1. General
1.1. This Rule A.8 specifies the limitations and controls pertaining to storage and operation of boats on the lakes of Big Canoe. It applies to all bodies of water in Big Canoe where fishing and boating are permitted.
1.2. The term boat/watercraft is intended to include canoes, kayaks, pontoon boats, Jon boats, paddle boats, paddleboards and sailboats. Any other form of boat/watercraft must be approved by the Marina Supervisor.
1.3. The term Marina Supervisor is intended to include members of the POA Marina Staff.
1.4. The Marina Staff controls all boat registrations as well as slip rental.
2. Safety
2.1. Federal regulations for boating safety apply as outlined in “A Boater’s Guide to the Federal Requirements for Recreational Boats”.
2.2. Life jackets in good condition must be available, one per person, for any boat on the water. Appropriate children-sized life jackets shall be worn at all times by each child under 13 years old while in or on the water. Paddleboard users shall wear a life vest at all times regardless of age.
2.3. No swimming or wading is permitted from the shore or docks of any lake in Big Canoe except for the designated swimming area of Lake Disharoon.
2.4. Eagle Island is off-limits to human foot traffic while eagles are occupying the island.
2.5. Swimming is permitted from watercraft on Lake Petit during the designated swim season in specifically designated area as indicated in the map. Swimming is prohibited within 50 feet of any shoreline or the Marina slips or in any areas outside the designated area. The swim season is April 1 through September 30. Swimming, in season, is permitted during the hours of 9 AM to 8 PM.
3. Boat Criteria
3.1. Boats/watercraft with internal combustion motors are strictly prohibited from all lakes in Big Canoe. The only exception is the POA-owned rescue boat.
3.2. The maximum length, measured from tip of pontoon to motor to include the projection of the motor, for boats/watercraft stored overnight on the lake is as follows:
3.2.a. Fishing boats 15 feet
3.2.b. Sailboats 18 feet
3.2.c. Canoes 17 feet
3.2.d. Pontoon boats 22 feet
3.2.e. All else 22 feet
Marina Supervisor has the authority to enforce maximum length limits.
3.3. All boats/watercraft stored on the lake must be maintained in a seaworthy condition and kept free of trash to avoid being a visual nuisance. Boat seats, deck areas, convertible tops, and other boat equipment must be maintained in a serviceable condition.
4. Boats on Lake Petit
4.1. All boats/watercraft stored on the lake must be maintained in a mechanically reliable and seaworthy condition, demonstrating pride of ownership and care, and shall be kept free of trash to avoid being a visual nuisance. Boat seats, deck areas, convertible tops, and other boat equipment must be maintained in good cosmetic condition and be cleaned on a routine basis. Faded, tattered, ripped, torn, dirty, moldy materials will be cleaned, repaired, or replaced as needed to maintain a high-quality appearance. Use of temporary patches, duct tape, etc., are only acceptable for up to 30-days, or to the extent such repairs are not visible by casual inspection from the dock.
4.2. Uncovered open hull boats stored afloat in the Marina must be equipped at all times with a properly operating automatic bailer to assure seaworthiness.
4.3. Boats/watercraft partially or fully submerged will be considered a visual nuisance and will be subject to the consequences outlined in Section 7 of this rule.
5. Boat Storage Restrictions
5.1. No boat/watercraft other than those owned by the POA may be left unattended or stored overnight on or around Lake Sconti.
5.2. No boat/watercraft may be docked or tied up on Lake Petit overnight except in the specified space rented from the POA by the owner of that particular craft.
5.3. No boat/watercraft may be beached overnight on any shoreline unless it is entirely off of POA Common Property and is not visible from the lake at any time of year.
5.4. No boat trailer may remain overnight at any Marina or on any other Common Property except for the storage yard near the North Gate provided for that purpose.
5.5. Boating accessories, such as covers, furnishings, appliances, coolers, fishing gear, etc. shall not be stored on the Marina docks at any time.
6. Boat Registration and Identification
6.1. All boats/watercraft stored or operating at any location in Big Canoe must have a current Registration Decal. These decals will be issued and managed by the Marina Office.
6.2. Registration decals must be displayed on the boat/watercraft.
6.3. All boat/watercraft brought into Big Canoe shall have a registration sticker prior to entry. Stickers will be available for purchase at the Gates. Any boat/watercraft without a sticker will be required to be stored at the Storage Facility across Steve Tate Highway.
6.4. Tenants and Guests wishing to operate a boat/watercraft in Big Canoe lakes must obtain a temporary permit from the Marina Staff.
7. Lake Petit Boat Space Rentals
7.1. Space rental gives the renter exclusive use of a defined area and all personal property inside that space. The rental space is only for boat/watercraft storage.
7.2. Property Owners desiring to rent spaces for on-lake storage of a boat/watercraft must call or meet with Marina Supervisor.
To be eligible to rent boat/watercraft storage space, an applicant must, at the time the Rental Agreement is executed, be a Big Canoe Property Owner in good standing as defined in the Covenants of the Association.
The assignment of such spaces shall be governed by a standard form of Rental Agreement between the applicant and the Association, and by all pertinent Rules and Regulations of the Association which may be in force either at the time of assignment or issued thereafter.
7.3. All Rental Agreements will be for a term of not more than one year, will have a common expiration date of December 31, and will be subject to an annual rental fee amount as established from time to time by the Board.
Existing Rental Agreements will be renewed automatically each year by the Association for an additional term of one year, provided the renter remains a Big Canoe Property Owner in good standing and is at the time in compliance with all of the terms of the maturing Rental Agreement and all Boating Rules and Regulations of the Association.
Existing renters who advise the Association, by December 1, of a desire not to renew will be excused from any renewal payment and must remove their boat from the space not later than December 31 of that year.
7.4. When there are more applications than available spaces, the Marina Supervisor will maintain separate chronologically-based waiting lists covering, respectively, rack spaces, pontoon boat spaces (spaces and slots), and fishing and small boat spaces.
The Marina Supervisor will manage the waiting list process.
As a Marina space becomes available for reassignment, the Association may either remove the space from the available pool and retain it for common use, or reassign it to another qualifying Property Owner.
The Marina Supervisor will first attempt to extend the offer by way of a telephone call to the named Property Owner on the list. Failing that, a written notification may be sent to the Property Owner.
If that applicant does not accept the offer within a period of seven (7) days following such offer, or is not at the time a qualified Property Owner, his/her name will be removed from that waiting list, and the offer will be extended to the next named applicant on the list.
Qualified Property Owners may place their names on more than one waiting list, and removal from one list will not affect their status on other lists.
7.5. Rental agreements may be voluntarily terminated by the renter of record at any time prior to its expiration. The Association shall not be obligated to reimburse Owners for any portion of the rental fee paid for the Boat Slip prior to termination. Rental Agreements may not be transferred by the renter of record to another party except as permitted under Sections 7.6 and 7.7 following.
7.6. The renter of record may arrange for one or more partners to be registered in the records of the Association. This must be accomplished through the Marina Supervisor. Such arrangements do not change the primary relationship between the renter of record and the Association. The Association will continue to communicate solely with the renter of record on all matters relating to the space rental, and the renter of record is solely responsible in the eyes of the Association for honoring all the terms and conditions of the agreement, and for complying with all appropriate Rules and Regulations.
7.7. A renter of record may transfer the rental of a space to one of his/her partners if that partner has been formally registered as a partner with the Association for at least two years, and if that partner is, at the time, a Property Owner in good standing.
Upon acceptance of such a transfer by the Association, the original Rental Agreement will be canceled, and a new Rental Agreement for the remaining term of the original Agreement will be executed between the Association and the new renter of record.
Where partnerships have not been registered for the required two years, the Association will consider, on an individual case basis, other compelling evidence indicating that the partnership has, in fact, been in effect for at least two years.
7.8. A renter of record who is a Property Owner in good standing may, at any time, transfer the rental of a space to his/her legal spouse.
7.9. When a renter of record becomes deceased, the Rental Agreement will be transferred to the surviving spouse if the spouse is, or becomes, a member of the Association in good standing. If there is no surviving spouse, the Rental Agreement may be transferred to a partner under the conditions outlined above. If there are no qualifying partners, the Rental Agreement will terminate.
8. Enforcement
8.1. Violations of Rule A.8 by Property Owners, Tenants, or Guests will be subject to sanctions in accordance with Rule A.1, General Enforcement Procedures except that violations of Section 5.1 above will also subject the violator to a first or second offense fine of $50 and result in a requirement to remove the boat from the lake immediately.
At the discretion of the General Manager, conditions of continuing violations may be addressed with an alternate provision other than that specified in Section 3.4 of Rule A.1.
This alternate provision permits the Association, after the ten-day grace period, to remove the offending watercraft, at the owner’s expense, from the lake to a storage location of the Association’s choice.
Notice of such removal will be sent by registered mail to the owner’s address of record, and the owner will have 60 days to correct the violation(s) and any conditions that caused the violation(s). During this 60 day period, the owner may obtain release of the craft by curing the above problems and by paying all assessed fines and expenses.
If, within 60 days, the owner has not corrected the violation(s), has not corrected any causal conditions, and has not satisfied any fines and/or expenses assessed as a result of this action, any lake space Rental
Agreement or lease associated with the craft will be terminated. In addition, the watercraft will not be released to the owner until all fines and assessed expenses are paid, and will include an additional $200 fine for missing the 60-day limitation.
8.2 All others who violate the above rules and regulations may be subject to a loss of rights to enter Big Canoe.
8.3 Violations of this Rule A.8 by Property Owners, Tenants, or Guests will subject the Property Owner to sanctions in accordance with Rule A.1, General Enforcement Procedures.
