Effective Date - October, 2009
Statement of Purpose
The Downs on Severn, Brewers Creek Marina (BCM) is intended primarily for launching and landing currently registered (if required by Federal/State law) boats (22 feet or less), and jet skis, as well as for storage of actively used trailers. The BCM is notfor long term storage of boats, jet skis or trailers that are not used on a seasonal basis. The Brewers Creek Marina and Clements Creek Marina are run by different committees and therefore guidelines and rules may differ.
Qualifying for Space at the Marina
All Downs on Severn property owners and residents in “good standing” are entitled to use of the BCM. “Good standing” as used herein indicates that a Downs property owner is current with Homeowner’s Association Dues.
Downs on Severn property owners mayhave one boat/trailer at the marina. In the case of jet skis, two jet skis (or other small boats) on one trailer will be considered one boat. Any property owner keeping a boat and/or trailer at the BCM access area must have and show evidence of 100% ownership in the boat or jet ski and the trailer. The committee requires current proof of ownership.
Application Process and Assigning and Maintaining of Spaces
A season for the Brewers Creek Marina Committee (BCMC) is January through December. All space holders are required to provide annual renewal applications to the BCMC each year by January 15. If the documentation noted below has already been provided to the BCMC and is up-to-date, only the renewal application is required. If the space holder’s boat, trailer or jet ski have been changed, then new documentation needs to be provided to the BCMC at the time this change takes place.
New applications will be accepted by the BCMC any time of year along with the following documentation:
All boats and trailers must be registered with the BCMC and must bear current state or federal registration, per government requirements for size and motor. Trailers stored at the marina must have a boat owned by a Downs on Severn property owner associated with it.
Boat/Trailer spaces are limited to one (1) space per Down’s household. If the marina is full, a wait list will be maintained with accommodation made on a first come, first served basis. Any household desiring more than one (1) space shall be wait-listed on a space available basis and will only be assigned a space if no other owner is on the wait list. Owners with more than one space must relinquish the second space immediately if requested by the BCMC.
A numbered space for each boat/jet ski/trailer shall be assigned to the owner by the BCMC. The boat/jet ski/trailer must remain in its assigned space only AND must remain on the paved parking lot. In order to best utilize the spaces in the marina, it may be necessary for the BCMC to re-assign spaces from time to time. The committee will make reasonable efforts to coordinate such activities with the affected owner(s).
In the case that a marina member with an assigned space should sell their approved boat, the owner will have 90 days to purchase a new boat without losing their assigned space.
Rules for BCM Use
Loss of Assigned Space and Appeals
Any boat or jet ski without valid and current state or federal registration shall be considered to be derelict. Boats and jet skis will be monitored by the BCMC and if a boat or jet ski is declared inactive by the committee, the homeowner will be required to remove it within 30 days of written notification. Any boat, jet ski or trailer not registered with the BCMC will be removed at the owner's expense and risk.
Any abandoned or derelict boat, jet ski and/or trailer will be removed at owner's expense and risk. The marina is not to be used as long term storage. A boat, jet ski or trailer that has not been used for one year will be considered abandoned or derelict. The committee will make reasonable efforts to contact and notify owners of boats/jet skis/trailers that are at risk of being removed. If the owner does not respond within 10 days and /or the committee cannot determine ownership, the boat/jet ski/trailer will be considered abandoned on private property and may be sold and the proceeds retained by the Downs on Severn.
A property owner or resident has the right of appeal decisions made by the BCMC after first presenting their appeal at a meeting of the entire committee. Further appeal of BCMC action can be made to the Board of Directors of the DPOA. The Board's decision will be final.
The BCMC is not liable for damage or theft of any boat, jet ski, or trailer stored at the BCM or injury to persons using the marina. Homeowners accept all liability associated with storage and use of the marina.