18Mar04

RULES AND REGULATIONS GOVERNING

DREAMS LANDING CONDOMINIUM MARINA

 

                        Dreams Landing Condominium Marina (the “Marina”) is under the instruction of Dreams Landing Condominium Council of Owners acting through its Board of Directors, the Marina Committee, or any other agent designated by the Board of Directors to enforce these rules and regulations.

 

SECTION A. OCCUPANCY PERMITS

 

1. No boat shall tie up or use the Marina facilities unless a slip occupancy permit has been granted by the Marina Committee.

 

2. Slip occupancy permits shall be issued by the Marina Committee on the following conditions:

 

                        (a) Occupancy permits shall be issued to the extent that slips are available in the Marina on a “first come, first served” basis.

 

                        (b) Occupancy permit applications will be accepted only from residents of Dreams Landing Condominium.

 

                        (c) Applications for occupancy permits can be made at any time.  However, there shall be a beginning of the year application procedure to insure that the condominium has current information on all boats in the Marina.  Said procedure shall be as follows:

 

                                    (1) Application for slip occupancy permits will be mailed or delivered to every Slip License Holder  no later than February 1ST.

 

                                    (2) All occupancy permit applications must be returned to the Marina Committee no later than March 15TH.

 

                                    (3) Slip occupancy permits will be issued by the Marina Committee by April 1st, and such permits shall be effective for a one year period ending March 31ST of the following year.

 

                                    (4) All slip occupancy permits, regardless of date of issue, shall expire on  March 31ST of each year.

 

                                    (5) All slip license fees and slip occupancy fees will be subject to the Dreams Landing Condominium recorded collection procedures.

                        (d) No slip occupancy permit shall be issued by the Marina Committee until such time as all outstanding assessments, including late payment charges, required to be paid under the slip occupancy agreement[1] for said slip have been paid in full.

 

                        (e) Occupancy permit applications must be accompanied by evidence showing that the applicant owns at least fifty percent (50%) of the boat for which an occupancy permit is being sought and that said boat is covered by adequate public liability and property damage insurance. Said evidence shall consist of the Title to the vessel and valid current registration upon initial Slip Occupancy application and valid current registration for subsequent years of continuous Slip Occupancy registration. All occupancy permit applicants shall acknowledge in writing that they have read the rules and regulations and agree to abide by them.

 

                        (f) No occupancy permit shall be issued to a boat which is used for commercial fishing, crabbing, dredging, tonging, chartering or any other commercial venture; provided, however, a slip occupant may charter his boat to a resident or tenant residing in Dreams Landing.

 

                        (g) Slip occupancy permits will be issued orally by the Marina Committee for overnight guests of Dreams Landing Slip License Holders.

 

SECTION B. REVOCATION OF SLIP OCCUPANCY PERMITS

 

            1. Slip occupancy permits shall terminate immediately upon the following events:

 

                        (a) Failure to renew the slip occupancy permit.

                        (b) Sale of the permit holder’s condominium unit.

                        (c) Upon request of the holder provided that a new slip occupant can be found who meets the requirements of these rules and regulations.

                        (d) Careless and reckless operation of a boat within the Marina and/or the careless and reckless disregard for the safety of others.

 

            2. The Marina Committee and/or Board of Directors of the Condominium reserve the right to cancel any slip occupancy permit on ten (10) days written notice for any of the following causes:

                        (a) Intoxication or excessive profanity on the part of any slip occupancy permit holder, his family, guests or agents.

                        (b) Any act or acts which might cause undue embarrassment or interfere with the pleasure and family comfort of slip occupants and/or unit owners or tenants.

                        (c) Failure to pay assessments when levied.

                        (d) Misrepresentation of boat ownership by the holder of any slip occupant permit.

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                        (e) Littering

                       

                        (f) Failure of the slip occupancy permit holder, his family, guests, or agents to abide by the rules and regulations of the Marina.

 

 

 

SECTION C. SLIP DESIGNATION

 

            1. Slips will be assigned by the Marina Committee for the best possible utilization of slip space taking into consideration the length, beam and draft of all boats.

 

            2. The holder of a slip occupancy permit shall have the exclusive use of his assigned slip at all times when his boat is in the Marina; provided, however, the Marina Committee reserves the right to reassign any boat to a different slip upon seven (7) days written notice to the holder of the slip occupancy permit if such reassignment is necessary to better utilize the slip space within the Marina.

 

            3. All boats shall be securely moored in their slips in a manner acceptable to the Marina Committee.  Repeated failures to properly moor a boat, or repeated failure to properly fender a boat from doing damage to the Marina facilities or other boats, shall be cause for cancellation of the slip occupancy permit.

 

            4. The Marina Committee shall have the right to inspect, or cause the inspection of all boats in the Marina to determine their seaworthiness and adherence to all applicable laws.  In the event that a boat is determined to be unseaworthy or in non-compliance with the applicable law, the boat shall be removed from the Marina unless corrective action is taken by the holder of the slip occupancy permit within ten (10) days after being notified of such deficiencies.

 

            5. No changes or alterations shall be made to the mooring space or slip by any individual without written consent from the Marina Committee.

 

            6. Boat lifts may be installed by slip holders at such locations shall be approved or determined by the Marina Committee, in its sole and absolute discretion.  Installation of any approved boat lift shall not involve any modification to the existing pier system at the Marina.  The location and operation of any boat lift so approved shall be confined within on single slip.  Once a slip holder has validly installed such a boat lift at a slip, the Marina Committee shall be privileged to reassign that slip to another holder only if it has important cause to do so.  In the event that a slip holder shall have or maintain a boat lift and in the further event that that slip holder shall either cease to be a resident of Dreams Landing Condominium without having transferred his slip to another resident or have his slip occupancy agreement terminated for any other reason, the slip holder shall promptly arrange for the removal of the boat lift at his expense upon receipt of notice to do so from the Condominium’s Board of Directors.

 

            7.  Dinghies will either be stored upon the boat, moored in the Slip Occupancy permit holder’s slip, or stored on the dinghy rack upon proper registration with the Dreams Landing Condominium. If said dinghy is moored in the slip occupant’s slip, the dinghy must be moored in such a fashion so as not to swing into other moored boats or in the right of way or turning basin.  In the interest of safety and access, dinghies will not be placed or stored upon the pier or finger piers

            8. No person shall store supplies, materials, accessories, or debris upon any walkway or dock, nor shall he construct thereon any lockers, chests, cabinets, steps, ramps or other structures except with the express written consent of the Board of Directors.  No gasoline tanks of any size may be stored on the docks or within the confines of the Marina, except aboard the boats or in dock boxes.  Dock boxes are assigned to each slip and the Slip Occupancy Permit Holder shall have the exclusive use of same.  Slip Occupancy Permit holders will allow access to dock boxes by the Marina Committee as requested.

 

            9. The Marina Committee, at its discretion, may permit more than one boat to occupy a slip.

            10. The Marina Committee reserves the right to board and/or move any boat berthed in the Marina in the event it deems such action necessary for the safety and/or orderly operation of the Marina.

 

            11. The holder of a slip occupancy permit shall immediately notify the Marina Committee upon the transfer of ownership of its vessel, and such boat shall be removed form the slip within five (5) days after sale.

 

SECTION D. GENERAL RESTRICTIONS

 

            1. There shall be no pumping of heads and/or bilges containing oil or any other polluting substances into the Marina.

 

            2. Parents shall be held strictly liable for the safety and conduct of their children while in the Marina area and no child under the age of twelve shall be permitted in the Marina area on the docks, piers or slips unless accompanied and supervised by an adult.

 

            3. No person shall be permitted on the Marina premises unless accompanied by a unit or resident owner or a member of his immediate family or have in their possession written permission from such a resident or Slip License Holder.

 

            4. Recreational use of the piers is limited to Slip License Holders.

 

            5. No advertising or soliciting or “for sale” signs will be permitted on any boat in the Marina.

            6. No person, not a resident of Dreams Landing, shall be permitted to remain overnight aboard any boat moored in the Marina without prior written permission of the Marina Committee or the Board of Directors.

 

            7. No devices of any type for preventing ice buildup within the Marina slip shall be installed or used without the prior written consent of the Marina Committee.  In applying for the use of such mechanism, the holder of the slip occupancy permit shall state the method of installation together with the electrical service required

 

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            8. No barbecuing or cooking over open flame of any kind shall be permitted on the piers or docks of the Marina or aboard any boat while docked at the Marina

 

            9. Power cords extending from slip electric service boxes to vessels or boat lifts will be of 30 amp. size and safety yellow in color.  All piers and finger pier walkways will be kept clear of such power cords.

SECTION E. LIABILITY

 

            1. The Condominium Council of Owners, and its agents, shall not be responsible for any losses of or damage to any boat in the Marina.  Each boat owner shall be responsible for damages to the Marina, other boats within the Marina or any other person as a result of his negligent acts or omissions.

                       

            2. Any boat which sinks, capsizes, or otherwise becomes unseaworthy shall be promptly removed from the Marina by the boat owner.  If such removal is not effectuated within two (2) days, the Condominium Board of Directors shall have the right to remove or cause the removal of said boat at the owners expense, in accordance with the Dreams Landing Slip License Agreement.

 

SECTION F.  LIST OF SLIP LICENSE HOLDERS DESIRING TO RENT OR SELL THEIR SLIP

 

            The Marina Committee shall maintain a list containing the names and addresses of  Slip License Holders who desire to sell or rent their slip.

 

SECTION G.  PARKING

 

            Residents of Dreams Landing, their families and guests shall use the existing parking facilities in the vicinity of the resident’s unit.  All person, when engaged in utilizing the Marina’s facilities, shall utilize the pool parking lot for loading and unloading only.

 

SECTION H.  RULES AND REGULATIONS

 

            These rules and regulations may be amended by the Condominium’s Board of Directors in accordance with applicable law.  Any proposed amendment shall be sent to all unit owners.  Within fifteen (15) days after said proposed amendments are mailed, the unit owner shall have the right to mail written comments to the Board of Directors regarding such proposed amendments.  The Board of Directors shall mail to all Condominium unit owners a copy of all rules and regulations so amended.  Such regulations shall be effective five (5) days after the date the same are mailed to the unit owners.

 

 

 

 

 

SECTION I.  MARINA COMMITTEE

 

            The membership of the Marina Committee shall be determined by annual election in accordance with such procedures as the Board of Directors shall prescribe.  Only holders of Slip Licenses shall serve on the Marina Committee and be privileged to vote in such elections; and, in any such election, the holders of such agreements shall be entitled to cast one vote per Marina Committee vacancy for each such agreement to which they are parties.  Cumulative voting shall not be allowed with respect to such elections.

 

SECTION J.  APPEAL

 

            Any unit owner or any tenant of a unit owner in the Dreams Landing Condominium may appeal any decision of the Marina Committee within fifteen days after said decision has been rendered.  Such appeal shall be made in writing to the Board of Directors of Dreams Landing Condominium and the decision of the majority of the Board of Directors shall be binding on all parties.  The Board of Directors shall render their decision within thirty (30) days after the appeal has been filed.

           

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

as adopted by BOD 12-2002


            [1] As used in these Rules and Regulations, the term “slip occupancy agreement” shall mean and refer to both Dreams Landing Marina Slip License Agreements heretofore made by the Dreams Landing Condominium Council of Owners and slip lease or license agreements in such form as shall hereafter be prescribed by the Dreams Landing Condominium Board of Directors.