OCEANSIDE MARINA CONDOMINIUM
REVISED AND RESTATED RULES AND REGULATIONS
Effective January 12, 2017
The Rules and Regulations hereinafter enumerated as to the Condominium Property, the Common Elements, the Slips, and the Condominium in general shall apply to and be binding upon all Slip Owners, their Tenants, guests and invitees. The Slip Owners shall at all times obey said Rules and Regulations and shall use their best efforts to see that they are faithfully observed by their families, guests, invitees, servants, lessees, persons for whom they are responsible, and persons over whom they exercise control and supervision. Violation of these Rules and Regulations may subject the Slip Owner and/or violator to any and all remedies available to the Association and other Slip Owners pursuant to the terms of the Declaration of Condominium, the Articles of Incorporation of the Association, and the Bylaws of the Association. Violations may be remedied by the Association as provided in the Declaration of Condominium, by injunction or other legal means, and the Association shall be entitled to recover in said actions any and all court costs incurred by it, together with reasonable attorney’s fees, against the Slip Owner and any person violating the Rules and Regulations, or the Declaration of Condominium, and any of the Exhibits attached thereto. Any waivers, consents, or approvals given under these Rules and Regulations by the Board of Directors shall be revocable at any time and shall not be considered as waiver, consent, or approval of identical or similar situations unless notified in writing by the Board of Directors.
THE RULES AND REGULATIONS ARE AS FOLLOWS:
- ANIMALS AND PETS: No animals of any kind may be kept or permitted in any Slip or on any of the Common Elements without written permission of the Board of Directors. This policy is not meant to restrict in any way the use of guide or helper animals.
- VESSEL RESTRICTIONS: The Association reserves the right to approve all vessels that are moored within the Condominium Property, and no vessel may be moored at any Slip without the prior written consent of the Association or Managing Agent. The approval of a vessel is in the sole and absolute discretion of the Board of Directors, acting through the Managing Agent. See OMCA Dec. Art. VI (D). Every vessel in any Slip must be approved by this process, including any vessels owned by Slip Owners moored in a Slip prior to the adoption of the Amended and Restated Declaration of Oceanside Marina Condominium. There are no exceptions.
(A) The vessel approval process shall be as follows: 1) complete the Application to Register a Vessel, with all attachments and information requested, which shall include, but not be limited to, current vessel registration, a certificate of insurance showing at least $1,000,000 in liability insurance, and photographs of the vessel and tender (if applicable); 2) including $50.00 application fee, which such fee shall be waived for all Slip Owners; 3) submit completed package by email to [email protected]; and, 4) an inspection by the Managing Agent of each vessel to determine its seaworthiness, cleanliness, adequacy of its sanitary facilities, and compliance with all applicable city, county, state and federal, fire, safety, or other regulations.
(B) After receipt of a completed Application to Register a Vessel, the Managing Agent will review it and conduct any necessary inspection as expeditiously as possible. A completed Application to Register a Vessel containing current photographs will suffice for vessels located more than 30 miles from the Marina. The Managing Agent will have five (5) business days to review the application and notify the Slip Owner of the vessel’s approval or denial. If Managing Agent does not respond within this period, the application is deemed denied. PLEASE NOTE: Prior to docking an approved vessel for the first time, each vessel must be inspected by the Managing Agent, and the vessel must be in materially the same condition as it appeared in the photographs attached to the Application. If the vessel is not in materially the same condition it will be denied.
(C) Each Slip shall be used for the dockage of one vessel only; provided, however a Slip may contain a second vessel (i.e., a tender/dinghy approved by Association) if the Slip Owner obtains prior written permission from the Association, through the Managing Agent, prior to docking more than one (1) vessel in a Slip. Such permission may be withdrawn by Association at any time. If no written consent was received for such Tender, such Tender must be removed within four (4) hours of request of same by Association or Managing Agent or any agent of same, and if not removed in timely fashion, the Association or Managing Agent shall be entitled to remove such Tender and put it in storage and all costs, along with an administrative fee equal to 10% of such cost, of same shall be assessed to the Slip Owner. See OMCA Dec. Art. VI(A). No vessel located in a Slip shall be longer than the maximum length allocated to such Slip as set forth in Schedule 1 of these Rules and Regulations. The length of each Slip is set forth in Schedule 1, is attached hereto and made a part hereof indicating the length of the Slips and maximum vessel length. The length of any pulpits, bowsprits, swim platforms, davits, and any other extension from a vessel shall be included in the determination of the total length of a vessel. Any approved second vessel shall, with the primary vessel, fit fully within the boundaries of the Slip. The vessel must be registered or documented in the name of the Slip Owner, or a lessee of the Slip Owner, which has leased the Slip in accordance with all requirements set forth in the Application to Register a Vessel.
- CLEANLINESS: Slip Owners and Tenants must deposit all garbage and refuse in either the dock trash cans or dumpsters located beside Bath House or located beside the parking lot described as Easement Area 2 in the OMCA Amended and Restated Non-Exclusive Easement. Slips Owners and Tenants are encouraged to place all garbage and refuse in the dumpsters. All non-recyclable refuse, waste, bottles, cans, garbage, and trash will be securely wrapped in plastic garbage bags and placed only in the appropriate trash containers designated for such purpose. All recyclable materials (glass, newspapers, cardboard, paper, cans) shall be placed in the appropriate trash containers and areas designated for such purpose. Owners, invitees, and Tenants will recycle in accordance with all County ordinances. Food and beverages may not be consumed outside of a Slip except in designated areas, if any.
- COMMON FACILITIES: Slip Owners shall cooperate with the Managing Agent in the use of Common Facilities where more than one organized activity is scheduled for the same time.
- COMPLIANCE WITH LAWS: Each Slip Owner, Tenant and sub-tenants shall, at its sole cost and expense, use Slip Owner’s Slip and the vessel located therein in accordance with all laws, ordinances, approvals, covenants, codes, licenses, permits, orders, rules, regulations, and requirements of any governmental or quasi governmental authority or agency having jurisdiction over the Condominium Property, including, without limitation, all laws pertaining to air, water, upland/storm water runoff, use and storage of hazardous materials, waste disposal, and sewage disposal. All such violations shall be corrected by, and at the sole expense of, the party obligated to maintain or repair such portion of the Condominium Property, as set forth in the Declaration. See OMCA Dec. Art. VIII(E). The obligations of each individual Slip Owner shall include, but are not limited to, the following:
(A) Slip Owners shall not have any hazardous materials upon, about, or beneath the Condominium Property, and shall indemnify and hold the Condominium Association, its agents and employees, harmless from any and all damages arriving out of the use and/or storage of any hazardous materials;
(B) The Slip Owner shall not discharge raw or untreated sewage into the waters of the Condominium Property, and all permanently installed sewage systems on vessels which do not have functioning sewage holding tanks must be either a Type I or Type II marine sanitation device or must be locked while the vessel is located in the Condominium Property, all as required pursuant to applicable laws;
(C) Bilge water contaminated with fuel, oil, or any regulated contaminant may not be discharged into the surface waters on or about the Condominium Property;
(D) All solid waste, waste oil, engine oil, gear oil, transmission oil, hydraulic oil, and used oil and fuel filters must be disposed of in proper containers located outside of the Condominium Property;
(E) No Slip Owner shall use power washers on or about the Condominium Property;
(F) No Vessel shall be painted or sanded on or about the Condominium Property.
(G) The Slip Owner and the owner of vessel that sinks in or about the Condominium Property shall be responsible for all governmental fines or other charges and for all costs incurred by the Association in connection with such sinkage.
(H) No vessel shall be docked within a Slip unless such vessel was docked under its own power, and no vessel shall be docked within a Slip unless it is capable of leaving the Slip under its own power.
(I) None of the following uses shall ever be allowed in any Slip at any time: (i) liveaboard vessels, (ii) houseboats; (iii) boatels; or (iv) any vessel used as a transient residence or long-term residence. See OMCA Dec. Art. VIII(O).
(J) No vessel shall be repaired at any Slip, except for minor maintenance, such as cleaning above the gunnel line and limited bright work, and minor engine repairs, which shall be performed so as to minimize any disturbance to other Slip Owners. If a vessel needs other repairs, written permission of the Association must be obtained in advance, and approval of such request shall be made in the Association’s sole discretion. See OMCA Dec. Art. VIII(L).
(K) Boat lifts and/or hoists are not permitted at any Slip. See OMCA Dec. Art. VIII(M).
(L) There shall be no commercial vessels allowed to moor at any Slip. A “commercial vessel” means (i) a vessel on which commercial quantities of saltwater products are harvested, from within and without the waters of the State of Florida for sale to the consumer or to a retail or wholesale dealer or (ii) any other vessels which has the primary purpose of being a commercial vessel, including but not limited to, barges, dredging vessels, cargo or carrier vessels or any other vessels engaged in commercial trade, but such definition specifically does not include vessels available for charters to the public. See OMCA Dec. Art. VIII(N).
(M) The only materials that may EVER be pumped into the Association’s sewer system is sewage such as greywater, blackwater, brownwater, and yellowwater. The following may NEVER be pumped into the Association’s Sewer: oil, fuel, diesel, paint, or any other non-sewage material.
(N) No Slip Owner may allow entry to a Slip by any individual who exhibits conduct of moral turpitude in the determination of the Board; the Board has the authority to enforce its determination.
- DESTRUCTION OF PROPERTY: Neither Slip Owners, their lessees, nor guests shall mark, mar, damage, destroy, deface, or engrave any part of the Condominium Property. Slip Owners shall be responsible to pay for any repairs and/or replacements for any portion of the Condominium Property which Slip Owner or its Tenants, guest, invitee or agent damages. The determination that such repair or replacement is necessary, or has so been caused, shall be made in the Association’s sole discretion. All such repairs and/or replacements shall be made by the Association and all costs incurred for such repair and/or replacement, along with an administrative fee equal to 10% of such cost, shall be assessed to the Slip Owner upon notice to the Slip Owner. See OMCA Dec. Art. V(A)(2)(c).
- DOCK BOXES, HOSES, LINES AND BUMPERS: Except for dock boxes provided and owned by the Association, no Slip Owner shall construct any locker, chest, cabinet or similar structure on any dock or Slip. No alterations by Slip Owners to the Association-owned Dock Boxes will be permitted. See OMCA Dec. Art. VIII(F). The following restrictions shall apply to the color of hoses and docklines used by all vessels in any Slip or on any portion of the Common Elements: all water hoses shall only be white in color, all electric hores shall be yellow or white in color, and all docklines shall be black or white in color. All vessels in any Slip shall use only dock bumpers and dock fenders of a single consistent color and shape.
- ASSOCIATIONS RIGHT OF ENTRY: The Association and Managing Agent shall the right to entry a Slip under any of the following circumstances:
- EMERGENCY ENTRY: In case of any emergency originating in or threatening any Slip or vessel located in such Slip, regardless of whether the owner is present at the time of such emergency, the Board of Directors of the Association or Managing Agent, shall have the right to enter such Slip for the purpose of remedying or abating the cause of such emergency. In connection with any such emergency, the Board of Directors of the Association, or Managing Agent, shall have the right to temporarily relocate any vessel located in a Slip.
- ENTRY FOR REPAIR: The Association and Managing Agent has the irrevocable right to access to each Slip during reasonable hours, when necessary for the maintenance, repair, or replacement of any Common Elements, or at any time when necessary for maintaining the Condominium Property or for making emergency repairs necessary to prevent damage to the Common Elements, or to another Slip or Slips. The rights granted to the Association hereunder shall include the right to require the temporary relocation of any vessel located in a Slip, at Owner’s cost and without compensation from Association, so as to allow the Association to perform its obligations under this Declaration, including, without limitation, the maintenance, repair and replacement obligations. See OMCA Dec. Art. V(C).
- ENTRY FOR INSPECTION: The Managing Agent or other agent of the Association shall have the right to board and inspect any vessel in a Slip to determine its seaworthiness, cleanliness, adequacy of its sanitary facilities, and compliance with all applicable city, county, state and federal, fire, safety, or other regulations. The Association or Managing Agent shall give reasonable prior notice to the Slip Owner, provided, however, in the event of an emergency situation or the inability of the Association to contact the Slip Owner, the Association, and other agents of the Association shall retain the right to board and inspect the vessel and the same shall not be considered a trespass. See OMCA Dec. Art. VI (D).
- ENTRY FOR REMOVAL: The Association and Managing Agent shall have the right (but shall not be required) to remove from any Slip any substandard vessel or non-approved vessel (as determined by the Association in its sole discretion) or any vessel which fails to comply with the Declaration or the Rules and Regulations at any time, if such vessel is not removed within twenty-four (24) hours of request of same by Association or Managing Agent or any agent of same, and all costs of such removal and storage shall be assessed to the Slip Owner. See OMCA Dec. Art. VI (D).
- EMPLOYEES: Employees of the Association and employees of any Managing Agent shall not be sent away from the Condominium Property by any Slip Owner, at any time, for any purpose. No Slip Owner shall direct, supervise, or in any manner attempt to assert any control over the employees of the Association and/or the Managing Agent.
- EXTERIOR APPEARANCE: The Common Elements and all other areas of the Condominium Property shall not be painted, decorated, or modified by any Slip Owner in any manner, including, but not limited to, painting or other decorating of any nature, installing any electrical wiring, antenna or machinery or in any manner changing the appearance of any portion of the Condominium Property, any Slip, or Common Elements, without the prior written consent of the Association or Managing Agent, which consent may be withheld on purely aesthetic grounds within the absolute discretion of the Association or Managing Agent. Along with a written request for approval to the Managing Agent for an alteration, Slip Owner shall provide plans and specifications which are in compliance with all applicable laws and regulations, showing the nature, kind, shape, materials to be used, and location of such proposed alteration. Approval of such written request shall be at the absolute discretion of the Managing Agent and Association. Any improvements made or caused by Owner not approved shall be removed, at the sole cost of Owner, upon notice from Association or Managing Agent. See OMCA Dec. Art. V(A)(2)(a) and Art VIII(B).
- FACILITIES: The facilities of the Condominium are for the exclusive use of Slip Owners, approved lessees, and guests accompanied by a Slip Owner. As discussed above in Section 6, any damage done by a Slip Owner or their guests to the Common Areas or equipment shall be made by the Association and all costs incurred for such repair and/or replacement, along with an administrative fee equal to 10% of such cost, shall be assessed to the Slip Owner upon notice to the Slip Owner. See OMCA Dec. Art. V(A)(2)(c).
- GUESTS: The guests and invitees of a Slip Owner or Tenant may enter the Association’s Common Elements to visit a Slip or vessel if the Slip Owner, Tenant, or their approved Agents, is at such Slip or vessel, i.e. in the case of charters, or if such guest or invitee is accompanied by a Slip Owner, Tenant, or their approved Agents. In the event a Slip Owner, Tenant, or their approved Agents will not be present at the Marina but would like a guest or invitee to visit their Slip or vessel, the Slip Owner, Tenant, or Agent shall request permission from the Managing Agent, in advance by written notice, and such permission shall be granted in the sole discretion of the Managing Agent.
- HURRICANE PREPARATIONS: Each Slip Owner or Tenant who plans to leave a vessel and/or tender in a Slip for more than three (3) days (72 hours during hurricane season (June 1st thru December 1st) must prepare such vessel or tender prior to departure by designating a responsible firm or individual to care for his/her vessel and/or tender during his/her absence in the event that the Slip should suffer hurricane damage and furnish any management firm or other designee with the name of such firm or individual.
- INSURANCE: Any vessel moored at a Slip must have at least $1,000,0000 United States Dollars of property damage and liability insurance with amounts and types of coverage satisfactory to the Association prior to entering the Slip, and at all times while in the Slip. If at any time a vessel ceases to have such insurance, the vessel must be immediately removed by Slip Owner or by the Managing Agent at Slip Owner’s expense. Each Slip Owner understands that the Association’s insurance policies do not cover any of the following: (i) all fixtures and furniture, equipment or other personal properly owned, supplied or installed by Slip Owners or tenants or subtenants thereof, (ii) any vessel, all alterations, capital improvements and betterments made by Slip Owners, tenants or subtenants, and (iii) all fixtures and items of personal property which are located within a Slip and are the repair/replacement responsibility of the Slip Owner (or its tenant or subtenant). See OMCA Dec. Art. XII(1)(e) and Dec. Art. XII(2)(a).
- LIABILITY OF ASSOCIATION AND MANAGING AGENT: All Slip Owners hereby expressly acknowledge and agree that neither the Condominium Association nor the Managing Agent shall be liable for loss of or damage to any property left or stored by any Slip Owner on the Condominium Property or any other person on, in, or on the vessel located within any Slip, and each Slip Owner hereby expressly waives any and all claims for such loss or damages against the Condominium Association and Managing Agent and agrees to hold the Condominium Association and Managing Agent harmless from and against any such claims. Each Slip Owner for itself and its respective successors and assigns hereby releases and agrees to indemnify and hold the Condominium Association and Managing Agent harmless for any and all liability for personal injury, loss of life and/or property damage of any kind whatsoever including, without limitation, the following: (i) arising out of the negligence of the Condominium Association or the Managing Agent, their employees and agents in connection with the Condominium Property; (ii) in connection with the Slip Owners, their vessel, motor, and accessories while they are on the Condominium Property; and (iii) for loss or damage to a Slip Owner’s vessel, motor and accessories or contents thereof due to fire, theft, vandalism, collision, marine equipment failure, windstorm, rain, hurricanes, or any act or failure to act on the part of the Condominium Association, Managing Agent, or their employees and agents.
- LIGHTING: All exterior lights on any vessel in a Slip shall be turned off after dusk and before dawn, except those lights necessary for the operation of a vessel, unless a Slip Owner receives prior written approval by the Association or Managing Agent, and such approval shall be made in sole discretion of the Association or Managing Agent. In any event, all exterior lights on a vessel in any Slip, after dusk and before dawn, shall be white in color.
- MAINTENANCE OF VESSELS: Slip Owners shall keep the vessel and tender, if any, located in their respective Slip in a seaworthy condition at all times so that the vessel and tender may depart the Condominium under its own power in the event of a fire, storm, or other such emergency.
- NOISE: No Slip Owner shall make or permit any disturbing noise, nor shall he allow his family, servants, employees, agents, visitors, or licensees to make such noises, nor permit any conduct by such persons, that will interfere with the peaceful possession, proper use, rights, comforts, or conveniences of other Slip Owners. No Slip Owner shall play or permit to be played any musical instrument, or operate a phonograph, television, radio, or sound amplifier in his Slip in such a manner as above conversation level and no vessel shall employ any device or instrument that creates or amplifies sound that is plainly audible by neighboring Slips or the Association and Managing Agent. See OMCA Dec. Art VIII(D).
- NUISANCE: Nothing may or shall be done on any part of the Condominium Property which may be or may become an annoyance or nuisance to any Slip Owner, Lessees, or guests. No obnoxious, unpleasant, unsightly, or offensive activity shall be carried on, nor may anything be done, which can be reasonably construed to constitute a nuisance, public or private in nature. No flammable, combustible, or explosive fluids, chemical, or substance shall be kept in any Slips or Dock Box, except such as is required for normal vessel use. All Slip Owners and their respective guests shall refrain from any noisy or disorderly conduct or any conduct which shall be annoying or disturbing to any other Slip Owners at the Condominium Property. See OMCA Dec. Art. VIII(D) and Art. VIII(E).
- OBSTRUCTIONS: Entrances, passages, and all Common Elements shall be kept open and shall not be obstructed in any manner, nor shall any carts, carriages, chairs, tables, or any other similar objects be stored thereon. Children shall not be permitted to play or to loiter in or on the Common Elements or Limited Common Elements. The personal property of Slip Owners must be stored in their respective vessels or dock boxes. No sign, notice, or advertisement shall be inscribed or exposed on any part of the Condominium Property, except such as shall have been approved in writing by the Association or Managing Agent. No awning, canopy, shutter, or other projection shall be attached to or placed upon the Common Elements. No radio or television installation shall be permitted in a Slip, except as provided by Association (OMCA Dec. Art VII (B)). Any antenna or aerial erected or installed by a Slip Owner on any Common Element will be removed without notice by the Board of Directors and the cost, along with an administrative fee equal to 10% of such cost, will be billed to the Slip Owner. The Slip Owners shall not do anything at the Condominium Property or suffer or permit anything to be done to the Condominium Property or bring or keep anything at the Condominium Property that in any manner obstruct or interfere with the rights of other Slip Owners or do anything or suffer or permit anything to be done that shall conflict with the laws, regulations, rules, and ordinances of any City, State, or federal government having jurisdiction over the Condominium Property.
- PERSONAL ITEMS ON DOCKS: Under no circumstance will personal items of any type be left on the Common Elements of the Association. The Managing Agent will immediately remove any such items into its storage at the Slip Owner’s expense, along with an administrative fee equal to 10% of such cost, and will dispose of same if not claimed by the Owners within 30 days from date of written notice to owners. See OMCA Dec. Art. VIII(F).
- VIOLATION OF RULES AND REGULATIONS
- Violations should be immediately reported to Managing Agent and the Board of Directors. The violating Slip Owner will be notified by the Managing Agent or the Board of Directors to cure the violation immediately or will be subject to fines.
- Slip Owners are subject to a fine of $100 per day, per violation. Unpaid fines may result in further assessments, penalties, and interest up to the maximum allowable by law.
- The Managing Agent will notify Slip Owner of their obligation to pay such fines with a letter detailing the nature of the violations and dates and times of such violations.
- SIGNS: No sign of any kind shall be displayed or erected by any Slip Owner at any Slip, on any vessel or on any portion of the Condominium Property without the prior written consent of the Association of the Managing Agent, which consent may be granted, denied or revoked at any time, in the sole discretion of Association, except for lettering, registration numbers, flags and other displays customarily found on recreational or charter vessels. No approval by the Association or Managing Agent shall establish a precedent for subsequent similar requests. The Board of Directors shall have the right to erect signs.
- SOLICITATION: There shall be no solicitation by any person anywhere on the Condominium Property for any cause, charity, or for any other purpose whatsoever, unless specifically authorized by the Board of Directors.
- VEHICLES AND BICYCLES: No vehicles of any nature may be parked on any part of the Common Elements. Bicycles must be stored on vessels, in the designated bicycle storage areas, or on docks within five (5) feet of a Slip Owner’s Slip. No bicycle may be stored overnight on any dock or Common Element. All bicycles on the docks must be in good working order, appear neat and clean, and may not be locked to any of the Common Elements, including Dock Boxes, fish cleaning stations, pedestals, or fire safety equipment. See OMCA Dec. Art. VIII(F).
- APPEAL OF MANAGING AGENT DECISIONS: If a Slip Owner seeks to appeal a decision by the Managing Agent, such as a denial of an Application to Register a Vessel or violation and fine, the Slip Owner may submit an appeal to the Board of Directors in the following manner: 1) they must provide the Board President with a complete copy of all information the Slip Owner wants the Board to consider for such appeal, to allow the Board members adequate time to review such information and to provide Managing Agent an opportunity to respond; 2) the Board of Directors will thereafter schedule and hold such a Board meeting to review such appeal within a reasonable time; and 3) no in-person statements during the Board meeting will be considered in reviewing such appeal. The Slip Owner will be notified by mail or email of the Board’s decision. The Managing Agent’s determination is final unless and until reversed by the Board. The Boards decision is final until or unless the final adjudication by a court of competent jurisdiction.
VESSEL LENGTH RESTRICTIONS, INCLUDING APPROVED TENDER OR DINGHY
Slip Number Slip Length/Maximum Length of Vessel
601 through 624 40 feet
625 59 feet
626 59 feet
627 through 660 50 feet
661 62 feet
662 62 feet
663 through 678 61 feet
679 through 692 80 feet
693 57 feet
694 57 feet
707 45 feet
708 45 feet