Derelict and/or Dilapidated Boats Policy Approved March 7, 2007
Pursuant to the Rules and Regulations of Dawn Lake Homeowners Association, Inc., the Board has the authority to and may remove derelict and/or dilapidated boats from Dawn Lake at the homeowner's expense.
Definitions:
Derelict:
Deserted by an owner/keeper, abandoned, unsafe. A boat that is nonoperational, in run-down, dilapidated condition. A boat whose owner is neglectful of duty or obligation.
Dilapidated
Fallen into partial ruin or decay. Unsightly
Note - A boat that is derelict and/or dilapidated and is covered by a tarp or any cover to conceal its condition is still considered derelict or dilapidated.
Process
1. Reports of derelict or dilapidated boats are to be given to the Dock/Boat Committee or the Board of Directors. The Dock/Boat committee has the authority to periodically review the condition of boats on Dawn Lake.
2. The Boat/Dock committee will make an assessment of the boat from the lakeside. When a boat appears to be derelict or dilapidated, a report detailing the problems and a photo will be forwarded to the President of the Board.
3. The Board will personally review the condition of the boat to make a final determination whether it is derelict and/or dilapidated.
4. The Board of Directors will contact the boat homeowner.
1st contact with the boat owner will be verbal. The Board will advise the Homeowner of the derelict/dilapidated boat, discuss the situation, and suggest a plan and time commitment for completion of repairs or removal of the boat from Dawn Lake.
2nd contact. If the boat is not repaired or removed by the committed date, the Board will issue an official written notice to the Homeowner. This notice will be sent by registered or certified mail.
The Board's written notice will: advise the owner of the derelict and/or dilapidated boat ; detail the problems and condition; state that the homeowner has forty-five (45) days to either repair the boat, correct the problem, or remove the boat from Dawn Lake. The notice will also advise that the Board has the authority to have the boat removed from Dawn Lake, which will be done at the homeowner's expense.
3rd. If the boat is not repaired or removed by the deadline stated in the official notice, the Board of Directors will schedule a hearing with the homeowner and/or schedule an Executive Meeting.
The Board of Directors will proceed to have the boat removed from Dawn Lake. All costs relating to the removal of the Homeowner's boat shall be the responsibility of the Homeowner who will reimburse the Dawn Lake Homeowners Association Inc. in full.
The Board of Directors shall have the right, on behalf of the Dawn Lake Homeowners Association Inc. to collect all costs, court costs, attorney's fees, property lien on lt, and all damages together with interest thereon at twelve percent (12%) until paid, shall be charged to the non-complying Homeowner.
References:
Dawn Lake CC&R's - Articles 1.2, 3.1, 8.1 ,8.2, 8.3 & 8.4
Dawn Lake Bylaws - Articles 3.8-1, 3.9-7
Rules and Regulations for use of Dawn Lake