned to the free weight storage rack. Please use the equipment in accordance with the manufacturers’ recommendations.
XV. GENERAL USE LIMITATIONS FOR OUTDOOR FACILITIES
A. Because safety is a primary concern, all persons the Clubhouse, Pool, any Recreational Amenity, or other Common Areas of the Community do so at their own risk and agree to abide by the rules for the use of the Recreational Amenities and these Guidelines. The
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Association assumes no responsibility for any accident or injury in connection with such use or for any losses or damage to personal property.
B. The outdoor facilities and open spaces are open daily from dawn to dusk.
C. Use of the outdoor facilities is available on a first-come, first-served basis.
D. Play equipment should be used by the age group for which it was built.
E. All children must play safely, including no horseplay.
F. All trash must be disposed of in the appropriate receptacle prior to departure.
G. No glass containers are permitted in any outdoor Recreational Amenities.
H. Members are responsible for their actions and the actions of their Occupants, Permanent Household Residents and guests.
I. The Management Agent or its designee has discretionary authority to enforce rules and maintain a safe and healthy environment. The Management Agent or its designee may ask anyone to leave the Clubhouse, Pool, Pool Deck or any other Recreational Amenity for infractions of the rules, improper conduct, or when safety is threatened.
J. No outdoor Recreational Amenity shall be used when weather conditions indicate a thunder or lightning storm is imminent. All persons shall seek safe shelter at the sound of thunder or sight of lightning.
K. No outdoor Recreational Amenity shall be used when icy, wet or snow covered. The Pool shall not be used except when lifeguards are present.
L. Pets are not permitted within the outdoor facilities or within the Clubhouse. That specifically includes grass areas adjacent to the Clubhouse, Pool deck, tot lot, or open lawn area.
M. Dog owners/handlers are responsible for cleaning up after their dogs and for repairing any holes or other damage caused by their pets.
N. Any outdoor Recreational Amenity may be closed at the discretion of the Board or the Management Agent for maintenance, adverse weather conditions, safety considerations, or community activities. The Board may reserve the use of these areas for Association programs and activities.
O. The Association assumes no responsibility for loss or damage to personal belongings.
XVI. DOG PARK
A. All dogs must be legally licensed, vaccinated and registered in Montgomery County, Maryland
B. All dogs must be leashed and under the direct physical control of a person when entering and exiting any Dog Park. No spiked collars are permitted.
C. Each Member using a Dog Park must always have sight of and control of their dog. No dog may ever be left unattended while in the Dog Park.
D. Dogs in heat or under four (4) months of age are not permitted.
E. No other animal types are permitted.
F. Trash bags and receptacles are available at the Dog Park and Members are required to dispose of all dog waste. No waste bags shall be left anywhere in the Community except in trash receptacles.
G. Any dog that exhibits aggression toward any person or another dog must be immediately leashed and removed from the Dog Park.
H. Dog owners/handlers are responsible for cleaning up after their dogs and for repairing any holes or other damage caused to the Dog Park by their pets.
I. No glass containers are permitted in the Dog Park
J. Users assume all risk related to the use of the Dog Park.
XVII. FOOD, BEVERAGES AND ALCOHOL
A. Because of the potential danger associated with glass containers and the potential breakage of glass containers, the use of glass containers on the Common Area Parcels and in the Recreational Amenities by Members, Occupants, Permanent Household Residents and guests at the Community, is prohibited
B. In order to maintain the cleanliness and safety of the pool, no food or beverages are allowed in the pool itself; and all Members, Occupants, Permanent Household Residents and guests consuming food must do so in the eating areas and/or seating areas designed by the Board or the Management Agent
C. No alcoholic beverages may be served or consumed within the Common Areas of the Community. All Members, Occupants, Permanent Household Residents and guests assume their own risk in the serving or consumption of alcohol within the Community. Offensive or disruptive behavior will not be tolerated and if this behavior is reported to or witnessed by the Management staff, the Member, Occupant, Permanent Household Resident and accompanying guest(s), if any, may be asked to leave the premises. Abuse of the alcohol usage policy may be reported to the Board and may result in fines and/or loss of usage of the Recreational Amenities.
XVIII. REFUSE
Members are urged to assist in keeping the Common Area Parcels and Recreational Amenities clean and pleasant by disposing trash in appropriate receptacles
XIX. TOYS AND WHEELED EQUIPMENT
A. No play equipment, including wagons, skateboards, rollerblades, skates, playpens, bicycles, or other wheeled vehicles (except wheelchairs, walkers, and strollers) are permitted inside the Recreational Amenities (to include patio areas of the Clubhouse) and the Pool deck.
B. No wagons, bicycles and other wheeled equipment shall be parked in front of any entrance to a Recreational Amenity nor in any manner obstruct access to any such entrance.
C. Bicycles used by Members, Occupants, Permanent Household Residents and guests or employees of the Association or the Management Agent for transportation to and from the Recreational Amenities are permitted and encouraged. They shall only be parked and secured in the designated areas for the parking of bicycles. Each Member, Occupant, Permanent Household Resident or guest using a bicycle shall use and park such bicycle at such party’s risk.
XX. SMOKING
Smoking is not permitted in or around the Recreational Amenities or Grounds
XXI. LOUD AND OFFENSIVE LANGUAGE AND BEHAVIOR
Persistent loud or offensive language and behavior as determined by the Board, the Management Agent, Management staff or lifeguards is prohibited and may be grounds for disciplinary action by the Board, the Management Agent or lifeguards. Disciplinary action may include but is not limited to being asked to leave Recreational Amenities. Disciplinary action by the Board may include, but is not limited to suspension of privileges including suspension of the Membership privileges.
XXII. FIREARMS, EXPLOSIVES, AND OTHER WEAPONS
Weapons of any kind are prohibited anywhere on the Grounds, including, without limitation, anywhere within the Recreational Amenities.
XXIII.
SALES
A. No commercial advertisements or commercial/non-commercial flyers shall be posted or circulated in or around the Recreational Amenities or Grounds without prior Board approval, which may be withheld or given in the sole discretion of the Board.
B. Neither the Recreational Amenities nor the Grounds may be used directly for commercial activity, to include but not limited to, the sale of products or services with the exception of professional photography which requires permission from the Board.
XXIV. POLICY AND PROCEDURE CHANGES
A. The Board reserves the right to amend these Guidelines at any time and for any specific reason.
B. Members may direct questions, opinions, and suggested changes to the Board for consideration
Attachment #3
FITNESS CENTER USE AGREEMENT
I,__________ ____, represent and warrant that I am a resident of Westside at Shady Grove Metro residing at ___________________________ (the "Property") and that I am the parent or legal guardian of __________________________ (the "User"), who is _____ years of age.
I hereby represent and warrant that: (i) I have read the Guidelines for the Use of Recreational Amenities (the "Guidelines") and understand the rules ("Fitness Center Rules") set forth in the Guidelines regarding the use of the Fitness Center in the Clubhouse (the "Fitness Center") of Westside at Shady Grove Metro (the "Community"); (ii) I shall be responsible for the User complying with the Fitness Center Rules; (iii) the User and I are familiar with the safe and proper use of the exercise equipment in the Fitness Center; (iv) the User will use all of the exercise equipment properly; and (v) I am responsible for the User’s conduct in the Fitness Center.
I acknowledge and agree that (i) the Fitness Center is unsupervised; (ii) the Association recommends that I consult with the User’s physician and health care providers before starting an exercise program and using the exercise equipment in the Fitness Center; (iii) the improper use of the exercise equipment can lead to injury and death; (iv) the User has no medical condition (physical or mental) that would prevent the User from being able to use any of the equipment in the Fitness Center; and (v) I am authorizing the User to use the exercise equipment at our own risk.
I hereby release and agree to hold harmless the Association, its directors, officers, employees, members, residents, and agents (including the Management Agent for the Community) for any direct or indirect claims, liabilities, injuries, damages to the User’s person (including death or dismemberment) or property, including but not limited to costs and attorney’s fees, arising from, caused by, or the result of User’s use of the Fitness Center or arising from breach of this Agreement. I also agree to and covenant not file suit or initiate or pursue any claims (whether judicial, non-judicial, or administrative) against the Association, its directors, officers, employees, members, residents, and agents arising from, caused by, or the result of User’s use of the Fitness Center or arising from breach of this Agreement.
I further hereby agree that I am liable for any and all claims, liabilities, injuries, damages to persons or property, direct or indirect, including but not limited to costs or attorneys’ fees, arising from, or as a result of User’s misuse, abuse or negligent use of the exercise equipment. I agree to reimburse the Association for any such claims and/or liabilities, injuries, damages to persons or property, including but not limited to, costs and attorneys’ fees.
I understand and agree that the Association has the right to immediately terminate this Agreement (i) if I no longer occupy the Property; (ii) I or the User breach this Agreement; (iii) the User violates the Rules; or (iv) my privileges are suspended in accordance with the Guidelines.
I acknowledge and agree that this Agreement is binding upon my heirs, beneficiaries, and successors-in-interest.
I hereby acknowledge that _______________________ resides at my Property and I request that he/she be permitted to use the Fitness Center until such time as I revoke such authorization in writing; I no longer reside in Westside at Shady Grove Metro community; or the Association terminates this Agreement.
