Board Resolution - Basketball Hoops

Community Rules Resolution

Whereas The Royal Creek Homeowners Association Board of Directors is empowered by statutory law [ORS 94.630 (1)(a)], and further supported by the Association documents including the Declaration of Covenants, Conditions and Restrictions [Article 4, Section 4.23] to create rules and regulations regarding certain actions and activities of the association and its members,

Whereas The Royal Creek Homeowners Association Board of Directors finds it necessary to set forth restrictions on certain activities within the association property,

Whereas The Royal Creek Homeowners Association Board of Directors listened to the input from multiple owners at the May 11, 2008 meeting of directors regarding safety and neighborhood appearance concerns and agree that it should discourage placing a temporary and/or semi-permanent basketball hoop (“basketball hoop”) in any location where a child or children may be placed in danger,

Whereas The Royal Creek Homeowners Association Board of Directors is mindful of Eugene City Code 4.830 re streets are reserved for traffic purposes only and Eugene City Code 4.855 re sidewalks are limited to certain uses,

Whereas The Royal Creek Homeowners Association Board of Directors strongly discourages placing basketball hoop in any location where a child or children may be placed in danger

Whereas The Royal Creek Homeowners Association Board of Directors wishes to enhance the livability of all residents within the association,

Now, therefore, be it resolved that the Royal Creek Homeowners Association Board of Directors does adopt the following requirements as to the placement of basketball hoops:

A basketball hoop, shall not be placed in a location where the participants may find themselves using any part of the street during the activity. By way of example only, the basketball hoops shall not be placed on the side walk, parkway strip and/or street but could be placed directly in front of the garage. Further, the resident shall be responsible for maintaining their basketball hoop in good repair.

Be it further resolved that any homeowner or resident placing a basketball hoop does so at his/her/their own peril and hereby agree(s) that, by placing a basketball hoop on his/her/their premises, he/she/they shall defend, indemnify and release any and all claims against Royal Creek Homeowners’ Association and its Directors, past or present, from any and all claims, fees and expenses relating any suit or action brought against Royal Creek Homeowners’ Association and/or its Directors, past or present by the homeowner or any other party arising out of his/her/their placing basketball hoop on his/her/their premises.

The Royal Creek Homeowners Association Board of Directors passed this resolution on this day 18 of June, 2008.