Details the club’s authority and process for identifying, moving, selling, or disposing of abandoned or unauthorised dinghies, trailers, and other property.
Power to remove, sell or dispose of boats and/or trailers and/or other property
In the case of an abandoned or unauthorised boat and/or trailer and/or other property (as defined below) the Committee may: -
(a)
move the boat and/or trailer and/or other property to any part of the club premises without being liable for any loss or damage to the boat and/or trailer and/or other property howsoever caused.
(b)
upon giving 1 months’ notice require the member or former member to collect the boat and/or trailer and/or other property.
(c)
upon giving three months’ notice in writing by registered post to the member or former member at his/her last known address shown in the register of members sell the boat and/or trailer and/or other property and deduct any monies due to the Club (whether arrears of subscription or facility fees or dinghy park fees or otherwise).
(d)
if the boat and/or trailer and/or other property is unsaleable (in the reasonable opinion of the Committee), after giving notice in writing as aforesaid, dispose of the boat and/or trailer in any manner the Committee may think fit and deem the cost of doing and any arrears as aforesaid to be a debt owing to the club by the member or former member.
(e)
the club reserves the right to charge storage for the boat and/or trailer and/or other property until such time as the owner collects the boat and/or trailer and/or other property or until notice has been served under clause (b) and (c) above.
PROVIDED THAT in each case that proper evidence is available to show that all reasonable steps have been taken by the Committee to trace a member or former member and that when and if the boat and/or trailer and/or other property is sold the proceeds of sale (where these exceed the amount of any indebtedness by the member or former member to the club) shall be placed in a bank deposit account and retained against the eventuality of a claim by the owner (whether he be the said member or former member) for a period of six years.
The Committee shall be entitled to treat any of the following as an abandoned or unauthorised boat and/or trailer and/or other property:
(a) a boat and/or trailer and/or other property located in the dinghy park and not displaying a current dinghy park sticker/tag.
(b) a boat and/or trailer and/or other property located otherwise than in its properly allocated space.
(c) a boat and/or trailer and/or other property that remains in the dinghy park for more than one month after any date advised by the Committee by which boats and/or trailers and/or other property must be removed to allow for maintenance works of the dinghy park or the end of the season date (where applicable).
(d) a boat and/or trailer and/or other property which is the property of a member or former member which remains on club premises after any fees payable to the club by any member or former member (whether by way of arrears of subscription or facilities fees, dinghy park fees or otherwise) are more than one month in arrears.
(e) a boat and/or trailer and/or other property which is the property of a member or former member which overstays by more than a month following the termination of the storage agreement.
(f) a boat and/or trailer and/or other property which is the property of a former member which overstays by more than a month following the termination of their membership.
Lien on boats and/or trailers and/or other property
In addition to the powers set out above to move, sell or dispose of boats and/or trailers and/or other property the club shall have a lien over members' or former members' boats and/or trailers and/or other property parked on the club's premises in respect of all monies due to the club, whether in respect of arrears of facilities fees or subscriptions or otherwise and shall be entitled to retain possession of the boat and/or trailer and/or other property until such time as all monies due to the club have been paid in full.