BOAT DOCK & MOORING REGULATIONS VILLA DE CHARLEVOIX ASSOCIATION (Revised and passed by Villa Board )

Transcription

1 BOAT DOCK & MOORING REGULATIONS VILLA DE CHARLEVOIX ASSOCIATION (Revised and passed by Villa Board ) ORGANIZATION Boat docks & moorings at the waterfront of Villa de Charlevoix common properties exist under the direct authority of the Board of Directors of the Villa de Charlevoix Association. All rules and regulations regarding the docks/moorings are passed by the Villa Board, and the Board has full responsibility for implementing, interpreting and enforcing said rules. Dock & Beach Committee members, including the chairperson, are appointed by the Board at a Board meeting where a quorum is present. The Dock & Beach Committee is a standing committee of the Association. Committee appointments are three-year terms. It is the responsibility of the Dock & Beach Committee to follow the rules as written, and to implement the dock and beach program as directed by the Board. The committee will meet at least three times each year: (1) Prior to dock installation to plan for location of docks, to consider water depth, to evaluate mooring locations, and to add members to open spaces, etc; (2) Early summer for on-going evaluation; (3)Fall at dock removal, to evaluate and plan for the coming year. VILLA DOCK & MOORING RULES AND REGULATIONS 1. Docker and mooring fees, which will be established annually by the Villa Board, shall be limited to not more than the annual cost of maintenance and replacement of, and additions to, the docks and moorings, plus ten percent. Dockers and mooring fees shall be paid only by those owners who have been assigned a dock or mooring. Expenses associated with the Association s launch ramp and swim dock shall be the responsibility of the Association. 2. Seniority is the rule for priorities on the dock & moorings. Members are placed in slip/mooring locations based on highest seniority first, and members on the wait list are added to the dock/moorings when openings occur with the most senior wait list member being added first. Dockers/moorers are placed in spaces by calling the most senior member first and the least senior member last. Members chose their space based on what spaces are open when they are called. If dock/mooring spaces are reduced for any reason, the least senior docker/moorer will be removed first in reverse order. 3. A dock/moor member must be a property owner in the Villa, and the boat must be registered to that member or spouse. Only the dock/moor member s boat may be placed on that hoist or mooring. A property owned by a trust shall consider the principle/original trustee and spouse as the property owner for this rule. No renter is allowed to use a boat on the Villa docks or moorings. 4. Only one dock space is allowed per household. A household shall be defined as a voting unit for Villa elections. That is, common multi property owners of multi lots vote and pay dues as a unit and are entitled to a single dock spot. 5. No sharing of docks or moorings is permitted unless with the approval of the Dock Committee and the Villa Board, and only with the use of the seniority system from the wait list. A written agreement will be required that is signed by the sharing parties and the Board. 6. All hoists/mooring must have a boat registered and used on that hoist/mooring only for a minimum of four weeks, and boat must be on the hoist or mooring no later than the first Sunday in July. Usage is defined as a minimum of ten days. 7. All hoists must have the owner s name visible near the winch. 8. Hoist will have an extra charge for installation and removal if they exceed standard size and weight as determined by dock installer and Dock Committee Chairman. 9. Dock boat size is limited to 27 feet length and 9 feet beam. 10. Beginning with the 2005 boating season, once a member is assigned a dock or mooring space, it will remain her/his position until a request to move is filed in writing on the annual registration form, they withdraw, fail to pay dock/mooring fee by due date, March 1, fail to pay Villa dues/late fee by April 1 of current year, or sell or transfer all of their Villa property. If hoists are already in place when a new docker is assigned, the new docker will go in the open space for that season only. 11. Only the Villa Dock and Beach Committee, under the auspices of the Villa Board, may alter the boat dock or mooring configuration.

2 12. Boat docks and hoists are paid for by Villa dock members, and are for their use only. 13. All hoists must have adjustable 3-foot extension legs, wheel brackets allowing easy movement on land and should rest on a 2 foot by 2 foot pad beneath each leg to minimize sinking into clay bottom. 14. Hoist maintenance is the owner s responsibility. Hoists must be in good repair and free of rust, neat appearing and properly working. Hoists in disrepair will not be placed. 15. Hoists must be ready for installation by May 1. Boats must be off the hoists or mooring by October 1. Hoists not ready for installation will be placed by owner at their expense. 16. Extension cords must be #12 gauge wire and be removed after each use for safety. 17. Dock and Beach Committee must be notified before May 1 if a hoist is wider than 10 ½ feet. 18. Dock/Mooring applications must be completed thoroughly and accurately each year, and previous year s application will not be used. Incomplete applications will not be assigned a dock space. 19. Dock/Mooring Wait List applications are available from the Board Secretary or Dock and Beach chair. A one-time $20 non-refundable wait list fee is required. 20. It is not the responsibility of the Villa to accommodate dock lifts that do not operate adequately in low water. Members need to consider their dock location and water levels when they purchase lifts. 21. Dockers/Moorers going off the dock will be refunded the $1400 initiation fee minus $70 for each year on the docks, down to a minimum of $700. New policy begins in New dockers will continue to pay $1400 fee. 22. Only original assignee and spouse have dock/mooring rights. Dock/Mooring rights cannot be passed on to children. 23. With the dock/mooring application, the docker/moorer will submit current state registration and proof of insurance for the boat, including motorized dinghies. 24. Violation of any of the above dock rules may result in loss of dock privileges as determined by the Villa Board (See Enforcement of Rule section for details.). 25. Vessels left on lift after October 1 removal date will be subject to a $100 fine. Fines may be waived by Dock and Beach Committee for extreme weather conditions which prevent movement of vessel. VILLA MOORING RULES AND REGULATIONS 1. Mooring regulations will be consistent with the Boat Dock Regulations. 2. Total number of moorings shall be limited to Funding: a. Mooring fee rates may be less than or identical to existing dock fee structure. b. Mooring inspection/maintenance cost will be covered from mooring fund identical to existing dock maintenance fee structure. 4. Moorings will remain the property of and be inspected at a frequency of 5-7 years by the Villa. 5. Moored boats are limited to non beachable, self bailing, displacement type vessels and limited from 26 to 32 foot lengths with a nominal displacement from 5,000 to 12,500 pounds. Mooring #2 (Wilson mooring) shall be permitted to accommodate 26 to 36 foot vessels. 6. Boat owner is responsible for providing certified dual mooring pennant connected to the bow mooring cleats and assumes all liability responsibilities and risks. 7. Availability for mooring usage shall be determined by mooring wait list process which will be separate from fixed dock list but follow existing fixed dock wait list process. 8. Members using fixed dock system shall have lowest priority for mooring usage but may have non-reoccurring usage rights to mooring when available. (That is, will not have guaranteed usage in following year.) 9. Violation of any of the above mooring rules may result in loss of mooring privileges as determined by the Villa Board (See Enforcement of Rule section for details.). 10. Vessels left on mooring after October 1 removal date will be subject to a $100 fine. Fines may be waived by Dock and Beach Committee for extreme weather conditions which prevent movement of vessel.

3 VILA BOAT/MOORING WAIT LIST RULES 1. Members will be placed on the wait list by seniority system, and the date the wait list fee is received will determining wait list priority. Envelope postmark is tie-breaker. 2. Only one member/spouse per household/voting unit may be on the wait list as defined above. 3. If member refuses to accept the offer of space on the dock/mooring, his/her name is placed at the bottom of the wait list and the next member on the list is offered the space. 4. Boat Dock/Mooring Lists will be updated regularly and posted in the bath house bulletin board along with Dock and Beach Committee member names, phone numbers and addresses. ENFORCEMENT OF RULES: Upon recommendation of the Dock and Beach Committee, the Villa Board may apply the follow actions for violation of the VILLA MOORING RULES AND REGULATIONS. Violator may appear before the Board to explain why the enforcement actions should not be taken. All Board enforcement actions shall be communicated to the violator in writing. First violation a warning shall be given with no action taken beyond a notation of the violation in minutes. Second violation Docker/moorer may lose seniority rights and be assigned lowest seniority spot available. Third violation Docker/moorer may be removed from dock/mooring. LAUNCH AND BEACH RULES: 1. Fishing and swimming from boat docks is prohibited. Anyone not assigned a dock space may not load or unload passengers at Villa docks except launch dock. 2. No anchoring or mooring is permitted that could block launch ramp. 3. No boat may be left unattended at launch area. 4. No trailer or boat may be stored at launch area, and all trailers must be attached to a vehicle. 5. Watercraft left on the beach is required to have an annual Villa sticker (number and letter) attached on the starboard bow of the vessel. Each Villa family is limited to two vessels on-the-beach. 6. Vessels left on beach after October 1 removal date will be subject to a $50 fine. 7. Any vessel left at the launch dock will be subject to $100 fine. 8. Fines may be waived by the Dock and Beach Committee for extreme weather conditions which prevent movement of vessel.

4 DOCK EXTENSION and HOIST ALTERATION RULES Approved If a docker considers any changes or alteration to dock extension or hoist the following protocol must be followed. 1. Any change or alteration must be approved by the Dock Committee. 2. A written request must be submitted before the installation of modification to docks or hoist. The request must be made before the upcoming boating year/season. 3. A docker must have a valid reason for their changes or alteration. The definition of a change or alteration to a dock extension or hoist includes: Adding any apparatus or reconfiguring a hoist from its original state Altering the length of the finger dock for personal benefit or medical reasons For example, the following two modifications have been approved: 1. Addition of a handicap extension dock finger for medical reasons a. Dock extension shall not exceed 48 length, have nominal 82 legs & match existing dock surface/structure design/appearance b. End of extension shall have at least one auger post (nominal 12 ) c. Dock Installation/Removal will be performed by Dock Committee approved contractor d. Part Purchase/ Storage of dock equipment is owner s responsibility 2. Addition of a clamp-on auger post to end of dock finger for boat launch stability (sailboat center board full up) a. Clamp on technique must not alter dock sub structure as dock pieces are interchangeable b. Auger post will match existing dock structure design/appearance c. Dock Installation/Removal will be performed by Dock Committee approved contractor d. Part Purchase/Storage of dock equipment is owner s responsibility BOAT DOCK & MOORING REGULATIONS APPENDIX It is the Villa de Charlevoix Association s goal to allow as many different members as possible access to the Villa docks. It is with this thought in mind that the following questions and responses have been documented. It is intended to provide additional insight into a number of possible miss-interpretations as to the Rule s intent without having to draft a rule for every possible situation. It goes without saying that fairness and equality is our guiding purpose. It is the Dock & Beach Committee s intent to expand this appendix as appropriate. Joint Ownership: 1. How many joint owners of property should be able to be on the dock wait list at one time? Ex: 3 people are on the deed as joint owners. Can all three be on the wait list? Why or why not?

5 One - Only one dock space is allowed per household. A household shall be defined as a voting unit for Villa elections. That is, common multi property owners of multi lots vote and pay dues as a unit and are entitled to a single dock spot. 2. If joint ownership, is it important whether a lot is buildable? Ex: A lot may not perk, or might not have enough room for set-backs. Ex: two or more lots may have buildings situated so as not to allow more buildings. No - Only one dock space is allowed per household. A household shall be defined as a voting unit for Villa elections. That is, common multi property owners of multi lots vote and pay dues as a unit and are entitled to a single dock spot. 3. If a joint ownership exists on a single lot, and a dock is already assigned to a member owning that lot, can another member who is a joint owner be on the wait list? No - Only one dock space is allowed per household. A household shall be defined as a voting unit for Villa elections. That is, common multi property owners of multi lots vote and pay dues as a unit and are entitled to a single dock spot. 4. Should all members of jointly-owned property be listed on the dock space that is allocated, and should all members of jointly-owned properties be listed on the wait list for that property? No, only the primary owner/spouse shall be listed. In cases of non spousal relationships, the original first name listed on the tax roles shall be used to identify the primary owner. 5. If a household of multiple lots already has a dock assigned to it, can a joint owner of those multiple lots be on the wait list for another dock? Trusts: No, only the primary owner/spouse shall be listed. In cases of non spousal relationships, the original first name listed on the tax roles shall be used to identify the primary owner. 6. How does a trust influence whether someone is eligible for the wait list? Spouse: A property owned by a trust shall consider the principle/original trustee and spouse as the property owner for this rule. 7. Should the spouse of a member who has a dock assigned to him have all of the same dock rights as the member whose name is on the dock? Ex: If a member who has a dock space dies, does the spouse automatically become assigned to that dock? Access: Yes 8. Which family members should have full access to use a boat on the dock, whether or not the member whose name is on the dock is present in the boat? Primary owners may allow others to use their vessels at owner s risk.

6 9. Should joint owners of a property have equal access to the boat/dock that is assigned to a member, whether or not the joint owner is a family member? Health: Primary owners may allow others to use their vessels at owner s risk. 10. Does the physical condition of a docker have any bearing on a member s right to remain on the dock? Ex: If a docker becomes disabled, may they keep their dock for family members as long as they are alive? Dockers should be sensitive to meeting the minimum ten days usage rule and length of Wait List. DOCK SHARING AND ESCROW GUIDELINES Seniority determines placement on the dock The purpose of this escrow program is to make maximum use of the Villa docks. A. ESCROW A docker may request to place his Villa dock space in escrow for 1-5 years if he believes that he will not be able to use it during that time. At the end of escrow, the docker will be allowed to return without loss of seniority. The docker coming out of escrow will be placed on the request to move list and ranked based on his dock seniority. The space that the docker vacated through escrow will be offered to dockers who make a written request to move on the docks, based on their dock seniority. The docker s lift may not be left on the waterfront and must be stored elsewhere. The docker requesting escrow must apply to the Villa Dock Chair by April 1. Return from escrow can be either First Available (Long Term) or at the Start of Next Season (1year). In either case, application must be made to the Villa Dock Chair prior to January 1 of the year returning. 1. If First Available (Long Term) is chosen, the docker will be able to return ONLY if there is a dock space available. No docker will be required to leave the dock to make room for the docker returning. The docker choosing this escrow option will receive his discounted $1400 initiation fee, and would pay that amount upon his return. Note: You must have a dock space for a minimum of one year before you qualify for Escrow. 2. If Start of Next Season (1 year) is chosen, the discounted $1400 initiation fee will remain with the Villa Board and continue to be discounted. The new person assigned that space will be on a temporary basis, but would move to permanent status if another slip becomes available. When assigned permanent status, this docker will be charge the $1400 fee. A docker may use this option one time only. Note: If a prospective docker on the Wait List is offered a slip temporarily for one year, he may decline that space with no penalty, and he will keep his seniority on the list. B. SHARING If a docker can use his slip for less than four weeks, or wishes to share his slip for part of the season with the highest-ranking member on the wait list, sharing is an option and will not affect the dock seniority of the docker. If a docker is willing to share his lift, a written agreement will be drawn up between the parties involved and approved by the Board. Costs to the permanent docker will be limited to the regular docker fee, and any additional costs will be borne by the new docker. The Villa Board or dock committee is not responsible for any damages that occur as a result of the sharing process. If a docker is not willing to allow use of his lift, the new docker will be responsible for any additional costs. A written agreement between the two parties outlining dates and conditions and approved by the Board will be required. SEL12/16