Communal Jetties & Boat Sizes - Email to HOA 27 July 2007

This email to the HOA is self explanatory: The size of the boats can and should be regulated. The last paragraph sums up my concern.

From: Ken Rutherford
Sent: 27 July 2007 11:48 AM
To: TIHOA (tihoa@tihoa.co.za)
Cc: Louwtjie Burger

Subject: Boat Sizes – Attn: Mr Smit

Dear Mr. Smit,

To confirm our conversation regarding boats longer than 5.5m or 2.3m wide berthed at communal jetties:

This is from the order form the buyer of a berth at a communal jetty signs:

►The berth finger is 4.5 metres long and can accommodate a maximum boat size of 5.5 metres long and 2.3 metres wide. The boat should not draw more than 0.5m. Due to design constraints, no boat may exceed the maximum allowed size or draft.

This is from Annexure A of the Berth Agreement:

10. MAXIMUM BOAT SIZE :
11. LENGTH : ……….…………………………… (5.5m is inserted here)
WIDTH : ………………...…………………… (2.3m is inserted here)

Exception: Berths 14-25 to 14-36 inclusive can accommodate a maximum boat size of 7.7m long by 3.0m wide. These berths were included in the purchase price of designated erfs sold by TIDC.

This is from the Berth Agreement:

8. MAINTENANCE AND REPAIRS
8.1 The maintenance and repair of the BERTH and the JETTY will be undertaken by a contractor appointed by HOA and by no other person.
8.2 The BERTH HOLDER will, upon request made by HOA, pay to HOA the BERTH HOLDER's proportionate share of the cost of all such maintenance and repairs together with the HOA's reasonable administrative cost in connection therewith. The BERTH HOLDER's proportionate share is the total of all such costs divided by the number of BERTHS comprising the JETTY.
8.3 The BERTH HOLDER undertakes to notify HOA of any defects in the JETTY.
8.4 HOA shall in its absolute discretion be entitled to undertake maintenance and repair of the JETTY as it deems necessary.
8.5 In the event of a dispute as to the amount of the BERTH HOLDER's "proportionate share" or any amount payable in terms of the aforegoing, the dispute shall be referred by HOA to an independent auditor for summary decision and such decision shall be final and binding on HOA and the BERTH HOLDER who will, in equal shares, bear the costs incurred with the said auditor in implementing the provisions of this sub-clause.

The maximum boat sizes were implemented because the communal berths are designed to accommodate boats no bigger than specified. Boats larger than the maximum put added strain of the jetties and potentially can cause damage. It is unreasonable to expect berth holders to be on the line for repair expenses if the HOA does not enforce the maximum boat size. (Colour & emphasis added for blog).

Regards,
Ken Rutherford
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