
Ballena Bay Townhouse Association
Massingham & Assoc.
Attn David Boone
1855 Gateway Blvd, Suite 300
Concord, CA 94520
Tel: (925) 405-4900
Adopted November 12, 1996
Background
The Association owns approximately 80 floating dock slips for the use
and enjoyment of the homeowners and guests. The Association is responsible
for the maintenance of these docks.
Over the years other non-association floats have been tied up to the permanent
docks at various locations. These floats have, in some cases, been used
as a dingy dock providing extra space for small sail boats, canoes, kayaks
and dinghies.
The Association is not responsible for the maintenance and upkeep of such
non-Association floats even though they may have been tied to the permanent
dock system for some time. In 1995, several of these floats broke loose
during a storm and caused damage to Association's common area property
(docks and ramps). At the time, many of the floats were badly deteriorated
and had not been maintained by their owners. Several homeowners expressed
a desire to keep the floats, but are were not clear on who was responsible
for their maintenance and liability.
Private floats were not specifically addressed in the CC&R's nor in the
Association's Bylaws. Thesee floats, while providing a benefit to some
residents, have created a liability to the Association. Accordingly, the
following Board policy has been enacted for the benefit of both individual
homeowners using such floats as well as the entire Association.
Float Policy
A float is defined as any non-powered floating platform that is not part
of the original dock slip system that is tied, hinged or otherwise attached
to the original dock slip system.
Existing Floats
A survey will be made by the Waterside Committee to determine the number,
size, location and condition of floats within the system. Residents of
each townhouse dock at which such a float exists will be contacted to
determine if they wish to retain its use.
If the float is claimed, the homeowner(s) will be asked to sign an agreement
(Exhibit A) in which the homeowner(s) will agree to
o Upgrade or repair the float as needed if the Waterside Committee determines
that the float is in need of repair or maintenance.
o Be responsible for any property damage or injury which might occur as
a result of the use of such float(s). The homeowner(s) will also name
the Association and its board on their homeowners' insurance policy as
an additional insured or interested party.
o Be responsible for properly securing, and maintaining the f1oat(s).
o Remove the float and properly dispose of it at such time it no longer
serves a useful purpose to those homeowner(s) who have elected ownership
of such float(s).
Those floats which are not claimed for use or those which are secured
in such a way as to stress or damage the permanent dock system, will be
removed by the Association and disposed in order to protect the Association's
permanent dock slip system.
New Floats
Those homeowners who wish to add a float where is space and sufficient
depth exist, must make a written request of the Waterside Committee. This
request must include a BBTA Float Agreement, a drawing showing the size
and location of the proposed float as well as a complete specification
of the proposed float including vendor, materials and construction. In
the case of a used float, the Waterside Committee reserves the right to
inspect the float as part its evaluation process. The Board reserves the
right to deny any such request on the basis that the float affects the
safety, utility, use of space or aesthetics of the Association common
area.