Each Unit and the Common Elements shall
be occupied and used as follows:
- When a boat enters the Condominium, it immediately comes
under the jurisdiction of the Association and shall be maneuvered
as directed and berthed only within the Owner’s Unit
or as may be specifically authorized by the Association. Vessels
entering under emergency shall be reported immediately by their
owners to the Association. Boats shall not create
wakes.
- Nothing shall be done or kept in any Unit or in the Common
Elements which will increase the rate of insurance for the
Condominium without the prior written consent of the Board
of Directors. No Unit Owner shall permit anything to
be done or kept in his Unit or in the Common Elements which
will result in the cancellation of insurance on the Condominium
or any part thereof or which would be in violation of any law,
regulation or administrative ruling, including, without limitation,
laws and regulations regarding the dumping or discharge of
sewage and waste. No waste will be committed in the Common
Elements.
- No immoral, improper, offensive or unlawful use shall be
made of the Condominium or any part thereof, and all valid
laws, zoning ordinances, regulations and conditions of approval
of all governmental agencies, including, without limitation,
the Department of Health and the Marine Resources Commission
of the Commonwealth of Virginia and the Corps of Engineers
of the Department of the Army, having jurisdiction thereof
shall be observed. All laws, orders, permits (including,
without limitation, the Marine Permits), rules, regulations
or requirements of any governmental agency having jurisdiction
thereof shall be observed. All laws, orders, permits
(including, without limitation, the Marina permits), rules,
regulations or requirements of any governmental agency having
jurisdiction thereof relating to any portion of the Condominium
shall be complied with, by and at the sole expense of the Unit
Owner or the Unit Owner’s Association, whichever shall
have the obligation to maintain or repair such portion of the
Condominium, and, if the latter, then the cost of such compliance
shall be a Common Expense. The Unit Owners Association
shall have the right to take any action necessary to avoid
or debate any threatened violation of law or to prevent any
potentially threatening situation.
- No Unit Owner shall obstruct any of the Common Elements,
or shall any Unit Owner store anything upon any of the Common
Elements (except in those areas, if any, designated for such
storage by the Board of Directors) without the approval of
the Board of Directors.
- No Unit shall be used for other than marina purposes. As
used herein, “marina purposes” means the berthing
of boats owned by the Unit Owner or his tenant or their bona
fide guests.
- All boats shall be secured in their berths in a manner acceptable
to the Association, or the Association, after a notice to the boat
owners, may adequately secure the boat and assess a service fee. The
Association has no obligation to secure any boat or equipment and
has no responsibility for any such vessel.
- Each boat owner will supply the Association a set of main
door keys or hatch keys and ignition keys. The acceptance
of said keys is not to be considered in any way acceptance
of any responsibility for said vessel.
- Tenders and skiffs shall be stored on vessel when possible. Otherwise,
they must be placed where the Board of Directors directs at
a charge of Seventy Five Dollars ($75.00) per year.
- In the event of severe storm, hurricane, snow or ice, the
boat owner is solely responsible to take all emergency measures
possible, and the Association does not assume any responsibility
for protection and/or damages to the owner’s boat.
- The Common Element shall be used only for the furnishing
of the services and facilities for which the same are reasonably
suited and which are incident to the use of the Units.
- The Association strictly prohibits the use of unvented kerosene
heaters and wood burning stoves. Also, unattended electric
heaters are prohibited.
- No charcoal fires or open fires of any kind are allowed within
the confines of the Condominium, except where provided for
by the Association.
- Dogs will be admitted to the Condominium only under leash
and must not run loose on the grounds or other people’s
boats. They must be toileted only in the designated
areas.
- Young Children must be accompanied by adults at all times.
- No Unit Owner shall install any electrical, data transmission,
cable television or telephone wire, or television or communication
antenna or other machine, device or improvement to the Common
Elements without the prior written consent of the Board of
Directors.
- Except for such signs as may be posted by the Declarent for
construction, promotional or marketing purposes, no signs,
posters or advertisements of any character, including “For
Sale” signs, shall be erected, posted or displayed upon,
in, from or about any Unit or Common Element, except as authorized
by the Board of Director or by the Rules and Regulations of
the Unit Owners Association.
- Advertising or soliciting shall not be permitted in any part
of the Condominium.
- No Unit Owner shall discharge or dump any sewage or other
waste material overboard or from a pier. No objects of
any kind may be thrown overboard or from a pier. All
boats must be equipped with sanitary holding tanks and may
not discharge sewage, trash, petroleum products or other waste
overboard. Unit Owners shall comply with federal, state
and local environmental laws and regulations. Unit Owners
and their guests are to use the Condominium’s shore toilets
and pumpout facilities. All garbage and other refuse
must be placed in the receptacles provided by the Association.
- No Unit may be occupied as a residence on either a permanent
or temporary basis.
- All boats occupying Units must be safe and seaworthy. An
agent of the Association may periodically inspect boats for
seaworthiness, and order removal of any non-seaworthy boat. Boats
sunk in Units will be removed by the Unit owner within 12 hours
of sinking, or the Association may cause the removal of the
sunken boat at the expense of the Unit Owner. The Association
may prohibit certain contractors from providing services to
boats on the Units for cause relating to safety.
All boats that are required to do so:
- shall be fully equipped and operable for operation on the
sea, (except during the period of temporary repairs not to
exceed eight (8) days); (b) shall be equipped with all safety
of life at sea equipment required by Cost Guard regulations
and Federal, state and local laws; and(c) shall comply with
all licensing and registration requirements.
- No repairs other than routine maintenance may be performed
within Units. No cleaning of paint brushes will be allowed
against the piers, pilings or buildings. Drained
or waste oil and similar substances may not be left or poured
on parking lots or into storm drains. Removal of such
waste shall be done in an environmentally safe manner.
- Unit Owners shall not cause or permit any disturbing noises
or objectionable odors to be produced upon or to emanate from
their units. Without limiting the foregoing, the Unit
Owner, his tenant, guests or other occupants shall use discretion
in operating engines, generators, power tools (and other equipment),
radio, television sets, phonographs, loudspeakers, musical
instruments or other noise-producing apparatus or other equipment
so as to keep noise at a minimum at all times, and not to operate
any of the foregoing devices between the hours of 11:00 p.m.
and 9:00 a.m. except for operating boat engines for the purpose
of ingress or egress to and from a Unit. The use of power
tools outside of a boat docked within a Unit is strictly prohibited
at all times for all Units. Generators and engines may
not be operated for periods longer than one-half hour in any
eight (8) hour period. This Paragraph 4.2(1) is specifically
intended for the benefit of the Owners and occupants of the
Urbanna Harbour Subdivision as well as Unit Owners and occupants. Such
residents of Urbanna Harbour may enforce the provision by any
means permitted to a Unit Owner.
- Any boat stored in the Condominium shall be clean, painted,
uncluttered and suitable attractive in appearance so as not
to be an eyesore. Laundry shall not be hung on boats,
piers or finger piers in the Condominium.
Signed by P. Walton, Office of the Clerk of the Circuit Court
for the County of Middlesex on the 30th day of April 1993. |
