Harborside Dock Committee Rules & Regulations
1. Management:
A. The management of the Docks at Harborside shall consist of a committee, referred to as the HDC (Harborside Dock Committee), and shall include at least one member of the Board of Trustees.
B. Objectives:
- The purpose of the HDC is to maintain the waterfront assets (Docks and Gangways) for the benefit and enjoyment of all residents of the Harborside Condominium Trust. It is responsible to the Harborside Condominium Trustees for managing, operating, and maintaining the Docks and Gangways.
- In interpreting and applying the following Rules and Regulations, the HDC reserves the authority to address each request or situation on a case-by-case basis and may, at its discretion, depart from a strict interpretation of the HDC R&R if it determines such an interpretation would not be in the overall best interest of the Harborside Condominium Trust. These HDC Rules and Regulations are intended to complement, but are subordinate to, the main Harborside Trust Rules and Regulations, as approved in November 2004, and as amended in December 2007 and in July 2008 (EXHIBIT B RULES AND REGULATIONS – F. Docks F1.-F10.).
C. The HDC shall endeavor to provide space for watercraft for all residents on a space-available, first-come, first-served basis. Specifically, the HDC and the Trustees intend only residents to have use of the Docks.
D. A resident, to interpret the HDC R&R, may be an owner or tenant.
E. An owner’s residency is defined as living in or not leasing or renting the owner’s condominium during the Harborside Boating Season.
F. The Harborside Boating Season is from when the North and/or South Docks are available for use to when the North and/or South Docks are not available, usually from May to October.
G. The availability of space for any particular watercraft will be determined by the HDC as to appropriateness (size, weight, integration with existing watercraft, etc.). However, regardless of the appropriateness of weight, integration with existing watercraft, etc., the following size restrictions will apply.
i. A maximum of nineteen feet LOA (engines up), a minimum of twelve feet for an Out-haul position.
ii. A minimum of nineteen feet-one inch LOA (engines up) for a Face position.
H. The HDC will maintain one Open Face for the pickup and drop-off of residents. Residents’ short-term (thirty-minute) tie-up is allowed for provisioning, washing, and repairs. Longer (up to three hours) tie-ups are permitted with HDC approval.
I. A resident (defined in 2. D., E. F. and including their immediate family) must be the sole user of the watercraft before placing the watercraft at or on the Dock.
J. The Docks are an asset of all Harborside Condominium owners. Therefore, no owner or resident may promise to provide space at or on the Docks to another person, including when selling, leasing, or renting their Harborside condominium.
2. HDC Members
The HDC will consist of three members, one of whom will be a Trustee. Anyone wishing to be a member of the HDC will need to request consideration in a written letter (or email) to the Trustees through the Management Company. Members must be watercraft owners and will be appointed by the Trustees for staggered, three-year terms.
3. Rules and Regulations:
A. A resident’s use of the Harborside Docks and Gangways acknowledges that the resident agrees to comply with the current HDC R&R as published on the Harborside website. Residents and owners will be informed about updates by email.
B. Use of the Harborside Docks and Gangways by residents and their guests is acceptance of the inherent risks associated with that use and assume the risk and accept responsibility for themselves and their guests.
C. Storing on the Docks items such as chests, containers, rags, towels, pails, fishing equipment, lawn or deck chairs, etc., that would impede the enjoyment of the Docks by all residents is not permitted.
D. Only watercraft are permitted to be tied to the Harborside Floats.
E. Rough, boisterous play and running are not permitted on the docks or gangways.
F. Diving and jumping from the gangways or seawalls are not permitted.
G. Glass containers are not permitted to be used on the docks.
H. All children must be supervised by an adult while on the gangways or docks.
I. The gates to the gangways must be closed at all times.
J. Smoking on the Docks or Gangways is not permitted.
K. PRIORITY:
i. Watercraft owners who have occupied space at or on the Docks the previous year and are in good standing (have paid all outstanding financial obligations to the Harborside Condominium Trust) have priority.
ii. Loss of the above priority (“4. K. i.”) and the termination of a continuing position at or on the Harborside Docks will occur if the watercraft owner is not in good standing (as determined by the Trustees) with the Harborside Condominium Trust. This condition applies every month, whether during the boating season or not.
iii. Loss of the above priority (“4. K. i.”) will occur if seasonal Harborside Float rental fees are not paid by April 1.
iv. Loss of the above priority (“4. K. i.”) and the termination of a continuing position at or on the Harborside Docks will occur if the watercraft owner does not comply with all HDC R&R.
L. FINANCIAL RESPONSIBILITY:
i. Watercraft owners are responsible for removing their watercraft from the Docks during adverse weather or sea conditions. Light winds (as little as 15mph from the Northeast) and/or high tide conditions combined with rolling wave action can create severe problems. When leaving Harborside, even briefly, watercraft owners should either remove their watercraft or be confident in weather and sea forecasts. The HDC requires that Harborside watercraft owners protect their watercraft and Harborside’s property by having alternate locations for their watercraft in weather or seas that could damage either. The HDC is not responsible for informing a Dock Space Renter of dangerous conditions. If it determines that weather or sea forecasts are such that damage may result from a watercraft remaining at or on the Docks, it will require watercraft owners to remove their watercraft until the danger has passed.
ii. Watercraft owners are financially responsible for damage to the Docks/Gangways caused by them, including damage resulting from a collision with and/or tying their watercraft to and/or leaving their watercraft on the Docks.
M. ALTERATIONS: No alteration may be made to the Docks or Gangways or anything attached to them without the permission of the HDC.
N. IMPROVEMENTS: Suggestions for improvements to the Docks or gangways or anything attached to them should be submitted, in writing, to the HDC for consideration.
O. SPACE:
i. For the HDC to properly receive its season rental fees from a Face and/or Out-haul renter, a Face and/or Out-haul renter must supply the HDC with the manufacturer’s year, make, and model of their boat. If there is a change in the renter’s boat, the new manufacturer’s year, make, and model will need to be submitted to the HDC.
ii. Anyone wishing to rent Dock Space will need to send a written request to the HDC detailing specific needs (i.e., size, type of watercraft, at a Dock’s face or on an Out-haul or On-The-Dock). To be placed on the waiting list, one will have to be in good standing (determined by the Trustees) with the Harborside Condominium Trust. The following rules will apply to this waiting list:
iii. The Dock Space Waiting List will be maintained in chronological order by the date of the receipt of each application. The list will be updated when appropriate and be available for review on the Harborside Web site: www.harborsidecondos.info
If the first person on the list for a particular location (Face, Out-haul, etc.) elects not to rent the available space, the next person on the waiting list may rent the available space. The person who elected not to rent the available space will remain first on the waiting list for a maximum of two turndowns, after which they will be placed at the end of the then-current waiting list. The intention of this rule is the person who is number one on the list for a Dock space and is unable to place a watercraft there when there is availability is acknowledged as having put in their waiting time and be accommodated first when the next availability occurs (subject to the two turndowns rule).
v. If a person has a watercraft on an Out-haul and their name comes up for a Face, they may keep the Out-haul space until an eligible resident watercraft owner requests an Out-haul position.
vi. The order in which a person may lose their Out-haul because of O. v. is based on a first on / first off policy from when the resident was assigned a face.
vii. If a resident loses their Out-haul space under N. vi., they can subsequently rent an Out-haul space only if there is an open Out-haul space. They may not take the Out-haul space of the next resident who has both an Out-haul and a Face and has not yet lost it because of the provisions in N. vi.
viii. The HDC will respond to a resident’s waiting list request in writing.
P. SPACE (for a not-in-residence owner): The following applies to a Harborside Unit Owner only. The renter of a Harborside Condominium with a space on or at the Docks will not be allowed to take advantage of this rule.
A Harborside Unit Owner who has a position at, or on, the Docks can use that space if they are not in residence (as defined in “2. D. E. F.”) at Harborside for one season (or two consecutive seasons). This can be done only once, i.e.; an owner cannot be a non-resident for one season (or two consecutive seasons) then in residence and repeat the exemption in a future season. If an owner loses the use of a Dock Space, that owner may request to be placed on the then-current Waiting List if the owner is already on the Waiting List for another type of space. In that case, the owner may remain in chronological order for that other type of space based on their application’s original date of receipt.
Q. SEASONAL TEMPORARY USE:
i. If a Seasonal Dock Space Renter notifies the HDC before March 31 of their intention not to rent their Dock Space for the upcoming boating season, such non-use will be allowed for one season (or two consecutive seasons). However, this may be done only once, i.e., a Dock Space Renter may not, not rent their Dock Space for one season (or two consecutive seasons), then rent it the following season and repeat the exemption in the future. The Dock Space Renter will forfeit their space if they do not occupy it the season following the non-use season. In addition, the Dock Space Renter will be responsible for payment of the applicable rental fee to preserve the Dock Space in the name of the Dock Space Renter.
ii. If the HDC can arrange for the temporary, seasonal use of a non-used Dock Space, the Dock Space Renter will be reimbursed for their seasonal Dock Space fees.
iii. Once the HDC has been notified of a Dock Space Renter’s planned seasonal non-use of a Dock Space, the HDC will allow temporary, seasonal usage by the next person on the waiting list for that type of Dock Space. The watercraft for temporary, seasonal usage will be chosen, in order, from the Dock Space Waiting List and must be appropriate for the particular Dock space. This temporary, seasonal use assignment will not affect the applicant’s position on the Dock Space Waiting List nor set a precedent.
R. SHORT TERM TEMPORARY USE:
i. When a Dock Space Renter is not occupying their Dock Space for short periods, they may voluntarily alert the HDC so it may authorize the temporary use of the Dock Space by a different watercraft. The HDC encourages Dock Space Renters to notify the HDC even if the time of non-use is short (i.e., overnight). Contact an HDC member by phone or email. This request aims to enable as many residents as possible to take advantage of the Harborside Docks.
ii. Any requests for temporarily using a Dock Space must be submitted to and approved by the HDC. Because of the short time frame of such a request and response from the HDC, an email or phone call to an HDC member will be acceptable.
iii. The person selected for temporary placement must already be present on the Dock Space Waiting List. The HDC will attempt to allocate that space to a suitable watercraft chosen, in order, from the Dock Space Waiting List. The temporary assignment will not affect the applicant’s position on the Dock Space Waiting List nor set a precedent. A temporarily available Dock Space notification will be via email or phone. Each person, in order, on the waiting list will be given twenty-four hours to respond. The HDC will attempt to shorten the time via phone. If no response is received, the next person on the Dock Space Waiting List will be notified of the availability.
iv. If the HDC approves the temporary use of a non-used Dock Space, the HDC will be paid the applicable 24-hour overnight rental fee by the Temporary User. The payment is due at the end of the temporary use period, and late (30 days) or non-payment may result in the HDC’s disapproval of further requests by the Temporary User. The reporting of the amount of temporary use is on the “honor system” and should be reported to a member of the HDC at the time of its use.
v. If the payments by a Temporary User of a Dock Space exceed the current seasonal fee for that Dock Space, subsequent rental by the Temporary User for a like type of Dock Space will be free for the remainder of the current season. Any fees a temporary user may pay for other Dock Spaces may not be charged against Temporary Use fees.
vi. The primary Dock Space Renter must notify the HDC (by email or phone) if their plans to not occupy their Dock Space should change, including shortening or lengthening the time. The intention of this notification is that appropriate notification is given to the Temporary User.
S. SUBTENANT USE: A Dock Space Renter may not rent nor permit the use of their Dock Space by another person or watercraft.
T. WATERCRAFT APPROPRIATENESS:
i. Because of the concern over the twisting of the Docks that occurs during some wind, sea, and/or tide conditions and the fact that they are secured by chains attached to moorings in the harbor, it is necessary for anyone considering a watercraft purchase and hoping to place it at, or on, the Harborside Docks to consult the HDC about the appropriateness of their watercraft choice. The HDC will not allow the use of a Face, Out-haul, or On-The-Dock space if it determines the requested watercraft would endanger the safety and enjoyment of the Docks or other watercraft on or tied to them by other residents.
ii. A Dock Space Renter may not change the size of the watercraft associated with their Dock Space without prior permission from the HDC. It is the intention of the HDC that an appropriate watercraft use spaces.
U. LIVE-ABOARD USE: While occasional overnight use of one’s boat at the Harborside Docks is permitted (with HDC approval), live-aboard use of one’s boat at the Harborside Docks is not.
V. RAFTING:
i. Occasional short time (i.e., to watch the July 4th fireworks with friends) rafting (with HDC approval) at the Harborside Docks is permitted. More extended periods, including overnight, are not.
ii. Tying one’s tender alongside their Face-tied boat is a permitted exception.
4. REVENUES:
A. HDC funds are maintained in two accounts:
i. Dock Operating Account – Used for routine operating expenses. Revenue for the Operating Account comes primarily from seasonal and temporary Dock Space rentals.
ii. Dock Reserve Account – Used for major repairs and/or replacement of the Docks and/or gangways. Revenue for the Reserve Account comes from a yearly contribution of the Common Element Fees, $200/unit, paid by the Harborside Trust in December of every year, and deposits made by the HDC as appropriate.
B. Annually, in November, the HDC will submit to the Trustees an Annual Financial Report detailing all financial transactions of that operating year, the status of the Dock Reserve & Dock Operating Accounts, the planned Dock fees for the following year, and a proposed Budget for the next year. The Trustees will include the Dock financial information in their annual financial report to the Harborside Owners and the planned Budget for the upcoming year. An HDC financial update will also be submitted to the Trustees for the Annual Owners’ Meeting.
C. While legally part of the condominium funds, the Trustees have agreed that the Dock revenue shall be separately maintained by the HDC for availability when needed.
D. Only the HDC, acting as an agent for the Trustees of Harborside, is authorized to commit monies. Therefore, any unauthorized commitments will not be paid.
The HDC reserves the authority to amend this document.