Gulf Harbour Marina | Rules and Regulations
10730
page,page-id-10730,page-parent,page-child,parent-pageid-152,page-template,page-template-full_width,page-template-full_width-php,mkd-core-1.0.4,ajax_updown_fade,page_not_loaded,,mkd-child-theme-ver-1.0.0,mkd-theme-ver-1.5.2,smooth_scroll,wpb-js-composer js-comp-ver-4.11.2.1,vc_responsive
 

Rules and Regulations

These Rules and Regulations have been adopted by the Board of Directors of Gulf Harbour Marina Condo Assoc, Inc. a Florida not-for- profit corporation (the “Association”) and are designed to maintain an enjoyable and safe yachting experience for all persons using the Gulf Harbour Marina (the “Marina”).

General

1. The Ships Store will be open during the hours posted from time to time.

 

2. The Harbormaster’s Office is located east of the fuel dock, adjacent to the Clubhouse building. The telephone number is (239) 437-0881. The Harbormaster’s Office is staffed from 8:00 a.m. to 5:00 p.m. daily. The fuel dock is open from 8:00 a.m. to 4:30 p.m. daily, with the pump-out system operating from 8:00 a.m. to 4:30 p.m. daily. Hours are subject to change.

 

3. Members and their guests should not request personal services from the dock attendants who are on duty.

 

4. It is unbecoming for any person using the Marina to abuse any of the dock attendants, verbally or otherwise. All dock attendants are under the ultimate supervision of the Harbormaster and no person shall reprimand or discipline any dock attendants or send any dock attendant off the premises of the Marina for any reason. Any dock attendant not rendering courteous and prompt service should be reported to the Harbormaster.

 

5. Owners shall be responsible for the conduct and actions of the captain, crew or agents employed by the Owner for the operation and maintenance of such Owner’s vessel.

Loss or Destruction of Property or Instances of Personal Injury

1. Each Member and each guest as a condition of invitation to the premises of the Marina assumes the sole responsibility for his or her property. The Association shall not be responsible for any loss or damage to any private property used or stored on the premises of the Marina, whether in dock boxes or elsewhere.

 

2. Any member, guest or other person who, in any manner, makes use of or accepts the use of any apparatus, appliance, facility, privilege or service whatsoever owned, leased or operation by the Association, or who engages in any contest, game, function, exercise, competition or other activity operated, organized, arranged or sponsored by the Association wither on or off the premises of the Marina, shall do so at his or her own risk, and shall hold the Association, representatives and agents harmless from any all loss, cost, claim, injury, damage or liability sustained or incurred by him or her, resulting there from and/or from any act or omission of the Association, employees, representatives or agents.

 

3. All vessels moored within the Marina must have a minimum of $500,000.00 property damage and liability insurance and shall provide the Harbormaster with copies verifying current insurance coverage on and annual basis. In addition, the policies shall provide that the insurance company notify the Association at least thirty (30) in advance of any cancellation or reduction in coverage.

 

4. In the event of an emergency during the Owners absence, the Association or its agents or employees shall be authorized, but are not required, to make any reasonable and necessary repairs to a vessel, the cost of which shall be charged to the Owner.

 

5. In case of a fire, emergency or disaster, as determined by the Association, it is expected that the Owner will make arrangements for safe storage of the vessel elsewhere. If the vessel is unattended and the Owner cannot be contacted, the Association shall be authorized to move the vessel, at the Owner’s expense, to a safer area to protect the vessel, property or general welfare. However, under no circumstances is the Association under any obligation to provide this service. Owner shall be solely responsible for any emergency measures.

 

6. Hurricane Rental and Transient Boater Policy: Only vessels that are owned by slip owners, annual renters, and season renters are allowed to remain in the Marina during periods of a “NAMED STORM EXISTING IN THE ATLANTIC OR GULF OF MEXICO”. All other transient vessels and rental vessels are to be removed from the Marina a minimum of five (5) days prior to the NOAA estimated forecasted storm landfall. This rule does not apply to a boater who declares and requests Safe Harbor during periods when he is subject to peril that is actually occurring during an active Named Storm at the moment he attempts to dock his vessel. If a non-qualified vessel remains in the Marina five (5) days prior to the projected NOAA landfall the Marina can have the vessel removed by a towing service at the owner’s expense.

Children

Children under sixteen (16) years of age are not allowed at the Marina unless accompanied by an adult.

Attire

Shirts and shoes are required on the Marina property.

Marina Appearance & Dock Regulations

1. All operators of vessels shall observe all posted speed limits and other rules when in the waters of the Marina. Boat owners or captains will be responsible for the safe speed and handling of vessels operating within the Marina. The Marina maintains a “no wake” zone which must be observed at all times.

 

2. No signs, notices or commercial advertisements shall be displayed or posted without the prior written approval of the board.

 

3. Signs offering vessels and or wet slips for sale, lease or charter shall be no more than 12” by 18” and shall be of a black background with gold lettering. Any slip owner wishing to place a sign on a vessel or slip shall purchase such sign through the marina office. Only signs purchased through the marina shall be permitted.

 

4. All vessels moored within the marina for more than thirty consecutive days or seven days of any one month must be approved by the Marina Appearance Board (“MAB”). It is the responsibility of each vessel owner to notify the marina staff and to complete all application forms as may be required by the Board of Directors in advance of bringing any vessel into the marina. All vessels moored permanently (more than seven days) must be measured for length to insure compliance with the variance policy. Boats found not in compliance will be re-measured after modification.

 

5. There shall be no refuse disposal except in receptacles permitted by the Marina Association. Hazardous waste may not be disposed of in the marina.

 

6. Each vessel must have such sanitary equipment on board as is required by law. Equipment must be fully operational. Members of the M.A.B. may board all vessels with reasonable notice to inspect same. No owner shall discharge sewage or any substance (other than clean bilge water and water from showers and sinks) into the marina waters.

 

7. There shall be no displaying or hanging of laundry in the marina.

 

8. There shall be no recreational swimming or fishing in the marina.

 

9. Tenders, jet skis, wet bikes and wave runners may be kept in the marina provided they do not protrude into the common area or into an adjacent slip. These personal water craft must be kept fully licensed, insured, maintained and be in an operational and sea worthy condition. Operation of personal watercraft shall be in compliance with good boating practices and in compliance with the terms and provisions of the Declarations, these rules and regulation and all laws, ordinances and manufacturer’s recommendations relating to personal watercraft.

 

10. Owners, tenants and their families or crews may live aboard their vessels provided that (1) such persons shall register at the marina office and (2) a vessel may be occupied for successive periods of 90 days with breaks in between and (3) a vessel may never be used as a permanent residence.

 

11. No vessel shall be repaired at the marina except for minor maintenance such as cleaning above the gunnels line and limited bright work, which shall be performed so as to minimize any disturbance to other members and their vessels. If a vessel needs other repairs, permission of the Harbormaster must be obtained in advance.

 

12. The visible surfaces of all vessels moored within the marina must be maintained so as to be generally free of dirt, mildew and mold. The MAB may require boats to take reasonable steps to discourage roosting birds from causing unsightly and unsanitary conditions on the docks and boat decks. Boat canvases must be securely fastened so as to avoid flapping and should be free of tears or fraying. Brightly colored canvas not usually found in marinas is not permitted. Any significant changes to a boats color or canvas configuration must be approved in writing by the MAB.

 

13. In case of emergency or fire during an owners absence and if he cannot be contacted the Association has the right but not the obligation to repair or move a vessel at the owners expense.

 

14. Hazardous or toxic materials are prohibited within the Marina except for petroleum products used in connection with the operation of a vessel. Bilge water pumped into the marina shall not contain any hazardous or toxic materials.

 

15. Crew members attending a vessel must be registered at the marina office.

 

16. Only one vessel may be kept in each slip except, for the T docks which may contain two vessels. A slip may also keep a tender, dinghy or personal water craft. Such dinghy or PWC may not protrude into the common area.

 

17. No vessel, or portion thereof, shall protrude beyond the slip boundary or variance as may be granted by the marina Association’s Board of Directors. It is the responsibility of each slip owner to receive advanced written approval for each vessel which is to be moored within his or her slip. It is the slip owner’s responsibility to insure the accuracy of any information provided to the Association’s representatives or agents, regarding a vessel’s size and condition.

 

18. Permanent lifts are not allowed at the Marina. Floating lifts installed, purchased or contracted for purchase prior to December 6, 2002, (date of turnover from Developer) will be “grandfathered,” subject to the following conditions. The owner of the Slip must sign an agreement, in a form promulgated by the Board, agreeing to accept liability for the lift (including proof of insurance) and agreeing to removal of the lift upon sale or other transfer of title to the Slip (Unit), except for transfers made for estate or tax planning purposes.

 

19. Nothing may be attached to any dock or piling without the approval of the Harbormaster. No carpet shall be affixed to any dock area other than doormat size foot wipers. The storage of supplies, accessories, dinghies, bicycles, grills, debris or any other material on the docks, walkways, or finger piers is strictly prohibited. Each slip is provided a dock box which is the only dock box allowed on the dock. No owner shall construct any lockers, chest, cabinets or similar structures on any dock. No flammable combustible or explosive fluids, chemicals or substances (other than fuel and oil in a vessel’s engine system) shall be kept in any dock box or vessel, provided, however, that solvents and cleaning substances may be kept in dock boxes, if stored in a safe manner and in accordance with applicable fire codes and insurance requirements.

 

Dock attachments: The Association’s governing documents do not allow any additions, alterations, or improvements to a slip, or any common elements or limited common elements by slip owners without the prior written approval of the Board of Directors.The Board of Directors has approved the following items which may only be installed by the Marina Staff. If your slip has unapproved additions or modifications please contact the marina office. The reason for the following changes to the Rules and Regulations are

 

·Safety

 

· Marina appearance needs to be kept at high level and consistent throughout the marina.

 

· The Board of Directors recognizes the needs of the slip owners to make minor additions, alterations or improvements to their slip, or to the common elements or limed common elements around their slip to protect their vessels and make docking and line management easier.

 

a. Fenders: Maximum of one fender per ten feet of dock length or boat length. Whichever is less for finger docks, and an maximum of two fenders on the main dock (beam). Fender size must be proportionate to vessel size. Fenders are purchased by the slip owner or renter and are installed by the marina staff. Fenders should be a dark color. Fenders that are installed using existing Gufl Harbour Marina cleats are also acceptable provided they are not attached using non-approved fasteners.

b. Vertical bumpers for wood pilings: Black five foot rubber bumper as displayed in the marina office. Piling fenders can be purchased from the marina and are installed by the marina staff.

c. Line holders: The marina staff will make and install line holders from 1.25″ PVC pipe in the appropriate height for the vessel. The marina staff will work with the slip owner to determine the proper height and location. The maximum number of line holders is two per slip, for slips 50 feet and under, and three for slips in excess of 50 feet. Line holders can be purchased from the Marina and installed by the marina staff.

d. Hose reels are not allowed. Hose holders may be installed by the marina staff on the back side of the dock box for that slip. Hose holders can be purchased from the marina.

e. Water Softeners: If a water softener is used, it must be stored off the main dock except when in use to wash the vessel. Upon request, the marina staff will install the water softener behind the dock box and assist the boater with hose connections. Water softeners can also be stored in the slip dock box when not in use.

f. Boarding Steps: Boarding steps or dock steps must be white, made of steel, aluminum, molded polyethylene or resin and be the appropriate height for the vessel being boarded. The slip owner will purchase the boarding step and the marina staff will fasten steps to the dock after deciding on at the appropriate location with the slip owner. Smaller boarding steps or dock steps that the boater takes on board before each departure will not require fastening to the dock. Previously approved steps are grandfathered.

 

20. All requests for additions, alterations, or improvement to a slip, or any common elements or limited common elements must be made by the slip owner.Cost: Those requesting an attachment/modification, will be charged a nominal fee to cover the cost of the items and the marina will retain ownership of the fastening devices. Ownership of purchased fenders, line holders and boarding steps remains with the slip owner or renter that purchased the items Any necessary replacement and or restoration of the marina installed modifications to the slip will be at the slip owner’s sole cost and expense. The marina staff will remove the items upon request.After the marina staff has installed the requested items at the slip, the slip owner is responsible for cleaning and maintaining the items. If the items become unsightly, the marina staff will notify the slip owner. If replacement and or restoration is required, the marina will notify the slip owner and repairs and or restoration will be at the slip owner’s sole cost and expense. All repairs and restoration will be done by Marina employees.

 

21. No trucks, commercial vehicles, motor homes, boat trailers or recreational vehicles of any type may be parked or stored on marina property. Bicycles will be stored in provided racks only. Bicycles and scooters of any type may not be ridden on the docks.

 

22. Golf carts are only permitted on the boardwalk along the marina seawall for the purpose of loading and unloading boats. The time limit for parking golf carts at the head of any dock or at any point along the boardwalk is 15 minutes. Golf carts must be permanently parked in the parking lot only. Golf carts, bicycles and scooters of any type must observe a 5 MPH speed limit on the boardwalk.

 

23. No fuel trucks are permitted in the marina.

 

24. Dock carts must be returned to the head of the dock after each use.

 

25. Visible boat decks are not to be used for storage and are at all times to appear in a secure and sea worthy condition.

 

26. The maximum occupancy of a vessel moored within the marina shall not exceed 2 persons per state room.

 

27. Pets shall be leashed at all times within the confines of the marina and Gulf Harbour community. Owners shall immediately clean up any waste deposited by their pets. Pets are permitted only if they do not disturb boat owners or residents.

 

28. Noise shall be kept to a minimum at all times. Owners shall use the utmost discretion in operating engines, generators, radios and television sets so as not to create a nuisance or disturbance.

 

29. No charcoal or open flame cooking apparatus to be used on dock or outside of gunwhale of boat.

 

30. Non-Motorized and Non-Registered Vessels: Due to safety reasons the following types of watercraft designed to transport persons or property, on , in or through water, are not to be operated or launched from the Marian Association property, with the only exception being maintenance floats and non-motorized vessels used the process of washing, waxing, and polishing vessels that are properly registered at the Marina office:a. Watercraft that are not registered with the tax collector’s office in the county where the watercraft is located or in the county where the watercraft owner resides or registered the USCG Documentation program, and/orb. Non-motorized watercraft, including, but not limited to, kayaks, paddleboards, canoes, and inflatable vessels.

Variance Policy

1. Each request for a variance will be reviewed on a case-by- case basis but in order for a variance to be granted it must, at a minimum, use the criteria set forth below.

 

2. The holder of a granted variance shall pay to the Association a fee based on the number of feet preempted by the protrusion for which the variance is granted (whether linear feet of vessel length or feet in width) or fraction thereof, the amount of which fee to be determined by the Board of Directors on an annual basis during the budget adoption process.The Slip Owner, holder of the variance will be billed each month for the overage regardless of whether the vessel is occupying the slip. If the vessel is absent from the slip for a minimum of 3 months (90 consecutive days) and the owner provides written notification to the marina office, variance fees will be refunded for the period the vessel was absent from the slip. Once the vessel returns to the slip the variance billing will continue starting with the month the vessel returns.

Enforcement

Each slip owner, each lessee and other invitee shall be governed by and comply with the Condominium Documents, the Master Declaration and these Rules and Regulations. Failure to comply may result in monetary fines and/or withholding of services. Withholding of services may include refusal of service to individuals at the ships store and fuel dock and discontinuance of electrical and/or water service to a vessel.