This has been a very complex issue and as by-law chair, I need to lead the way to fix it. As a marina, members have slips. It is clearly stated in a very established and old by-law - "Members cannot rent their boat slip... (attached by-laws - Article 4, Section 7, first paragraph, last sentence). This was an original by-law and has been around for multiple decades.
10-15 years ago some members bought boat lifts based on this by-law that I think was created after the fact of original lifts placed:
Section 11 – Lift owners a) Lift owners cannot turn in their slip for refund unless they remove all or part of the lift so as to render it practical for use by others. b) In the event that the member wishing to relinquish his slip, and who owns and has installed a mechanical lift on said slip, shall be required to remove all or parts of the lift so as to render it practical for use by others. Alternatively, the lift owner may make private arrangements so as to allow for use of his lift. This arrangement, including all financial, liability, or any other ramifications will be between the private parties and will not involve the club, except perhaps to accommodate such arrangement by making any necessary slip assignment changes..."
We have associates in line to become members and they get any vacant slips not used by members in any given year and there is a seniority list for this.
The challenge is that members with lifts are renting to some of these associates (based on by-law above) who are down the seniority list and bypassing other associates who deserve available lifts. We cannot get the 2/3s vote to provide guidance (suggested by-law addition) about about getting lift owners to rent their slips according to associate seniority list as lift owners are saying they have the right to decide who rents their lift as long as a member or associate. I have to do more research but I think the by-law chair who championed this may have been a lift owner if that means anything.
As we still try to place more specifics in place by getting 2/3 vote on more guidance, I am still trying to determine the default. Does the established and older by-law of no slips can be rented (and therefore neither can the lift on it) or the newer by-law that implies lift owners can rent to whoever is in the club be the default until resolved?
BYLAWSFINALedit2-10-2021-2020CMBC BYLAWS.pdf
