Boat Clearance Resolution
SANIBEL HARBOUR YACHT CLUB CONDOMINIUM ASSOCIATION, INC.
A Florida not for profit corporation
RESOLUTION CONCERNING VESSELL DAMAGE AND CLEARANCE REQUIREMENTS
WHEREAS, the governing documents for Sanibel Harbour Yacht Club Condominium Association, Inc., a Florida not for profit corporation (hereinafter the “Association”), delegate the authority and responsibility to govern the operations of the Association to its Board of Directors;
WHEREAS, the Board of Directors is responsible for the delegation of authority to Officers, Committees and other volunteers in the Association; and
WHEREAS, the Association maintains a committee charged with determining liability and reimbursement for damages to vessels caused by the Associations, its employees, agents and contractors in the furtherance of the Association’s boat lift operation; and
WHEREAS, vessels in the Association have incurred damage to equipment and fixtures mounted on the top of the vessel which reduce or eliminate sufficient clearance to reasonably store the vessel without incurring damage to the equipment and fixtures on top of the vessel;
WHEREAS, Section 11(13) provides that the Association may regulate the nature and size of vessels in the Association and the governing documents permit the Board to adopt reasonable rules and regulations concerning the use of a Slip and the Common Elements.
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Directors of Sanibel Harbour Yacht Club Condominium Association, Inc. hereby adopts the following resolution concerning damage to vessels caused by a lack of clearance due to attachments and fixtures mounted to a vessel:
- As of the date of this resolution, the Association shall not be responsible for damages or claims by owners of vessels for any damage caused to any attachment or improvement or any portion of the boat which is damaged as a result of any attachment or improvement, such as but not limited to, radars or related components, mounted to a vessel which prohibits the safe and unfettered docking of a vessel as follows:
- There shall be a minimum clearance of eight inches (8”) from the top beam of the Slip to the highest point on the vessel, which shall include any portion of any radar, improvement, or other structure mounted to a vessel and the beams of the Slip above and adjacent to the vessel.
- Vessels may be kept which exceed the above restriction, but it shall be at the sole risk of the vessel owner and the Association shall not be responsible for any damage caused to these improvements and attachments or any portion of the boat which is damaged as a result of these improvements and attachments by virtue of its obligation to store and dock the vessel in a dry slip.
- It shall be the vessel owner’s responsibility to ensure that the vessel maintains the necessary and safe clearance at all times during docking. For example, if a vessel has a minimum clearance with all attachments or installations in “down position” or compacted to maximize clearance, it shall be the vessel owner’s responsibility to ensure that all attachments, equipment, or other installations are lowered or otherwise kept in a position to ensure minimum clearance at the time the vessel is loaded for docking.
- The Association shall hereinafter deny any request for repa1r or reimbursement to vessels that do not comply with the above height restrictions.
- The provisions of this resolution are limited to damages in connection with the docking of slips in dry docks and which are reasonably related to the lack of clearance caused by improvements or attachments to vessels.
- Nothing herein shall be deemed an act to require or prohibit any specific vessel and this resolution shall be limited to a restriction of the attachments and improvements of a vessel that prohibit safe clearance and docking.
By: Peter Mazzagatti, President.