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Multi-Slip Docks
October 1, 2005 UPDATE
(The following statement about the multi-slip docks was presented to the Membership by a representative of the Slip Owner's Transition Committee at the October 1, 2005 Board meeting)
Slip Owners Transition Committee Statement
Reported by Fred Bragg(vette92lt1@aol.com)
In Behalf of the
Runaway Bay Dock Slip Association
Not Affiliated with Runaway Bay HOA, Inc.
During the course of preparing to transition Runaway Bay HOA from the Developer to the Property Owners it was learned that the multislip docks actually did not belong to anyone. Property did not include the slips as the developer neglected to prepare proper paperwork.
Urging from the Transition Advisory Committee and the permanent board members of the HOA resulted in no activity from River Oaks. The HOA attorney reviewed the matter and found that the docks were not part of the Transition process, nor a legal concern of the HOA; however, the Board gave input hoping to have this matter resolved by River Oaks.
Dr. Richard Jenet, a property owner, retained his attorney to begin preparing a case to present to River Oaks. Negotiations resulted in a package sent to the 50 lot owners in question asking that each sign an agreement that River Oaks would submit a deed request to Campbell County. All owners would be required to agree to an association known as Runaway Bay Dock Slip Association. Owners would pay dues of $50 and would submit a signed and notarized agreement subject to the terms of the Declaration
and the Occupancy and Use Permit from AEP before the final action takes place. River Oaks would provide $10K for a Reserve Fund.
As of now we understand aprox. 85% of the 50 lot owners have replied in some way, with or without forms or checks. Complete participation (signed notarized forms and the $50 fee) by the 50 lot owners involved is essential to the formation of this association. This is the ONLY way for the owners to have documented ownership of the docks, be an independent unit free to elect it's own board, and be able to control the operations, safety, and insurance of the docks. If you have not submitted your package to River Oaks, please do so. If you did not receive a package, please advise us and River Oaks, it
is possible that they did not have correct names and addresses for all of the owners. You may send a note to: vette92lt1@aol.com.
The 50 lots are mentioned in the Declaration -16,19,21,22a,24,25,28a,28b,29,30,31,32,33,34,35,93,94,95,96,103,104,108,109,110,111, 112, 113, 116, 117,118,126,127,128,155,156,157,159,160,161,180,181,183,184,190,191, 196,221,222,223,224.
The owners affected must understand that they are only hurting themselves if they are not willing to participate. Without 100% participation the Association cannot be formed, the numbering of slips will not be done by River Oaks, you will have to participate in your own legal action against River Oaks. Why make it difficult when Dr. Jenet has made it so easy to have this issue resolved? To begin this process, the notarized form, and the annual dues check of $50 per owner must be sent to River Oaks before they negate the agreement with the participating attorney.
Slip Owners Transition Committee Member
February 15, 2005 UPDATE
The following is provided as the best information we have to date on the Multi-slip docks.
The multi-slip docks, provided by the developer to certain lots at Runaway Bay are not on Community Property, and are not the responsibility of the Runaway Bay Homeowners Association. However, acting as "good neighbors", the Association's Board of Directors worked with the developer to correct several issues associated with these dock slips.
Last July we were pleased to announce that the Developer of Runaway
Bay and Rowboat Inc., (the builders of the multi-slip docks provided to
certain lots by the Developer when sold) had begun the repair process to
all of the damaged multi-slip docks.
Those repairs were finished this past summer at a cost of roughly $75,000
at no expense to the property owners!
The developer is now having the multi-slip docks numbered, we were told
one section is already done and that the others will be done as the
weather permits.
It is our understanding that the developer has issued conveyance of one or
more of these slips and we hope that they will resolve the matter of
ownership for all slip holders.
Lastly, we have been told by River Oaks, the developer that they are still
working on the issue of dock maintenance and insurance. While we don't
have the details on this, we will continue to monitor these issues. What
ever they come up with, it will be independent of the Runaway Bay
Homeowners Association which has no responsibility in the matter other
than our desire to get it resolved.
A big thanks to everyone involved!
Sincerely,
The Runaway Bay HOA Board of Directors.
7/22/2004 NOTICE:
Thanks to the preliminary efforts of the Runaway Bay Transition Advisory Committee (TAC), and the subsequent efforts of the Runaway Bay Homeowners Association Board of Directors we are pleased to announce that the Developer of Runaway Bay and Rowboat Inc., (the builders of the multi-slip docks provided to certain lots when sold) have begun the repair process to all of the damaged multi-slip docks as well as the Runaway Bay Community Dock. While they have not yet finished, we have seen them working on the docks for over a week, to include this past Saturday and Sunday. We feel certain that these docks will be fixed to property owners satisfaction. While not the responsibility of the HOA, we felt it was our duty to insist that these docks be repaired. Once completed, the docks become the responsibility of the individual slip owners .
We are still working with the developer to clarify the legal ownership issues, and how maintenance and funding for these multi-slip docks should be handled. They have in the past suggested that a separate association or associations of multi-slip dock owners be formed and fees collected by that multi-slip dock association for maintenance but to date nothing has been finalized. Many issues on these docks remain but the HOA will continue to work these issues with River Oaks.
We want to recognize the efforts of the Jenet's and other property owners for continuing to push the developer to fix their dock and resolve the other issues with these docks . We would also like to recognize the efforts of our own Kyle Goldsmith, who while working for the developer at the time was also a property owner here at Runaway Bay and he worked hard to ensure the developer followed through on their promise to fix these docks. A big thanks to everyone involved!
Sincerely,
The Runaway Bay HOA Board of Directors.
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