1. General Statement

Every homeowner of South Bay Cluster Association (SBCA) shall enjoy equal access and rights to the Associationís dock, canoe spaces, and mooring sites.


2. Boats

All allowed pontoon boats, canoes, and other water craft moored or stored on common property of SBCA shall bear a registration sticker issued by the Association.The SBCA Board reserves the right to remove from SBCA property any pontoon boat, canoe, or other watercraft not bearing the appropriate registration sticker.


3. Dock†††††††††††††††††††††††††††††††††††††††††

A.The SBCA dock is for the exclusive use and enjoyment of SBCA homeowners and their guests when accompanied by a homeowner.


B.No boats of any type, at any time, except for immediate loading or unloading, may be moored to the right hand side of the SBCA dock, chained to an adjacent path or at any time stored upon the dock.


C.With the exception of canoes (or other water craft of appropriate size) stored at the appropriate sites, no chairs or other furniture, sun umbrellas, coolers, or other equipment may by stored on or near the dock or on any other common property of the Association.Inappropriate items left on common property are subject to removal without notice.


D.Children 16 years old or younger shall not use the dock unless accompanied by an adult SBCA member.


4. Mooring sites


Pursuant to the covenants of the Association, no more than three boats may be moored to the SBCA dock.


B. Maintenance

                            I.      SBCA will maintain the cluster dock.


                          II.      Boats moored at SBCA dock must comply with the covenants and rules adopted by Reston Association for Reston lakes.


                       III.      The allocation of a mooring site to any SBCA homeowner in no way entitles that homeowner to alter the mooring site, including constructing or installing any structure, apparatus, wiring for electricity, posting signs, or installing any landscaping that is not first approved in writing by the SBCA Board, consistent with DRB guidelines, and given appropriate review and approval by DRB.


                       IV.      Boat owners, in mooring their boats, and all SBCA homeowners, in using the common dock of the Association, must abide by the rules and regulations of the appropriate state and county agencies, including, but not limited to, the Chesapeake Bay Preservation Act.This includes unapproved clearing of vegetation, cutting back trees or bushes, digging, or adding materials to the shoreline.Any fines or mitigation required for violations of that Act by a boat owner or other homeowner of SBCA shall be the responsibility of that homeowner.


5. Allocation of mooring sites

A. Existing boats

Any SBCA homeowner who owns a boat that can only be appropriately stored on the lake at a mooring site, and that boat was on Lake Audubon as of March 1, 2004, will be allocated one of the three mooring sites.A lottery will be held in seven (7) years to allocated sites held by homeowners grand fathered under these rules.


B. Lottery for mooring sites

I.There shall be a lottery conducted for vacant mooring sites. Every homeowner who is a member of SBCA, excluding those homeowners with property on the lake, shall have the right to participate in the lottery for the remaining designated sites.


II. No SBCA member, unless the owner of more than one home in South Bay, will be allocated more than one mooring site.


III. Homeowners will be notified by first-class letter of the mooring lottery and will be given at least 30 days to reply and enter the lottery.Winners of the lottery will be drawn at random.


C. Retention of mooring site

                            I.      Once a homeowner has won a mooring site in the lottery, that homeowner will have 3 months from the date of the lottery drawing to fill that mooring site with watercraft that can only be appropriately stored on the lake at a mooring site or show proof of purchase of such boat.If after 3 months, a boat has not been moored at the site, the mooring site will be awarded under the lottery rules set forth in Section B.


                          II.      The Board of Directors will conduct a lottery every five (5) years to allocate mooring sites.The same procedure will be used to notify all homeowners as set forth in Section B.


                       III.      Boat mooring site holders will be allowed to vacate their site without penalty of loss of that site only to repair a damaged boat or to store off the lake during winter months.The boat must be returned to the designated mooring site either at the beginning of the boating season or within 3 months of its removal.If either instance is violated, the mooring site will be subject to the lottery procedure in Section B.


                       IV.      If a boat owner has not used the boat for one entire boating season, the mooring space must be forfeited and will be subject to the lottery procedure in Section B.


                         V.      Mooring sites do NOT convey with sale of a home in South Bay.


                       VI.      If a mooring site homeowner moves before the five-year allotted time to hold that site, a lottery will be conducted to assign the vacated site for a five-year period.


                    VII.      Homeowners cannot lease out a mooring site or assign it to another homeowner.


6. Boat maintenance

A. Homeowners mooring boats at the SBCA dock must maintain their boats to a standard satisfactory to the SBCA Board of Directors or forfeit the mooring site.


B. The Board of Directors will give written notice to any homeowner whose boat is in unsatisfactory condition.The boat owner will be given 30 days to bring the boat up to an acceptable standard


C. If the offending boat has not been brought up to an acceptable standard within 30 days, and the mooring site is forfeited, and the Board of Directors will conduct a lottery for the site under the rules in Section B.


7. Liability

Homeowners mooring boats along the SBCA dock or storing canoes or other watercraft in SBCA on SBCA property do so at their own risk. SBCA is not responsible for loss or damage, including damage done by weather or vandalism.


8. Changes to policy

The SBCA Board reserves the right to expand, amend, and correct this policy as it sees fit and circumstances may dictate.In the event substantial changes are made to this policy, homeowners will receive a new copy of the policy by first-class mail.