Channels of Communication

Channels of Communication


TABLE OF CONTENTS

SectionPage

WELCOME AND INTRODUCTION...... 2

CHANNELS OF COMMUNICATION...... 4

I.GENERAL RESTRICTIONS FOR

CONDOMINIUM AND MARINA...... 5

A. Bicycles and Motorcycles...... 5

B. Landscaping...... 5

C. Motor Vehicles and Parking...... 5

D. Noise...... 5

E. Parties and Entertaining...... 6

F. Refuse...... 6

G. Security...... 6

H. Soliciting...... 7

II.CONDOMINIUM ASSOCIATION...... 7

A. General Restrictions...... 7

B. Pets...... 9

C. Maintenance Responsibilities...... 9

III.SWIMMING POOL...... 10

IV.MARINA ASSOCIATION...... 12

A. General Restrictions...... 12

B. Guest Dock...... 15

C. Vehicles ...... 15

V.SALE OF CONDOMINIUM UNIT...... 15

VI.COLLECTION POLICY...... 16

VII.COMPAINT PROCEDURE...... 18

VII.ENFORCEMENT PROCEDURE...... 18

LOCAL INFORMATION...... 21

COMPLAINT FORM

Welcome and Introduction

Welcome to Marblehead Boat Club Condominium and Marina Association(s). As a member of the association(s) you are truly privileged to be part of one of the most unique, premier developments on Lake Erie. As a private condominium and marina property, each member (owner) is governed by the Declaration and Bylaws all members received upon their purchase of either a condominium and/or boat slip, and the Rules set by the Board of Directors.

The objective of the Declaration, Bylaws and Rules is to maintain Marblehead Boat Club as a premier property and to ensure the quiet enjoyment of all members. The covenants and rules are mostly common sense when taking into consideration the health, safety and comfort of all members, the liability of the association(s), and the enduring value of the property.

A Board of Directors is elected to manage the affairs of each Association(s) on behalf of all its members. An Annual Members Meeting shall be held the second Saturday of September each year, at which time Board members are elected. The Bylaws for each Association authorize the Board(s) to adopt rules, obligate the Board(s) to enforce the rules and regulations, and give them the authority to do so.

Board members serve without compensation for a term of three (3) consecutive years. There are no term limitations. Board terms are staggered so new members are elected every year. This arrangement was established to provide continuity of experience and service from one year to the next. Following its election at the Annual Meeting, each Board of Directors is organized by electing from among its members the following officers: President, Vice-President(s), Secretary, and Treasurer.

Regularly scheduled Board meetings are held throughout the year. Members are welcome to observe Board meetings.

The Board of Directors has created this handbook to communicate the Rules it has adopted and as a quick reference to highlight the covenants embodied in the Declarations and Bylaws that pertain to living and using the condominium and/or marina at the Marblehead Boat Club.

This handbook is intended to supplement, not replace the Declaration and Bylaws; therefore, if there should be an inadvertent discrepancy between what is in this booklet and the recorded documents, the Declaration and/or Bylaws shall govern.

Please take time to read this handbook now so you will be familiar with its contents. We recommend that you keep this handbook readily available and refer to it when necessary. You may also want to make it available to your guests or tenants. Additional information is also contained in the Declaration and Bylaws that you received when you purchased your unit and/or boat slip lease.

Thank you,

Board of Directors

Marblehead Boat Club Condominium Association

Marblehead Boat Club Marina Association

Channels of Communication

A professional management company has been retained by the Board on behalf of both Associations to handle the day-to-day operations of the condominium and marina property. The management company is responsible for the billing and collection of monthly maintenance fees, obtaining bids for services rendered to the properties, interfacing with selected contractors and association members . Any questions or inquiries should be directed first to First Realty Property Management127 W. Perry St., Suite 202, Port Clinton, Ohio 43452. Their phone number is (419) 732-0054, and they are on call 24 hours a day, seven days a week for emergencies.

The Board of Directors is responsible for making the decisions affecting the property.

The Board requests and appreciates your cooperation in respecting that the Board members are not employees and should not be contacted on Association related matters outside of Board meetings unless it is a matter of urgent importance. Board members are not individually responsible for resolving matters or making decisions. Decisions concerning the property are made during Board meetings held throughout the year.

If you wish to bring a matter to the attention of the Board please submit your proposal in writing to the management company at least 2 weeks prior to any board meeting. There will be a 20 -minute period prior to any regular board meeting for members to express their comments and concerns. Members may observe any regular board meeting but shall not participate.

Board updates will be communicated periodically through Newsletters.

  1. GENERAL RESTRICTIONS FOR CONDOMINIUM AND MARINA

A.BICYCLES AND MOTORCYCLES

The use of bicycles, big wheels, tricycles, skateboards and roller blades are prohibited on grass, sidewalks, boardwalks, and all paved areas except the Limited Common Element which is a ten (10’) foot by twenty (20’) foot area located immediately in front of the Unit’s garage door. Bicycles and motorcycles howevermay be ridden on the paved streets in and out of the complex only.

B.LANDSCAPING

The general maintenance of Marblehead Boat Club is taken care of by an outside landscaper with direction from the Management Company and Board of Directors. Members may place planters and other items, approved in advance by the Board of Directors, in the entrance porch area by your front entrance door. Nothing may be affixed by any method to the outside of a condominium unit without prior approval by the Board of Directors.

C.MOTOR VEHICLES AND PARKING

There shall be no parking of inoperable vehicles, trucks in excess of ¾ ton, boats, boat trailers, or recreational vehicles within the Condominium Property or Marina. The Board may enforce such regulations or restrictions by levying fines, having such vehicles towed away, or taking such action as it, in its sole discretion, deems appropriate.

D.NOISE

No noxious or offensive activity shall be carried on in any Unit, or upon the Common Elements, nor shall either be used in any way or for any purpose which may endanger the health or unreasonably disturb any occupant.

  1. The hours between 10:00 PM and 8:00 AMSunday through Thursday, and 11:00 PM to 8:00 AM Friday and Saturday are considered to be quiet time. Any continuing loud noise or conduct will not be tolerated.
  2. Playing of radios, music or other entertainment should, at all times, be kept to the immediate area of your condominium or boat.

E.PARTIES AND ENTERTAINING

All parties and entertaining by unit owners, guests or tenants must be held within the confines of the owners unit and their Limited Common Elements.

F.REFUSE

1.Refuse, trash and/or garbage shall not be thrown overboard in the BoatBasin.

2.Garbage shall be deposited in containers supplied for that purpose.

3.No person shall discharge sewage, wastewater, fuel, oil, spirits, flammable liquids or oily bilge water into the waters, entrance channels, or adjacent waters of the BoatBasin.

4.Charcoal or open flame fires will not be permitted on docks or vessels at any time.

5.No flammable, combustible or exposed fluids, chemicals or substances (other than fuel oil in the vessel’s engine system) shall be kept in any Boat Slip, vessel or other parts of the Restricted Premise.

6.All refuse; trash and or garbage shall be placed in the blue Allied Waste dumpster located across the street from the Marblehead Boat Club.

G.SECURITY

Security at Marblehead Boat Club is the responsibility of all. If you see someone you do not know or someone doing something wrong do something about it. Depending on the nature of the situation, approach the person and verify they belong here or call the police.

H.SOLICITING

Soliciting from outside vendors or organizations is prohibited.

II.CONDOMINIUM ASSOCIATION

Unit Composition: Each unit consists of the space in the building designated by the Unit’s designation on the Drawings consisting of the living areas that are bounded by the undecorated interior surfaces of the perimeter walls, the unfinished surface or the floor, and the unfinished surface of the ceiling, all projected, if necessary by reason of structural divisions such as interior walls and partitions, to constitute an complete enclosure of space, and all improvements within that space (This is your interior living space).

Common Elements: all of the Condominium Property, except that portion constituting a Unit.

Limited Common Elements: those Common Elements serving exclusively one Unit or more than one but less than all Units, the enjoyment, benefit or use which are exclusively reserved to the lawful occupants of that Unit or Units,i.e. decks, and entry alcoveareas.

A.GENERAL RESTRICTIONS

  1. No part of the condominium property shall be occupied in a manner, which will result in cancellation of, or the increase of the rate of any insurance policy maintained in respect of the Condominium property of which would be in violation of any law or regulation of any government authority.
  1. The Common Elements shall at all times be kept unobstructed and free and clear of all rubbish, debris and other unsightly materials. Unit Owners should not store or cause to be maintained anything within the Common Elements.
  1. No ornament, signs, awnings, shutters, antenna, transmitter, or any other device shall be affixed to or placed upon exterior walls or roof or any part thereof, unless authorized in advance by the Board; and are subject to such rules and regulations as the Board may adopt from time to time.
  1. Nothing shall be done on or to the Common Elements, which will impair the structural integrity of the residential buildings.
  1. The hanging of laundry, swimwear or towels on railings is prohibited.
  1. No personal property such as outdoor grills, picnic benches, chairs, swing sets, tables, and portable pools shall be permitted on the Common Elements. All such items shall be located upon the Limited Common Elements appurtenant to each Unit.
  1. Charcoal or gas grills and other open-flame devises are prohibited on decks or within ten feet (10’) of a multi-family residence as per Ohio Fire Code. Care must be taken to ensure that smoke or odors are not offensive to the neighbors.
  1. All basketball hoops, backboards or poles are prohibited.
  1. Each Unit’s thermostat must be maintained at a minimum setting of 55 degrees to guard against freezing.
  1. Defacing common property in any way is prohibited. Chalking of asphalt is permitted within the Limited Common Element (the ten foot by twenty foot area located immediately in front of the Unit’s garage door)and only with the provision that thechalk used is water soluble.

B.PETS

1.Household domestic pets, not bred or maintained for commercial purposes, may be maintained in a Unit provided that no animals shall be permitted in any portion of the Common Elements except on a hand-held leash accompanied by a responsible person.

2.No leashed animal shall be left unattended.

3.Owners must immediately clean-up after their pet(s).

4.The right of an occupant to maintain an animal in a Unit shall be subject to termination if the Board, in its full and complete discretion, determines that maintenance of the animal constitutes a nuisance or creates a detrimental effect on the Condominium or other Units or occupants.

C.MAINTENANCE RESPONSIBILITIES

1. ASSOCIATION RESPONSIBILITIES

The Association is responsible for the reasonable maintenance, repair, and/or replacement of the following:

a. Building exterior, foundation, roof, including front porches and decks.

b.Sidewalks and driveways.

c.Common utilities.

d.Master Insurance policy.

e.Gutters and downspouts.

f.Landscaping of common elements, including care and maintenance of trees, grass cutting, fertilizing and reseeding of lawn areas.

g.Signs

h.Common light fixtures

i. Common snow removal

Unit owners should report to the Management Company any requirement for repair, which would normally be the responsibility of the Association.

2. UNIT OWNER RESPONSIBILITIES

a. Interior maintenance and repair, including decorated surfaces, such as paint, varnish, lacquer, wallpaper, tile, and carpet, applied to walls, floors, and ceilings.

b.All windows, screens, and doors, including the frames, sashes, jambs, and hardware.

c.Garage space.

d.Cleaning and housekeeping of front porches and decks.

e. All plumbing and utility service lines inside the unit and serving only the unit.

f.Insurance on improvements/betterments and personal property/liability.

III.SWIMMING POOL

  1. ALL RESIDENTS AND GUESTS, INCLUDING CHILDREN, WHO USE THE POOL AND HOT TUB, DO SO AT THEIR OWN RISK.
  1. Tampering with mechanical pool equipment is prohibited
  1. Ball playing of any type is prohibited in the pool area
  1. Diving, running, pushing or roughhousing in or around the pool is prohibited
  1. Persons who have communicable diseases, skin disease, eye, ear or throat infections are prohibited from using the pool.
  1. Pool side furniture must be protected from oily suntan lotions by the use of a beach towel. Please do not reserve a chair with a towel or other article if you are not in the pool area.
  1. Consideration of others must be exercised when using radios, portable televisions or tape/CD/MP3 players in the pool area. The use of earphones is encouraged. No amplified music is permitted inside the pool area.
  1. For their safety and protection, children under 16 are prohibited in the hot tub unless under direct adult supervision.
  1. Pets are prohibited in the pool area.
  1. Non-toilet trained and/or incontinent individuals must wear “swim diapers” when using the pool.
  1. Cutoffs or other makeshift bathing attire is prohibited. Everyone who uses the pool must be properly attired.
  1. For their safety and protection, children under 12 years of age are prohibited in the pool area unless accompanied at all times by a parent or guardian. The parent or guardian is responsible for the child’s actions and behavior while at the pool.
  1. SMOKING AND GLASS CONTAINERS ARE PROHIBITED WITHIN THE POOL AREA AT ALL TIMES.
  1. Sustained loud or boisterous activities are not permitted
  1. Any person who violates these rules, who engages in horseplay in or around the pool, or who creates or participates in a disciplinary problem shall be dismissed from the pool area.

IV.MARINA

The marina is for the exclusive use of Boat Slip Lessees and their guests. Each Lessee is responsible for any damage, which he, his family, his guest(s), or his boat causes any individual or the Marina facilities and to the property of others.

Boat Slips shall mean collectively that part of the BoatBasin which is subject to exclusive use by the lessees of Boat Slip Leases, consisting of twenty-four (24) separated spaces for boat dockage, containing only horizontal boundaries. Lessees are entitled to the use of the horizontal slip (water surface).

Common Areas shall mean all areas of the Boat Basin, which are not Boat Slips, including without limitation, all land area within the Boat Basin, the docks within the Boat Basin, the Basin walls, the fire pit, shoreline and bed of the Boat Basin and the Boat Basin break wall, and the areas of Lake Erie partially enclosed therein, all utilities and boat and pedestrian ramps servicing the Boat Slips.

Restricted Premise shall mean the Boat Basin Property and Common Areas.

A.GENERAL RESTRICTIONS

  1. When a vessel enters the BoatBasin, it immediately comes under the jurisdiction of the Marblehead Boat Club Marina Association (Association).
  1. Fueling of vessels in the BoatBasin or any part of the Restricted Premise is prohibited.
  1. No vessel shall be operated in the BoatBasin so as to create a wake.
  1. Only acceptable pleasure vessels, in good condition, and under their own power, shall be permitted in the BoatBasin.
  1. No Member shall moor a vessel that is longer in length than the lineal footage of such Member’s Boat Slip. All moorings must be contained within the slip configuration.
  1. No hydro-hoist or similar device shall be permitted.
  1. Major repairs and/or retrofitting of vessels at dockside is prohibited
  1. The sidewalks, slips, docks, uprights, piers, catwalks, parking areas, entrances and any portions of the Restricted Premise shall not be obstructed, carpeted, nor used for any purpose other than for access to utilities and ingress and egress to and from dockage areas; nor shall any carts tables, maritime equipment or other objects be stored anywhere on the Restricted Premise, except in vessels.
  1. No motorized vehicle, bicycle, skateboard, cart or any other wheeled vehicle shall be ridden, driven, stored, or otherwise permitted on the lawn, piers, docks, sidewalks, catwalks, bulkheads or other Boat Basin Property not specifically designed or designated for such use.
  1. No swimming, diving, or other water sport is permitted in the Restricted Premise.
  1. Laundry of any type or any item of personal or unsightly nature shall not be hung or spread to dry or air in public view from any vessel or slip.
  1. No Boat Slip or vessel shall be used for commercial fishing, party boats, or charters within the Restricted Premise.
  1. No automobiles or similar vehicles shall be parked upon the Restricted Premise.
  1. Pets shall be on a hand held leash within the confines of the Boat Basin Property and shall not disturb other Members for the quiet enjoyment of the Restricted Premise. Pet owners shall immediately clean up after their pets.
  1. The use of spotlights, floodlights and/or other lighting in such a manner as to adversely affect the safety and/or comfort of others is prohibited.
  1. All children under sixteen (16) years of age must be accompanied by a responsible adult when entering and/or utilizing the Boat Basin Property and any part of the Restricted Premise.
  1. Playing, running, roughhousing, and /or any sports activity are prohibited on the docks at any time.
  1. Children shall be the direct responsibility of their parents or legal guardians, including full supervision of them while within the Restricted Premise and including full compliance by them with all Rules.
  1. No dock boxes, picnic tables, grills, lawn furniture, awnings, umbrella or any other personal property shall be permitted upon the Restricted Premise.
  1. No vessel shall be occupied overnight.
  1. Wave runners and other such small watercraft are to be operated by individuals with driver’s licenses, per Ohio law. Marblehead Boat Club supports all Ohio laws and as such violations will be reported to the proper authorities.
  1. No fish cleaning allowed on the docks or anywhere in the Common Areas or Restricted Premise.
  1. All hoses must be white.
  1. Throwing rocks is strictly prohibited at all times.
  1. No vessel shall cause a wake in the Restricted Premise.
  1. Boat Slip Lessees shall not sublet to anyone other than fellow Marina Association members.

B.GUEST DOCK

Unit Owners should make reservations. The reservation procedure will be outlined periodically in the newsletters.