210 OVERNIGHT STAY RULE
R-Ranch POA has previously litigated the validity, reasonableness, and enforceability of its recreational purpose (Siskiyou County Superior Court Case Number 48680, Third D.C.A. Cass Number C020577), and prevailed both in the trial court and in the appellate court in that case. In that case, the Courts held that R-RANCH is a solely recreational community, that residence or domicile on the Ranch constitutes a violation of the Ranch’s governing documents and rules, that a use limitation of 210 overnight stays is reasonable, and that the Board of Directors has the right to enforce the recreational purpose of the ranch by requiring that Owners to vacate the Ranch at the end of 210 overnight stays.
1) RECREATIONAL USE LIMITATION: IN ACCORDANCE WITH THE RECREATIONAL NATURE AND PURPOSE OF THE R-RANCH, EACH OWNER SHALL STAY OVERNIGHT FOR NO GREATER THAN 210 OVERNIGHT STAYS IN ANY ONE CALENDAR YEAR. A CALENDAR YEAR BEGINS JANUARY 1 AND ENDS DECEMBER 31. THIS LIMITATION IS SUBJECT TO THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS:
A) No Owner or associate Owner may remain on the R-Ranch property for overnight stays after either the member or associate memberS HAS ACCUMULATED 210 overnight stays, regardless of the number of shares held by that owner/member.
B) 210 overnight stays are counted as – owner STAYS or as A guest STAY of another owner.
C) Owning multiple shares does not CONSTITUTE multiple membersHIPS or Associate memberSHIPS of the R-Ranch poa and will not extend the maximum number of overnight stays longer than 210 overnights for that owner/MEMBER or associate MEMBER. .
D) nomember/Owner or Associate MEMBER may stay on the R-Ranch property for more than 210 overnight stays. This is AN ACCCUMULATED NUMBER of stays at campsites, in the Bunk House, in line-shacks or as a guest of another owner.
E) The number of overnight stays will be calculated by R-Ranch staff and managers starting from the owners initial arrival in each calendar year until the owner accumulates 210 overnight stays. .
F) it is the owners responsibility to notify the campground manager of any time during the 210 overnight stays that the owner is not at the ranch overnight. Ranch documentation is required by the owner to document nights not at the Ranch. (tHE UNOCCUPIED CAMPSITE OVERNIGHT ABSENCE FORM.)
G) AT THE BEGINNING OF EVERY CALENDAR YEAR, EACH MEMBER SHALL HAVE AVAILABLE TO HIM OR HER, REGARDLESS OF THE NUMBER OF SHARES OWNED, THE FULL 210 OVERNIGHT STAYS FOR THAT CALENDAR YEAR. AT THE END OF EACH CALENDAR YEAR, ANY UNUSED OVERNIGHT STAYS WILL BE FOREFEITED, AND NOT CARRIED OVER INTO THE NEXT YEAR.
H) ONCE AN OWNER HAS ACCRUED 210 OVERNIGHT STAYS IN ONE CALENDAR YEAR, THE OWNER MAY USE THE RANCH FOR “DAY USE” ONLY FOR THE BALANCE OF THE CALENDAR YEAR. AS USED IN THIS SECTION, “DAY USE” SHALL MEAN USE OF THE RANCH FROM 6 A.M.TO 11 P.M. THIS USE LIMITATION SHALL APPLY REGARDLESS OF THE NUMBER OF SHARES OWNED BY THE OWNER.
I) OVERNIGHT STAYS SHALL BE COUNTED FROM THE TIME OF CHECK IN TO THE TIME OF CHECK OUT EXCEPT FROM MEMORIAL DAY TO LABOR DAY OVERNIGHT STAYS SHALL BE COUNTED BY OCCUPANCY OF A CAMPSITE, BUNKHOUSE, OR ANYWHARE ELSE ON THE RANACH WHETHER AN OWNER IS THERE OR NOT. THIS WILL APPLY TO ALL OWNERS, ASSOCIATE OWNERS, GUEST, AND ANYONE ELSE ON DEED OF A SHARE.
J) THIS PARAGRAPH AND ITS SUB-PARAGRAPHS SHALL TAKE EFFECT ON MAY28th, 2013.