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RULES AND REGULATIONS

For

THE DOCK CLUB AT PINE KNOT LANDING

As an Owner of an Undivided Interest at The Dock Club at Pine Knot Landing, you also hold a membership in The Dock Club at Pine Knot Landing, a California nonprofit, mutual benefit corporation (the "Association'). Your rights and obligations as a member of the Association are set forth in the Declaration of Covenants, Conditions and Restrictions for The Dock Club at Pine Knot Landing (the "Declaration") and the Bylaws of the Association, together with these Rules and Regulations.

The following Rules and Regulations have been established for the benefit of all Owners. These Rules and Regulations supplement the Declaration, but do not change the obligations of an Owner under either the Declaration or the Articles and Bylaws of the Association, or the Commercial Boat Landing Permit issued by the Bear Valley Mutual Water Company and subsequently assigned to the Big Bear Municipal Water District (the “Governing Instruments"). The Rules and Regulations may be amended from time to time by the Board of Directors of the Association. Violation of these Rules and Regulations may result in fines or other disciplinary proceedings in accordance with the Declaration.

The Dock Club at Pine Knot Landing is located at 400 Pine Knot Avenue, Big Bear Lake, California 92315. Generally speaking, the Association manages the boat docks, concession areas, landscaping, parking areas, and the physical components of the Project. The Association also handles the accounting and budgeting process, including assessment billing and collection and accounts payable". AII Owners and users of The Dock Club at Pine Knot Landing are required to abide by the Declaration, as well as these Rules and Regulations, with respect to the ownership and use rights that members of the Association have in such facilities.

Compliance with these Rules and Regulations will assure that the expectations of Owners for a first class, privately owned recreational facility will be met, that the Project will not become subjected to necessary damage or destruction, and that therefore your maintenance fees will be kept at a minimum.

USE OF THE PROJECT

As a member of The Dock Club at Pine Knot Landing, you have the right to use of the Project Common Areas, including the parking areas, and any other amenities which the Association may provide. This use is nonexclusive use (shared with other Members and their guests).

The Board of Directors of the Association has the right to set and adjust the hours of operation of the Dock Club facilities in accordance with Member demand and concession agreements.

The club facilities will likely have full time management and 24 hour security located on the Dock Club site.

 

ASSIGNED MOORAGE UNITS

You will have the exclusive right to use and occupy your Assigned Moorage Unit 24 hours per day, for the purpose of storing and using a suitable boat. You will have the nonexclusive right to use the launch ramp or future dry launch facility and the Docks and Dock Systems, including the gangways, ramps and fingers as reasonably necessary or desirable for ingress/egress to and use of your Assigned Moorage Unit. The initial Moorage Unit assigned to you by the Association is the Moorage Unit identified in your Purchase Agreement.

Reassignment. The Board of Directors of the Association reserves the right to reassign you to another Moorage Unit if, in its reasonable judgment, a reassignment is necessary or desirable in connection with its overall management of the Project. Your Moorage Unit may be temporarily or permanently reassigned, for example, for the following reasons:

Damage or destruction to any of the Dock Systems;

(c)            Accommodating your needs and desires and those of other Members for particular locations, after considering such things as wind conditions, depth, draft of your boat, type of boat (sail vs. motor), size and length of boat in relationship to slip size, difficulty of entering/leaving the Moorage Unit, your physical handicaps or limitations, compatibility of you and your boat with others assigned to Moorage Units near yours, and for any other reason in the Board's discretion; and

(d)            Government regulations such as Code, Fire, and Americans with Disabilities Act (ADA) concerns.

Notice of Reassignment. The Board, or its manager or managing agent may temporarily reassign you to another Moorage Unit upon verbal notice to you. The Board may permanently reassign you to another Moorage Unit only after written notice to you and, if you object to the reassignment a hearing at a Board meeting at which you are entitled to be present and present your objections to the reassignment to the Board.

DOCK RULES

You must at all times use the Docks in a manner which is consistent with the private, recreational enjoyment by Owners and their guests. You should avoid any conduct which would tend to be an annoyance or a nuisance to the other boat owners and guests. The following rules will apply:

1. When leaving your boat unattended, make sure it is covered and well secured to the cleats in 5 places, including a proper four (4) point tie. Management may relocate or add cleats as needed and will instruct Owners in proper boat tie requirements. It should also be kept closed up, and all trash/tools/sails or other personal property should be removed from the docks and the boat or be properly stowed down below. At least (4) fenders should be appropriately attached, two on each side.

2. This is not a live-aboard marina you may not live aboard your boat. Staying overnight is permitted for not more than 7 consecutive nights, nor more than 30 nights per year. Please notify the Manager and security if you intend to stay overnight on your boat so he will be aware of your presence for security reasons. There are no hook-ups for live-aboards. Any discharge of any materials whatsoever into the lake is prohibited. If you stay overnight on your boat, it must be self-contained with appropriate holding tanks for both head and gray water discharge. There are no pump-out facilities at the marina. However, pump-out by using a pumping contractor truck can be arranged by management at the launch dock. Future phases of the project are expected to have holding tank pump-out service at the fuel dock.

3. A few water bibs and electrical outlets are available on each dock for the convenience and temporary use by the Members. Use of the water and electricity is intended for routine cleaning and maintenance, and not for operating your boat's lights, plumbing or appliances. If you have the need for extended or overnight use of an electrical hookup, you will be responsible for the costs of electricity which may be measured by a portable electric meter.

4. If you should find an unattended boat in your Moorage Unit without your permission, notify the Manager before attempting to move the boat to another Moorage Unit.

5. Never enter another person's boat without their permission.

6. If you adjust another person's dock lines for safety purposes, please do so with equal regard to that person's boat that you have for your own boat, and notify the on-site Manager.

7. Boats which are unseaworthy, unsightly, unmaintained, or which continuously take on water are not permitted.

8. Big Bear Lake freezes over in the winter. Winter use of the in-the-water Moorage Units is not prohibited, but is not recommended. If you intend to leave your boat in the water during the winter, your boat may be moved to a slip, end tie, or mooring which is serviced by a de-icer to keep the water from freezing. Each boat that remains in the water during the winter will need to be surveyed by Management for in-water winterization capability.

9. No boat may be more than 26' in length. The facility has slips of 18', 20', 22', and 24' in length. Your boat must be parked in such a way that it does not create a hazard to navigation. A boat length may not exceed the slip length, except that a 26'boat may occupy a24'slip. Slip type will also vary. A pontoon boat will not be allowed in a "Vee" type slip.

10. All boats must have proper private boat permits for use on Big Bear Lake. All boats will be required to have a current state (CF or out-of-state) registration sticker. In addition your boat must be registered with the Manager. 

11. You are responsible for your own boat's safety and maintenance. One of the Manager's responsibilities will be to look for boats that are suffering from damage, neglect or abuse. However, the Association assumes no responsibility for damage to or loss of your boat or its contents. You will be required to maintain a minimum of $500,000 in general liability, theft and hazard insurance on your boat, naming the Association as an additional insured.

12. Loud noise or music, loud motors, excessive smoke, discharge of fuel or oil, or other behavior which creates an annoyance or nuisance to other owners and guests is prohibited.

13. Hand fueling of boats is prohibited under the Conditional Use Permit and local Fire Marshal Regulations for the Project. Emergency fueling or towing to the fuel dock can be arranged with facility management.

14. All boats operated within the vicinity of the Docks shall do so as to create no wake and at a maximum speed of 3 miles/hour.

15. The Association will be responsible for any and all fees charged by the Big Bear Municipal Water District under the Commercial Boat Landing Permit arising out of the use or ownership of your Assigned Moorage Unit.

16. Deck shoes or some type of foot covering is required at all times while on docks, gangways, and within the Dock Club facilities

17. Children six (6) years of age and younger are required to wear a personal flotation device (PFD) or life jacket properly sized while on the Dock Club docks and gangways.

18. No fishing is allowed from any dock or gangway. Fishing is permitted from an Owner's boat and from designated shoreline areas.

19. No BBQ's are allowed for fire safety purposes on any dock, except in designated Dock Club facilities. BBQ's used on boats must be of propane and ceramic element t1pe. No charcoal type BBQ's are allowed on docks or boats within the Dock Club facilities

20. Animals must be kept on a leash no more than seven (7) feet long while in the Dock Club facilities.

21. Any boat or vehicle oil, oil filters, batteries, or hazardous waste may not be disposed of at any trash bin or collection point within the Dock Club facility. There may be authorized disposal locations provided by management or by the service concession subject to containment requirements and permits of local and county jurisdiction.

22. Any outside mechanical, canvas, or maintenance service personnel or company must be approved by and meet Association requirements, including providing insurance certificates.

23. At management's discretion, emergency (i) haul-out, (ii) bilge service, (iii) pump out, and (iv) cover repair, etc, may be performed by service concessions and billed directly to the Owner/customer.

24. If you have prior written consent from the Association to install and maintain a boat lift in your Assigned Moorage Unit, of any approved type, including but not limited to a Hydrohoist or similar lift, you shall continually comply with the following:

(a) At least once per year, you will clean the complete lift structure, pump, hoses, levers, arms, brackets, tubes, floats, and any other surfaces of the lift both under the water for algae and above the water for general cleanliness.

(b) You will pay an annual Personal Charge fee directly to the Association for increased costs of continuing maintenance on your Assigned Moorage Unit and the Dock Systems. The initial amount of the Personal Charge shall be Twenty Five Dollars $25.00 per year. The fee shall be subject to change by the Board from time to time.

(c) Upon assignment or transfer of your Moorage Unit, you will be responsible for, and shall pay for, removal of your boat lift unit and restoration of the Assigned Moorage Unit and Dock Systems as a result of the installation and use of the boat lift. This rule also applies to you if you are required to move to a new Assigned Moorage Unit as a result of action taken by the Board under the Reassignment provisions of these Rules and Regulations, If you attempt to transfer your ownership to another owner, you will either pay for the removal of your boat lift or arrange for your buyer's continued use of the boat lift by disclosing these rules to the buyer and supplying buyer's executed consent form to the Association under the provisions of Section 9.4 of the Declaration. Any failure to pay for removal shall become a lien against the Owner's interest and shall be enforced under the provisions of the Declaration and the By-Laws.

(d) You will obtain, complete, execute and the lodge the original of a boat lift consent four from the Association. The approval for the boat lift and the boat lift form shall comply with rule 22 above and with the Declaration.

WATER DISTRICT RULES

Big Bear Lake is managed by the Big Bear Municipal Water District. All Owners, renters, and their guests must observe the rules and regulations of the Big Bear Municipal Water District when utilizing the lake for boating, swimming, fishing, or other purposes. A copy of the current Summary of Regulations is attached hereto.

RENTALS

The Project is designated for the private use by Members and their guests. It is not designated as a commercial moorage rental facility. Rentals of your Assigned Moorage Unit is permitted, however, under circumstances which do not materially abridge the use rights of Members or materially increase the maintenance costs of the Project.

All rental guests are expected to obey these Rules and Regulations. Violations by your renters will be treated the same as if you violated the rules, and the Association may impose fines against you and discipline you for the conduct of your renter.

The Association reserves the right to require rental security deposits or rental fees if it finds that renters are causing excessive damage or increasing the administrative or maintenance costs of the Project.

The Association and the Manager will oversee all rentals. All renters not handled by the Association are required to check in with the Manager.

USE OF FACILITY

 

All Owners will have the right to year round access to the facility during the hours of operation as set by the Board of Directors. Owners using the facility are responsible for leaving the facility in a clean, sanitary, and secure condition.

 

RENTALS SECTION OF

DOCK CLUB ASSOCIATION RULES AND REGULATIONS

The Project is designated for the private use by Members and their guests. It is not designated as a commercial moorage rental facility. Rentals of your Assigned Moorage Unit are permitted, however, under circumstances which do not materially abridge the use right of Members or materially increase the maintenance costs of the Project.

All rental guests are expected to obey these Rules and Regulations. Violations by your renters will be treated the same as if you violated the rules, and the Association may impose fines against you and discipline you for the conduct of your renter.

The Association reserves the right to require rental security deposits or rental fees if it finds that renters are causing excessive damage or increasing the administrative or maintenance costs of the Project. The Association and the Manager will oversee all rentals. All renters not handled by the Association are required to check in with the Dock Club Management prior to occupying their assigned slip.

All Dock Members who wish to "direct rent- out their assigned slip will pay a $50.00 fee to the Dock Club Association for processing the requisite documentation for the rental of a member's assigned slip. Also the Dock Club Association will require from all Dock Club members who choose to "direct rent' their assigned slip to provide a signed Waiver of Liability form before the direct rental can be completed. All boat operators whose boat occupied a Dock Club Member's Moorage Unit with the permission of the Members shall be deemed to be "direct renters", whether or not actual rent is paid to the Dock Club Member.

Both the payment of the processing fee and the signed Waiver of Liability must be on file with the Dock Club Management office before the "Direct Renter?' can occupy the Dock Club member's assigned slip,

The Dock Club Association will require from all "direct renters' proof of the following items before they can occupy the assigned slip:

a) Copy of their current State vessel registration;

b) Copy of their current Big Bear Lake permit

c) Copy of their current certificate of insurance, naming the Dock Club @ Pine Knot Landing as additional insured with a minimum of$500,000 in general liability, theft and hazard insurance.

d) Completed Emergency Contact information sheet

e) Copy of their current Quagga Mussel Inspection

When both the Dock Club member and the "Direct Renter” are in compliance with these Rules and Regulations, the Dock Club Association will furnish the "Direct Renter'' with the following:

a) Current copy of the Dock Club Rules and Regulations;

b) Current year "Dock Club Renter" sticker to be placed in the correct designated area of the vessel;

c) Current year facility parking passes

d) Current combinations for gangway gates and restrooms

In the event that a Dock Club member "Direct Rents" out their assigned slip without notifying the Dock Club Management paying the $50.00 processing fee and signing a Waiver of Liability, the Dock Club Management will assess a $350,00 Personal Charge for non-compliance with the governing documents. This personal charge will be due and payable immediately to the Dock Club Association. This Personal Charge shall be enforceable in accordance with Sections 5.1, 5.8, 6.1 and 6.2(a) of the Declaration of Covenants, Conditions and Restrictions for The Dock Club @ Pine Knot Landing.

Any "Direct Renters" found to be occupying an Assigned Moorage Unit without complying with these Rules may be treated by the Management as a trespasser on private property.

PARKING

 

Parking is allowed in the parking lot only. Parking spaces are not assigned. There is no parking for oversized vehicles. There is no overnight parking except with approval of the Manager. Please notify the Manager if you intend to park overnight. There is no trailer parking available on-site. There are a few temporary combination vehicle/trailer parking spaces available for Owners and their guests while using the launch facilities only.

Access to the Dock Club parking shall be by a key or card-entry security gate. The Association reserves the right to charge for lost keys and to re-key and charge for new keys if it determines there is a need for security purposes.

The Association is not responsible for lost/stolen vehicles or other property of Owners and or guests or renters

PERMITTED USERS (GUESTS)

You may permit your guests to use your Assigned Moorage Unit and Membership without charge by the Association. You must accompany your guests while using your Assigned Moorage Unit and other facilities, or the same restrictions will apply to your guests as apply to renters (see “Rentals”, above). You will be responsible for your guests' conduct, and you may be fined or disciplined if your guests violate these Rules or the Declaration.

COMMON AREA

No soliciting of goods and services or religious or political activities shall be permitted on the premises unless approved by the Board of Directors.

Bicycles and related items shall not be left or allowed to stand on any part of the premises, other than within the confines of any area set aside or assigned for such purpose.

Skateboards, bicycles and related vehicles shall not be operated on walkways or sidewalks or Docks.

Equipment totes in and around the Dock Club have been provided for the safety, comfort and convenience of all Owners and guests and, therefore, shall not be altered, removed or transferred to other areas.

Each Owner/guest shall be held personally responsible for any damage or destruction to any Common Area or furnishings caused by themselves, their children, their guests, or their renters.

ENFORCEMENT OF THE GOVERNING INSTRUMENTS

The Board and each Owner expect that all Owners and their guests will comply with the requirements set forth in each of the Governing Instruments, to assist the Board and the owners in assuring compliance with the provisions of these documents; the Board has delegated certain enforcement responsibilities to the Manager. While at the Project, each Owner and other occupant is expected to comply with the directions of the Manager. If the Manager advises you that your conduct violates any of the Governing instruments, you should cease immediately and refrain from committing the offending conduct.

The failure by you or your guests to comply with the Manager's instructions or directions may result in the imposition of a Personal Charge of Fifty Dollars ($50.00) per violation, plus all incidental expenses incurred to bring you into compliance. Payment of the Personal Charge is due within fifteen (15) days following your receipt of a written statement from the Manager or the Board. If payment is not received, you will become personally liable for the charge.

If you fail to pay any fees relating to these Rules and Regulations, the Association shall have all remedies available to it at law or in equity (including maritime law), including the right to impound your vessel, and to lien the vessel for such unpaid fees. A lien on your vessel could result in foreclosure of said lien and the sale of your vessel in accordance with the California Uniform Commercial Code.

You may contest an alleged violation of the Governing Instruments and the imposition of a Personal Charge by notifying the Board in writing of your intention to appear at the next regularly scheduled meeting of the Board. If the Board, after your appearance, rules in your favor, the violation will be dismissed, the Personal Charge will be nullified and any amount paid by you to the Association with respect to the Personal Charge will be refunded to you within fifteen (15) days following the Board's decision.