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Ballena Bay Townhouse Association
Massingham & Assoc.
Attn David Boone
1855 Gateway Blvd, Suite 300
Concord, CA 94520

Tel: (925) 405-4900

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BBTA HOMEOWNER FLOAT POLICY


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.