POA RULES FOR 2005

Violation of these rules may result in the forfeiture of your POA card.  All statements of POA Policy are available for inspection in the office.  required documents for building are available at the office.  A valid POA card is required for use of Common Properties and Facilities. 

Additional identification, (other than a POA card which shall be readily Available) that contains a photo (such as a driver’s license or student identification card) may be required. 

The POA is not responsible for adults and/or minors using the common areas or facilities.  Property Owners are financially responsible for their family members and guests.

Any persons other than those specified using the lake or other facilities of Heritage Lake will be considered trespassers and may be subject to prosecution. 

 ACTIVITIES CENTER, SWIMMING POOL, BEACH AND PICNIC AREA RULES. 

Refer to policy regarding guests and private parties.

 Activities Center Rules

1.       Facilities are for the use of the members and their guests on a first-come-first-serve basis.

2.       Members are responsible for their guests.

3.       Repairs required due to misuse of property will be charged to the property owner responsible.

4.       No one under 12 years of age may use the facilities unless accompanied and supervised by a parent or guardian.  The parent/guardian may designate a responsible person (in writing) as their substitute.  The attendant has the final say.  The parental permission form will be provided by the POA.

5.       No pets are allowed in the Activities Center.

6.        No wet clothing is allowed in the Activities Center except in changing rooms.

7.       Association property is not to be removed from the building without authorization from the manager.

8.       Bicycles and motorized vehicles are to be ridden on roadways only, or legally parked.

9.       No glass beverage containers are allowed inside or outside the Activities Center (upstairs deck and patio included.)

10.    No smoking in the Activities Center or swimming pool during regular open hours except in designated areas.

11.    No alcohol in or around the Activities Center or swimming pool during regular open hours with NO EXCEPTIONS.

 Pool Table, Table Tennis, and Other Activities Center Sporting Equipment

1.       POA card is required for use.

2.       No one under 12 years of age may use the facilities unless accompanied and supervised by a parent or guardian.  The parent/guardian may designate a responsible person (in writing) as their substitute.  The attendant has the final say.  The parental permission form will be provided by the POA.  No one under 12 years of age may play pool unless accompanied by a parent or adult guardian. 

3.       Only one game is to be played when others are waiting.

4.       Only one set of tennis is to be played when others are waiting.

5.       Damage or repairs required due to misuse will be charged to the property owner responsible.

 Swimming Pool Rules

1.       No one under 12 years of age may use the swimming pool unless accompanied and supervised by a parent or guardian.  The parent/guardian may designate a responsible person, at least 14 years of age (in writing), as their substitute.  Each child under 12 years of age, not supervised by an adult, will be required to pass a basic swim test.  The lifeguard has the final say.  The parental permission form will be provided by the POA.

2.       No playing on the ladders.

3.       No running or rough play in the pool area or restrooms.

4.       No street shoes are to be worn in the pool area.

5.       No glass beverage containers are allowed in the pool area or patio.

6.       No food, beverages or gum are allowed in the pool area.

7.       No pets are allowed in the pool area.

8.       No one may enter the pool with open cuts or sores, skin diseases, or with bandages or tape on their person.

9.       No street clothes are to be worn in the swimming pool.

10.    Guests must be accompanied by a POA member in good standing or must be registered by the POA member for a maximum of 7 days after which registration must be renewed. (See above #1.)

11.    Maximum number of swimmers allowed in the pool at any given time during normal open hours is to be 100.  Private parties are limited to 150 when the pool is “closed.”

12.    During open-swimming periods, inflatable objects permitted in the pool will be limited to a reasonable size, i.e., a child’s life preserver.

13.    In all cases the decision of the lifeguard will be final regarding any objects in the pool.

14.    No disposable diapers are to be worn in the pools.

15.    No diving is allowed.

 Beaches

1.       No animals are allowed on the beaches or in public swimming areas.

2.       Bicycles and motorized vehicles are to be ridden on roadways only, or left legally parked.

3.       No food, glass beverage containers, or cans are allowed on the beaches.  Those wishing to eat or drink should use the picnic areas.

4.        No fires are permitted on the beach areas except in the designated area at Lincoln Park.

5.        Restrooms are open May 1, through November 1, weather permitting.

6.        No camping is allowed on the beaches.

7.        No littering on the beaches.

8.        No disposable diapers are to be worn swimming.

9.        No washing of any clothing in lake or beach areas.

10.    Swimmers please note — no lifeguards are on duty at beaches.

11.     Beaches are open from sunrise to sunset or as otherwise posted.

 Picnic Areas

1.        No littering in the picnic areas.

2.        Cooking may be done only on your own grill or those provided.  Starting of any other fire is prohibited except in the designated area at Lincoln Park.

3.        No glass beverage containers are allowed in the picnic areas. 

4.        No animals are allowed in picnic and playground areas.

5.        Picnic tables should be vacated when not actually being used for eating.

6.        No camping is permitted.

7.        Picnic tables are not to be removed from picnic area.

8.        Bicycles and motorized vehicles are to be ridden on roadways only, or left legally parked.

 LAKE RULES FOR HERITAGE LAKE

SECTION A. ELIGIBILITY

1.        All members of the Heritage Lake Property Owners’ Association in good standing with current assessments paid and GUESTS IN THEIR ACCOMPANIMENT are eligible to use Heritage Lake and operate watercraft.  In addition, any child, stepchild, ward or foster child under the age of twenty-five living in the home of the property owner or living on campus as a full-time student, is considered to be an eligible member, not subject to the purchase of any additional memberships or permits related to use of lake facilities.  Included also is any person domiciled and residing in the property owner’s home as a dependent member of the immediate family. 

2.        Persons also eligible for watercraft operating licenses include
emancipated child, sibling, son-in-law (current), daughter-in-law (current), father-in-law (current), mother-in-law (current), parent, grandparent, and grandchild.  Where applicable a step relationship also applies.  The property owner shall register eligible person(s) through the purchase of watercraft operating licenses. 

3.        Accompaniment is defined as:

      a.  On the same boat or being towed by the same boat as the guest.

      b.  On the same personal watercraft as the guest.

      c.  On a second personal watercraft riding with the guest on a personal             watercraft (within 200’).

      d.  On a second powerboat and your guest on a personal watercraft (within            200’).

4.        Procedures for watercraft operating licenses:

      a.  The property owner shall register eligible person(s) through the purchase             of a watercraft operating license.  Registration must be done at the POA            Office.  Property owner shall pre-register eligible person(s) (by name) as            defined in Section A.2., wherein the applicant is required to pass a written            test on Heritage Lake Rules.  With this permit on (in) the boat and the            person properly registered, the boat may be operated by that person            without the presence of the property owner.

       b.  Seasonal License - at the cost of $169 for the first license issued and       $50 for each additional license.          

       c.  Short Term License– to be issued for up to ten (10) consecutive days at             a cost of $50.  The short-term license will be limited to one per person       per season.

      d.  The property owner must show current POA card and driver’s license.

     e.  All registrants shall be required to verify by signature that they have                        received a copy of the current Lake Rules and that they accept full                          responsibility to read and comply.

     f.  Watercraft operator must have the license in the boat at all times.

     g.  Misuse of a watercraft operating license includes, but is not limited to: 

          (1).  The transfer to any other person.

          (2).  Failure to have the license in the boat.  The Security Officer will                   consider this to be a Second Written Violation (see Section M.4.b.).                   The Lake Manager will notify the property owner that lake privileges                  are suspended for all boats owned for a period of 8 days for the            offense.

         (3) .  On the second offense the privileges would be suspended for a                   period of 15 days and the license would be invalidated and must be                   surrendered.  The property owner may pay for and secure another        seasonal license at a cost of $50 after the 15-day suspension.

         (4).  Operation of a watercraft by any unauthorized person without a                  watercraft operating license will be considered appealable, and                   will result in the following penalties and  suspensions:

                 a.  A violation not involving personal injury and/or property                         damage by an unauthorized person with out watercraft                       operating license will result in a fine of $250 and a                                            suspension of all lake privileges for a period of one month.                         Violation of the suspension will result in a doubling of the                        fine and suspension.                            

                 b.  A violation involving personal injury and/or property damage                        by any unauthorized person without a watercraft-operating                        license will result in a fine of $500 and a suspension of all                        lake privileges for a period of one month.  Violation of the                        suspension will result in a doubling of the fine and                        suspension.

         (5).  Violations and applicable penalties will be charged to the property        owner. 

         (6)   Procedures for appeals do apply.        

         (7).  No verbal warning will be given to unauthorized persons  without a                  watercraft-operating license.

5.    Guest Operation of Paddleboat, Canoe or Kayak:  A guest may operate a non-motorized watercraft in the area between the shoreline and the 75’ buoy as well as in any areas designated as no-wake zones.  The guest operator must have permission and the permit from the property owner and the property owner must be available for verification. 

 SECTION B. WATERCRAFT REGISTRATION

1.        All watercraft operated on Heritage Lake must be the personal property of a member of the Heritage Lake Property Owners’ Association, Inc.

2.        Watercraft registration stickers are the property of the POA and remain as such after the registration fee is paid.

3.        Definitions:

      a.  Watercraft:  Includes all motorized craft and normally non-motorized craft.

      b.  Powercraft:  Any water device with a motor is considered a                               powercraft.  A personal watercraft (Jet Skis, Waverunners, etc.) is            considered a powercraft and shall obey all rules and limits of operation as            listed for powercraft.  For the purpose of registration, snowmobiles shall            be considered a powercraft.

      c.  Non-Motorized Watercraft.  Includes any watercraft powered only by            electric trolling motor or any watercraft that does not fit the definition of a            powercraft.  Iceboats are considered non-motorized watercraft.

      d. Non-Permitted Watercraft.  Houseboats, air boats, under watercraft, any           watercraft with bathroom and/or galley facilities (other than a gas or             charcoal grill) with through the hull drains or holding tanks, unmanned tow powercraft, personalized watercraft as tow powercraft, and powercraft with over the transom exhaust are not permitted.  Absolutely no disposing of port-o-potty contents into the lake.  

4.        All watercraft must be properly registered.

      a.  All registrants shall be required to verify by signature that they                   have received and read a copy of the current Lake Rules, that they           accept full responsibility to comply with same and accept liability           for any damages caused by registrant’s boat (see section F). 

      b.  Only the current annual registration sticker shall be displayed on the             watercraft.  All prior stickers shall be removed or covered by current             year’s sticker.

5.        Procedures for Boat Registration: (At Marina)

      a.  The Property Owner must show a current membership card, driver’s             license, and proof of boat ownership.  All Powercraft owners must             show a certificate of title, state registration card, current excise tax              receipt or the certificate of insurance showing the VIN number in the              property owner’s name.  Non-motorized watercraft registration does not              require proof of ownership.

      b.  Procedure for Titling Watercraft:  Call your local auto license branch,     request an application for title only (not registration) and any special instructions.  After you receive, fill out, and return the application, your title should arrive within three weeks.

      c.  Property owner must pay a registration fee for each watercraft to be                 operated within the development.

      d.  All stickers must be applied to powercraft at the time of registration as            per section B.5.  (Only current sticker may be displayed).  This means all            powercraft must be presented for registration.

      e.  Any one lot may be represented on the Lake at any one time by a                          maximum of two powercrafts.  An additional powercraft may be                        operated by any one lot during non-holiday weekdays only.  These                         permits will be issued at the time of powercraft registration.

      f.  Non-motorized watercraft need not be presented at the time of                     registration.

      g.  When a POA member trades watercraft ownership in the same             year they may transfer the sticker for a fee of $10.00 and the old             watercraft sticker must be turned in at the time of the change. 

6.        a.  A properly registered watercraft must display the annual sticker on both sides of the bow and 3” numbers of contrasting color indicating property owner’s Heritage Lake address also on both sides of the craft near the stern (i.e. Victory Hill, Lot 299—VH299; Mill Springs, Lot 130—MS130).  For personal watercraft, the Heritage Lake address shall be on the front cowling on both sides where it will be clearly visible during normal operation. 

      b.  All boat trailers must display a trailer sticker.  It will be issued at the time            of boat registration.  It is to be placed 12” behind the trailer hitch on the            right side.  NO trailer will be allowed to park on common areas without a       current year trailer sticker.

7.        No watercraft shall display an annual sticker until lot numbers are on the boat.    

8.        Misuse of a watercraft registration sticker includes but is not limited to the placing of a non-motorized sticker on a powercraft or the transfer of a sticker to any other watercraft which will result in the suspension of the watercraft registration and boating privileges for that offender’s property, including any secondary owners, for 30 days and a $250 fine.

9.        It shall be the responsibility of the watercraft owner to remove the Heritage Lake registration sticker if the craft is sold.

  SECTION C. WATERCRAFT AND EQUIPMENT

1.        All watercraft being operated from sunset to sunrise must display adequate lights, as follows:

      a.  Forward (bow) lights:  a fixed, red light for the left (port) side and a fixed,            green light for right (starboard) side.  These lights must be lit when                  watercraft is underway.

      b.  Rear (stern) light: a fixed, bright white light to throw light in a full circle (360            degrees).  This light is intended to be lit hen watercraft is underway, adrift,            or at anchor.  Pontoons may display a light on the forward edge of the              canopy showing 180 degrees forward and a light on the after edge of the            canopy showing 180 degrees astern.

      c.  NOTE:  Operators of small craft without navigational lights must use a            hand lantern or a large flashlight to shine continuously.

 2.        On all powercraft, the motor shall be equipped with a stock factory muffler       and exhaust system that ports below the waterline i.e., outboard motors or    be equipped with a stock factory muffler and exhaust system that channels through the transom as to muffle or suppress the sound of the exhaust and to prevent excessive or unusual noise at all times.  The Board reserves the right to remove powercraft with excessive noise.  The Board reserves the right to determine what is excessive noise.

3.        All watercraft are required to be equipped with at least one easily accessible life preserver, life jacket, or buoyant vest, for each person on board, of a make or type currently approved by the U.S. Coast Guard.  All watercraft 16’ or over must also be equipped with one throwable device.  The throwable device may be a seat cushion.  It is recommended that a line be attached for rescue purposes.

 SECTION D. WATERCRAFT OPERATION

Lake Security is directed to emphasize the strict enforcement of ALL items listed below.  Infractions will be dealt with as per Section M.

1.       The governing Indiana State Laws shall apply in any case not addressed by Heritage Lake Rules.

2.       Upon display of a red flag by Lake Security all traffic within sight must stop immediately until the emergency condition has passed and red flag is lowered.

3.       No person shall operate a watercraft in a reckless or unsafe manner.

4.       No person under the age of sixteen (fifteen if s/he passes a boating skills and seamanship course) may operate a powercraft with a horsepower rating in excess of ten (10) horsepower unless accompanied by a qualified adult eighteen (18) years or older who is on board the powercraft.

5.       On the small fishing ponds, gasoline powered craft are forbidden; small electric trolling motors may be used.

6.       During the period between sunset and sunrise (as officially published) no watercraft shall:

      a.  Operate at a speed greater than idle speed

      b.  Tow any object except a disabled watercraft.

      c.  Create a wake that is disruptive to persons, watercraft or property.

7.   During times of high water, the entire lake will be at idle only as                    determined by POA Manager or Lake Security.

8.   All traffic in excess of idle speed (including both powercraft and            person(s) in tow) shall not operate closer to shore than 100 feet.  Fast moving traffic must remain a reasonable distance from non-motorized, idling, or anchored watercraft.

9.       No watercraft shall circle any other watercraft within 100 feet, except at idle speed.

10.    No watercraft shall follow in the wake of any other watercraft closer than 100 feet or anyone being towed closer than 200 feet. 

11.    No person shall operate any watercraft while under the influence of alcohol or drugs.

      a.  Lake Security is authorized to call the Sheriff Department for assistance   if anyone is suspected to be under the influence of alcohol or drugs.  Operation of a watercraft while under the influence will be considered an appealable violation, and will result in the following penalties and suspensions:

           (1)  Operation of a watercraft while under the influence not involving                    personal injury and/or property damage will result in a fine of $250                    and a suspension of all lake privileges for a period of one month.

           (2)  Operation of a watercraft while under the influence involving personal                     injury and/or property damage will result in a fine of $500 and a                   suspension of all privileges for a period of one month.  Violation of the                   suspension will result in a doubling of the fine and suspension.

12.    No person shall operate any watercraft in a tight circular course except in designated areas.

13.    No person shall operate any watercraft in a designated swimming area.

14.    No watercraft racing.

15.    No person shall operate any powercraft so as to approach or pass another watercraft in such a manner or at such a rate of speed as to create a hazardous wake or wash.

16.    Occupants of all powercraft traveling in excess of idle speed shall be within the passenger areas of the powercraft.  No one shall ride the pontoons, sit over the bow, ride the gunwales, or lie on sundecks with a flush design to the gunwales.

17.    No watercraft shall contain more than the rated safe occupant load of the craft.

18.    When two watercraft are approaching head on or nearly so, each watercraft shall bear to the right.

19.    When two watercraft are approaching each other obliquely or at right angles, the watercraft on the left shall yield the right of way.

20.    A watercraft may overtake and pass another watercraft on either side if space permits and the maneuver can be done safely, but the watercraft overtaken shall have the right of way.

21.    All watercraft outside the 100’ buoy must operate in a counter clockwise  direction, keeping near the right hand (starboard) shore except when picking up a downed skier or tuber.

22.    Non-motorized watercraft (sailboats, rowboats, raft, etc.) have the right of way over powered watercraft.

 SECTION E. ZONES AND REGULATORY MARKERS

1.      Anchoring to, moving, removing, tampering with or damaging any official buoys, markers, slalom course buoys, or any swimming posts, buoys, rope or markers is forbidden.

2.      Idle speed (No wake—No wash) must be maintained within fifty (50) feet of designated swimming buoy lines.

3.      Idle speed (No wake—No wash) must be maintained within 100 feet of all shorelines, in all coves (except Clubhouse Cove), and all other areas designated by buoys.

4.       The buoy placement shall be at the discretion of the Manager and a Buoy Placement Committee appointed by the Board.

5.       The area within 50’ of the spillway and/or spillway tubes is off limits to everyone and everything in or on the water.

 INLAND WATER TRAFFIC SIGNALS

 NOTE:  Special marked buoys are used to indicate danger and controlled areas and to convey information and must be obeyed by all watercraft and swimmers.  

CONTROLLED AREA:

This symbol indicates the regulation that exists

in an area i.e. idle speed.                                       

                                                                 

   INFORMATIONAL:

This symbol will be used to mark information           

i.e. l00’ limit.

BOATS KEEP OUT:

This symbol will be used to mark the limits of           

bathing areas and areas of potential danger                                                                                   

  DANGER:

For shallow areas or obstructions.  When buoy located near shore, DO NOT PASS BETWEEN BUOY AND SHORE.  STAY CLEAR!

                                                

SECTION F. ACCIDENTS AND/OR DAMAGE

1.       The operator and/or owner of a watercraft is responsible for any damage caused by the operation of his/her watercraft or his/her watercraft’s wake or wash.

2.       The operator and/or owner of any watercraft involved in an accident or causing property damage of $200 or more, personal injury, or death must report the incident to Lake Security immediately.

 SECTION G. WATER SKIING

1.       Definitions:  The terms “water skiing,” “water skier,” and “skier” include all persons in tow and include the towing of water sleds, inner-tubes, or similar objects.

2.       No towline shall be longer than 75 feet in length.

3.       Personalized watercraft (Jet Skis, Waverunners and other similar powercraft) are not permitted as tow powercraft.

4.       Water skiing is allowed in designated skiing areas as approved by the Board of Directors.

5.       A minimum of two persons (one operator and one observer) is required in a watercraft towing skiers.  The minimum age of an observer in a watercraft towing a skier shall be six (6) years old.

6.        Anyone being towed by a watercraft shall properly wear a Coast Guard approved life preserver.

7.        Kite skiing, para-sailing and similar activities are not permitted.

8.       Picking up a skier shall always be done parallel to shore, with the closest shoreline to the powercraft’s right, and the powercraft shall continue parallel to the shore until it is safe to turn.

9.      Skiers shall not take off perpendicular to shore or cross the lake at an angle.

10.   Beginning skiers are encouraged to take off at the ends of the lake out of heavy traffic.

11.   All Powercraft towing skiers, inner-tubes, sleds or any other device must prominently display an orange warning flag WHEN, BUT ONLY WHEN THE SKIER IS DOWN.  The minimum size of such flags shall be 16”X16”.  Flags shall be available at the Marina or POA Office.

12.   All powercraft towing a skier(s) shall return to down skier(s) by slowing the powercraft to an idle (no wake—no wash) while maintaining the same course the powercraft was on prior to the time that the skier(s) went down.  After reaching idle speed, the powercraft shall turn and motor directly to the down skier(s).  This also applies to inner-tubes, kneeboards, etc.  When two or more skiers are being towed and one or more skiers fall, all remaining skiers shall return to the area directly behind the boat and cease being towed.  The powercraft shall return in the manner described above.  This also applies to inner-tubes, kneeboards, etc.

13.   Any ski slalom course must be approved by the HLPOA Board of Directors.

14.   All traffic in excess of idle speed (including boat and person(s) in tow) shall not operate closer to shore than 100 feet.

 SECTION H. FISHING

(The following rules apply to the small fishing lake and ponds, as well as to the main Heritage Lake):

1.       Only members and their guests are permitted to fish.

2.       No fishing in the marked swimming/beach areas at any time and not within 50 feet of the marked areas anytime there are swimmers present.

3.        Fishing is permitted throughout the year, and no license is required.

4.        Limitation per person on the quantity and size of fish, is as follows:

      a.  Bluegill:  Daily limit in possession—25 fish per person or 75 fish per            boat daily.

      b.  Channel Catfish—Daily limit in possession—4 fish, minimum 15 inches.

      c. Black & White Crappie—Daily limit in possession—10 fish, minimum           size is 8 inches.

      d.  Largemouth Bass—Daily limit in possession—2 fish between 12               inches and 14 inches and 1 fish, minimum size 22 inches.

      e. Smallmouth Bass—Catch and release only.

       f.  Sunfish/Warmouth– No limit.

      g.  Walleye-Catch and release only.

      h.  White Bass (Silver or Striped Bass)-Daily limit in possession-3 fish            under 17”.  

5.      Lake Security is empowered to check fish in possession for compliance with published rules.  All violations will result in a fine consisting of a flat $50 and an additional $10 per fish in excess of the limit as defined in H.4.  Infractions will also be handled as follows:   

 FIRST VIOLATION:  Will be accompanied by a copy of lake rules.  A fish in possession in excess of the above limits will be released or confiscated.  The fine shall be fifty dollars ($50) and an additional ten dollars ($10) per fish in excess of the limit as defined in H.4.  Property owner will be notified in writing.

SECOND VIOLATION:  Will be accompanied by a copy of lake rules.  All fish in possession will be released or confiscated.  Lake privileges of violating member(s) will be suspended for a period of eight (8) days and the fine shall be fifty dollars ($50) and an additional ten dollars ($10) per fish in excess of the limit as defined in H.4.  Property owner will be notified in writing.

THIRD AND SUBSEQUENT VIOLATIONS:  Will be accompanied by a copy of the lake rules.  All fish in possession will be released or confiscated.  All property owners privileges will be suspended for a period of fifteen (15) days and the fine shall be fifty dollars ($50) and an additional ten dollars ($10) per fish in excess of the limit as defined in H.4.  The property owner will have the right to reinstate their privileges after the fifteen (15) days suspension period by paying the fine and passing a written test on the Heritage Lake Rules.  Property owners will be notified in writing.

6.      Commercial fishing is prohibited.

7.      Placing fish in Heritage Lake for stocking purposes is prohibited without the consent of the Heritage Lake Property Owners’ Association’s, Board of Directors.

8.      The use of leeches, gizzard shad, goldfish, or carp as bait is prohibited.

9.      The use of seines, traps, gigs, firearms, explosives, shocking devices, set lines, arrows, spear guns, or other similar devices is prohibited, except that the use of gigs or bow and arrows for the taking of carp only is permitted.  Netting of gizzard shad is permitted with the approval of the Lake Manager.  

10.   Holes cut in the ice for fishing shall be no larger than eigh