Boat Pier Rules - Lake Geneva Manor Association

LAKE GENEVA MANOR ASSOCIATION
BOAT PIER COMMITTEE POLICY AND PRACTICES
(Revised February 7, 2006)

1. DEFINITIONS:

For purposes of these rules the following definitions shall apply:

"Boat space(s)" shall mean any ramp, buoy, slip, or space for a boat, canoe, wave runner or other watercraft, whether powered by motor, wind or otherwise, located on the shore or in the riparian zone of the Manor Park.

"Eligible member" shall mean any person or partnership that meets the requirements set down in the rules to apply for and occupy a boat space.

"Boat owner" shall mean a person or partnership who is occupying a boat space.

2. ADMINISTRATION:

The LAKE GENEVA MANOR boat pier shall be administered by a committee of boat owners appointed annually by a majority of the Board of Directors. The Chairman of the Boat Pier Committee shall be a boat owner and elected member of the Board of Directors. The committee shall recommend policy, set and collect rents, assign boat spaces, oversee the maintenance and replacement of the facilities, maintain and administer any waiting lists, and assume other duties related to the pier, ramps and buoys as may be required from time to time.

3. PURPOSE OF THE BOAT PIER:

The boat pier is intended to provide mooring facilities for resident members of the LAKE GENEVA MANOR ASSOCIATION who do not have frontage on Geneva Lake.

Except as may be otherwise specified in these rules, the boat pier is for the mooring of the boats assigned to the pier and activities incidental thereto. Any other use of the pier is prohibited unless approved by the Boat Pier Committee.

Circumstances not specifically covered by these Boat Pier Committee Policy and Practices shall be referred to the Boat Pier Committee for adjudication and a determination of policy.

4. ASSIGNMENT OF SLIPS, RAMPS AND BUOYS:

The Boat Pier Committee shall request from last year's boat owners, prior to the start of the boating season, an indication of their boating plans for the coming season. At that time they will also be informed of the rent that has been set for the year.

Boat owners who held a slip, ramp or buoy the previous year and wish to renew their application for another year will be required to submit a new application along with the full rent by a date specified in the letter. Failure to tender the application and rent by the specified time shall constitute a surrender of the boat owner's continuing use of his/her space and the Boat Pier Committee will be free to assign it to someone else.

As an alternative, boat owners who already hold a slip, buoy or ramp and wish to avoid the possibility of missing the deadline, may, at any time prior to the deadline submit their application to the Boat Pier Committee along with an amount equal to the previous year's rent.

After all applications have been received the Boat Pier Committee as soon as practicable will assign the slips, ramps and buoys for the coming season.

In making the assignments every effort will be made to assign boat owners the space they had the previous season or to move them to another space if they have so requested. Boats may be reassigned from a slip to a buoy or from a buoy to a slip (based on the waiting list), but not from a ramp to a slip or buoy or from a slip or buoy to a ramp.

When assigning spaces the Boat Pier Committee shall consider the suitability of a specific boat and the space to be assigned. (The slips vary in width from 9 feet to 12 feet and some slips are closer to shore than others. Also some boats are less maneuverable than others. All these factors plus others which may be unique to a specific circumstance may be considered by the Boat Pier Committee when making space assignments.)

Once all spaces have been assigned to eligible holders of spaces the previous year, any remaining spaces will be assigned to association members who did not have a space the previous year. The remaining spaces (slips, ramps or buoys) shall be offered to members whose names have been placed on a Waiting List, starting with the person who has been on the list the longest period of time.

Separate Waiting Lists shall be maintained, one for ramps and one for slips and buoys. A member may simultaneously be placed on both Waiting Lists, and may simultaneously hold both a ramp and a slip or buoy.

If, while on the Waiting List, an applicant is offered a buoy or slip which is inadequate to his/her needs the applicant may decline the offer and remain on the Waiting List in the same position. The person next in line would then be offered the same buoy or slip.

NO ONE MAY BE ASSIGNED MORE THAN ONE SPACE UNLESS THERE ARE MORE SPACES AVAILABLE THAN APPLICANTS. EXCEPT THAT A MEMBER MAY SIMULTANEOUSLY BE ASSIGNED BOTH A SPACE ON A RAMP AND A SPACE ON A SLIP OR BUOY.

An eligible member may be placed on a Waiting List by;

1) Making a written request, CERTIFIED LETTER, to the Boat Pier Committee Chairman.

OR

2) By E-Mail from the "Contact Us" section of the website,
www.Lake GenevaManorAssociation.com
to the Boat Pier Committee Chairman AND the Association Secretary.

Names shall be placed on the list in the order received (Signed for if by Certified Letter or date & time sent if by E-Mail). Any member shall be entitled to inspect the Waiting Lists and assignments upon reasonable notice to the Chairman or by visiting the aforementioned website. Members are encouraged to check the Waiting List to insure that their name has been correctly placed on the Waiting Lists. Requests to be moved up on the Waiting List based on oral assurances will not be accepted.

5. ELIGIBILITY TO APPLY:

An applicant for a boat space must meet and continue to meet the following qualifications:

6. PARTNERSHIP:

If a partnership is formed to use a boat space all members of the partnership must be eligible to apply for a boat space in their own right and must be on the Waiting List if there is one. In applying these rules the partnership will be treated as one individual.

IF a partnership is formed among members on the Waiting List will assume the position on the Waiting List of the most senior member. After the partnership is assigned a boat space the names of the junior partners will remain on the Waiting List and will continue to move up as spaces become available. When they reach the top of the List and are offered a space they may accept the assignment or decline it and remain in the partnership.

If one or more of the partners become ineligible to hold a boat space and the remaining partners) are eligible to hold a boat space by virtue of their progress up the Waiting List the remaining partner(s) may retain the rights of the partnership to occupy the boat space assigned the partnership.

If none of the remaining partners have moved up the Waiting List enough to be eligible to occupy the boat space of the partnership in their own right the partner(s) must immediately surrender the boat space to the next person on the Waiting List until one of the partners becomes eligible by moving up the Waiting List.

If a partnership terminates all the partners will revert to their positions on the Waiting List. The most senior partner on the Waiting List may retain the use of the partnership's boat space. Any partners who reached the top of the Waiting List in the past and declined their own space will be returned to their positions, in order, at the top of the Waiting List until other spaces become available.

In the case of any partnership, which existed prior to the adoption of these rules, if the partnership dissolves, one partner may retain rights to the boat space and the other partners will be placed at the top of the Waiting List. Which partner will retain the boat space and the order of the others on the Waiting List will be decided by mutual agreement of the partners, or, absent such an agreement, by drawing lots.

7. ELIGIBLE BOATS:

A boat assigned a boat space must meet the following conditions:

a. The boat must be suitable for the space assigned. Boats that are too long, wide, or heavy or, in the judgment of the Boat Pier Committee, may otherwise pose a hazard to the pier, other boats or persons may be denied a space.

b. No boat whose engine exhaust is discharged directly into the air or is otherwise capable of violating legally established noise limits may use the pier. (Boats considered "antiques" may be exempted from this rule by the Boat Pier Committee.

c. The boat must be owned by the resident boat owner. If a boat is owned in a joint venture, partnership, or other similar arrangement, all owners must be eligible to apply for a boat space and be on the Waiting List. Proof of Registration will be required at the time of-each annual application.

d. Boats may not be rented for a fee, nor shall any commercial use be made of boats kept at the LAKE GENEVA MANOR pier.

e. The use of boats shall be primarily by the boat owner, his or her family, and occasional guests.

8. MODIFICATIONS TO PIER SLIPS OR RAMPS:

No modifications or additions to the pier or ramps may be made without approval of the Boat Pier Committee. Materials used must be designed for the purpose used: (i.e.: bumpers must be specifically designed as boat fenders, no tires, carpet, etc. may be used).

9. BOAT LIFTS:

The following definitions and rules apply to all occupants of boat slips who desire to purchase and install a boat lift:

a. Definitions

Boat Lift - Boat lifts are mechanical devises that support the boat and raise the boat from below (not electric driven hoists or other devises that raise the boat from above the water with a winch system). Boat lifts are to be manually operated or with a motor device, approved by the Boat Pier Committee.

Costs - Any and all charge incurred by the Manor Association in installing, removing, maintaining and storing of boat lift and related facilities including any pier repairs that are necessary as the result of boat lift(s).

b. Rules

No lift shall be installed without prior written approval of the Boat Pier Committee. Written approval is not needed to install the exact same lift and associated equipment in the same slip as in subsequent years.

Any boat pier renters desiring to purchase or otherwise acquire a new boat lift, must also have said new boat lift approved in writing by the Boat Pier Committee prior to installation.

Boat slip occupants will be responsible for all costs associated with: annual installation of their boat lift, removal of their boat lift, off-site storage of their boat lift, maintenance, repairs, and other costs including, but not limited to, additional pier repairs, additional insurance premiums (if any), etc.

All additional costs will be paid by the boat slip occupant as part of the annual boat slip fee and will be assessed to each boat lift owner on an individual basis, based upon the actual cost that will be borne by the Manor Association installing, removing, repairing and storing the boat slip occupant's boat lift.

All boat lifts must be stored off Manor property. The slip occupant is responsible for arranging storage off the Manor property.

10. TRANSFER OF USE OF A BOAT SPACE:

The use of a ramp, buoy or slip is not transferable.

If a property is sold and the original owner held a boat space his/her use of that space is terminated upon the closing of the transaction. The new owner must apply as a new applicant. The space assigned to the original owner may be reassigned to someone who already holds a boat space and wishes to move, or it may be assigned to someone on the Waiting List, if any.

An exception to the above is if an eligible person sells or rents his/her eligible property and immediately purchases or rents another eligible property. In this case they may retain the use of their boat space. A short break in the chain of eligibility may be allowed if the Boat Pier Committee is satisfied that the break is one that is a normal part of the transaction(s).

The purchaser of an eligible property may apply for a boat space at any time on or after he/she closes on that property. At the time of application he/she may be placed on a Waiting List or assigned a boat space. If assigned a boat space they may occupy that space on or after the date of closing of the purchase.

If title to an eligible property is transferred within the immediate family, however, use of the assigned boat space by the new owner will continue as if no transfer had taken place.

"Immediate family" means the son, daughter, parent or spouse of the original owner, or a Trust for the benefit of the original owner and/or his/her son, daughter, parent or spouse.

11. GUEST BOATS:

The end of the pier is reserved for the occasional use of boats of guests visiting Association residents, boats of Association members and excursion boats.

No guest boat that does not meet the same standards required of Association owned boats may use the pier.

The Boat Pier Committee may regulate or restrict the use of the boat pier by guest boats as it deems in the best interest of the membership.

12. BOATING SEASON:

The boating season shall end on the Sunday following the third week in October. All boats must be removed by that day.

If an owner has been assigned a boat space they must have their boat occupying that space by July 1 unless satisfactory arrangements have been made with the Boat Pier Committee, (i.e.: boat under repair, temporary health problems, or other such unavoidable temporary circumstances.)

After that date (July 1) the Committee will be free to reassign the space.

If a boat owner loses his/her space under the provisions of this section he/she will be refunded 2/3 of the rental fee.

The person subsequently assigned the space likewise will be charged 2/3 of the rental fee.

Anyone who loses their space under this rule will be eligible to be placed at the bottom of the Waiting List.

It is not necessary for a new applicant to own a boat before applying for or being awarded a boat space. However, they must satisfy the Boat Pier Committee that after they have been assigned a space they are making a reasonable effort to comply with the July 1 deadline.

13. RESPONSIBILITY AND LIABILITY:

It is the responsibility of the individual boat owner to keep their boat properly moored at all times. Any damage which may result to the pier or other boats is the responsibility of the owner of the boat that caused the damage.

14. TERMINATION OF USE OF BOAT SPACE:

The Boat Pier Committee shall have the discretion to terminate a member's assignment of a boat space for a violation of these Polices and Practices. The Boat Pier Committee may, but is not required to, give notice of any violations prior to taking action.

If for personal reasons a boat owner should wish to temporarily surrender the use of their boat space and not use it for one or more seasons, they may do so with the approval of the Boat Pier Committee. In this case the boat space will be offered to the next person on the Waiting List and the boat owner will be placed on the Waiting List, at the top, in their place. The person who surrenders their boat space must then wait until a boat space becomes available through normal attrition. This provision is not intended to apply over a short period of time within a single season.

15. APPEAL PROCEDURES:

Any member feeling aggrieved by any action or non-action of the Boat Pier Committee may, by written letter, appeal such decision to the GENEVA MANOR Board of Directors. The decision of the Boat Pier Committee shall stand unless it is overruled by a majority of the GENEVA MANOR Board of Directors. The decision of the Geneva Manor Board of Directors shall be final.