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Onamac Beach Rules

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APPROVED BY THE ONAMAC MEMBERS AT THE 2015 ANNUAL MEETING ON JUNE 7TH

 

13.0    BEACH POLICIES

13.1    GENERAL

The Onamac beach is our most significant and valuable community resource and is to be maintained in as close to natural condition as possible. The beach is privately-owned by the entire Membership, and it is intended for the use of the Members, their families, and their guests of all ages. Tenants may also use the beach facilities as set forth in Paragraph 5.3 No one else is permitted to use our beach .   It is the responsibility of the OMA Board and the Members to monitor and control the use, condition, and access to the beach.

Our beach is considered by many to be one of the best in the area. Because of that, there may be attempts by unauthorized people to gain access to the beach. There have also been occasions when Members have enabled access by non-Members in ways that are not allowed. For these reasons, access control must be maintained at all times.

In keeping with our community’s standards, the beach is to be a gathering place for families and is intended to be enjoyed by Members and guests of all ages. As such, all beach-goers have the right to enjoy the beach without being subjected to behavior by others that is offensive, including excessive noise, abusive or threatening behavior, and obscene language, gestures, or other actions. To meet the objectives of these Beach Policies, all Members and their guests are expected to know and to comply with the following rules:

13.2    GATE CARDS

Association Members in good standing, and who have no current beach rule violations, are permitted to use the beach. Access to the beach requires a “gate card” that is an electronic card key that will release the magnetic gate lock. These cards are provided to all Members. The maximum number of cards per assessed lot is two. The cards are the property of OMA and will be returned to OMA after the sale of a lot owner’s property. OMA will transfer the gate card to the new owners of the property. Lost or stolen cards will be replaced at a cost of $50 to the lot owner. Cards that do not work properly, or that need to be replaced because of wear and tear, will be replaced at no cost.

Gate cards are not to be assigned or loaned to anyone. Guests are allowed to use the gate card with the owner’s permission if the lot owner is present with the guest or within the Onamac community at all times.

Member volunteers may occasionally monitor the gate on busy weekends for the purpose of protecting access to our beach. They will be authorized to check gate cards, Members’ and guests’ names, and vehicle access stickers and cards. Please be polite and cooperative with those who are performing this service for all of us.

13.3     BEACH VEHICLE IDENTIFICATION

Vehicle access to the beach requires a beach access window sticker or temporary access card that is placed on the vehicle. The stickers will have individual codes printed on them that are associated with the Member they are assigned to. All vehicles at the beach must have a vehicle access sticker or a temporary access card that is visible from outside the vehicle.

  1. Two window stickers will be provided to each lot owner who needs them. They are to be used on the Member’s vehicles only. Two temporary vehicle access cards will also be provided for use by the Member for their extra vehicles, or for their guests’ vehicles. The window stickers on the Member’s vehicles are to serve as the primary identifier, rather than the temporary cards.
  2. The temporary access cards will be placed on the dash or hung from the rear-view mirror. The Member may make additional temporary vehicle access cards that are needed for extra vehicles. They will also be available at the gate card reader. The lot number, or lot owner’s name that is associated with the extra vehicle, will be written on the temporary card and placed in the vehicle.
  3. Vehicle access stickers are not to be used by guests at any time. Access cards are not to be assigned, loaned, or given to guests without the lot owner present with the guest or within the Onamac community at all times
  4. Vehicles at the beach, that cannot be identified or that belong to people that are not allowed access to the beach, can be removed at the vehicle owner’s expense.

  13.4    BEACH RULES

  1. The Onamac Beach Property Area is defined as the area starting at the beach gate and extending to the extreme low tides line, bordered to the north by the Henning property and to the south bordering the bluff lot of Sundown Lane.
  2. Beach Rules will be posted at the beach entrance Information Board for review and explanation. It is the responsibility of the lot owner (sponsor) to ensure their guests know and abide by our beach rules.
  3. A beach problem phone number will be posted on the information board to report beach violations or other issues.
  4. It will be considered Trespassing on Private Property when an unauthorized person is occupying what is defined as the Onamac Beach Property Area.
  5. A guest may occupy the beach only with an OMA sponsoring Member-in-good-standing present or within the Onamac community at all times.
  6. Immediate family Members of the OMA sponsor may occupy the beach without the sponsor being present at the beach or in the Onamac community. Immediate family Members are limited to parents, spouse, children, or direct siblings of the Member. When a lot owner is unavailable due to vacation or other unexpected circumstances, the lot owner will notify the Beach Chairperson of the name and relationship of the family Member who will have temporary use of their gate key and vehicle access cards. The designated family Member will comply with all beach rules and regulations.
  7. No vehicle parking is allowed at the beach entrance gate. Unattended vehicles will be removed at the owner’s expense. Overflow vehicles are to be parked at the owner’s home. Vehicles with boat trailers shall be parked only in the designated area.
  8. Members and guests must respect the rights of other people using the beach and not engage in behavior that is offensive, including excessive noise, abusive or threatening behavior, and obscene language, gestures, or actions.
  9. Picnic tables and fire rings are not to be moved from one campsite to another.
  10. All motor homes and camp trailers will comply with Washington State law; Discharge of gray water and black water is prohibited.
  11. Members and guests harvesting shellfish must comply with all Washington State Department of Fish and Wildlife rules and regulations, including legal limits and sizes. When harvesting clams, the harvesting party must backfill their holes.
  12. Lot owners noticing portable toilets that are in need of service shall notify the Beach Chairperson or a Board Member.
  13. In the event a Member leaves a campsite or beach area without adequately cleaning it, a charge will be assessed to the Member if it is determined by the Board that additional cleanup is required.
  14. It is a violation of Island County Health Codes to deposit feces, bury dead animals, or bury refuse or trash in the OMA beach area.
  15. Use of cannabis (marijuana) in any form and possession of illegal drugs are not allowed. Consumption of alcohol by those of legal age is permitted, but public intoxication is not allowed. Use of tobacco products is permitted; cigarette butts and other related trash must be removed from the beach area.
  16. Do not leave garbage or trash in the OMA beach area. The policy is “pack it in - pack it out”. If you bring plastic chairs to the beach area, take them with you when you leave. Chairs that are not identified will be disposed of.
  17. Campfires are limited to the fire rings that are provided in the beach area. Lot owners must bring their own firewood. It is prohibited to burn driftwood. All fires are to be kept small and manageable. Water buckets are provided for fire protection and should be kept on hand and filled with water at your campsite. No cans, bottles, trash, or garbage are to be left in the fire rings.
  18. Fireworks of any kind may not be discharged within Onamac, including the beach area. This ban includes all tidelands to include extreme low tide.
  19. All animals will be kept on a leash at all times when in the OMA beach area.
  20. It is prohibited to launch, retrieve or beach personal watercraft (jet skis) on or from the OMA beach area.
  21. The fresh water station is for camping use and boat rinsing only. Do not clean fish, crab, or clams at this station. Additionally, this is a NO PARKING area.
  22. All-terrain vehicles are prohibited in the OMA beach area. Members, and their immediate family Members that are older than the age of 18, are the only persons allowed to bring and to operate motorcycles and/or golf carts at the beach area. Motorcycles may be operated only on the road surfaces in the beach area.

13.5     CAMPING, REGISTRATION AND RESERVATIONS

  1. There are four overnight camping sites for tents, trailers, or motor homes. Camping is limited to these four campsites only. Absolutely NO camping is allowed on the actual beach area or around the picnic tables. Campsites are clearly marked and designated by a number and a name.
  2. No more than 15 people per campsite may camp overnight.
  3. No more than five vehicles, including cars, trucks, campers, RVs, and boats, will be allowed to park within a campsite.
  4. Overnight camping is limited to a maximum of 3 nights in a consecutive 10-day period. The first overnight will be the beginning of the 10-day period. A Member may not circumvent the 10-day rule.
  5. A Member may not make a reservation for another Member or in another Member’s name.
  6. A lot may register for only one campsite at any given time. Check out time is 12:00 noon for each campsite.
  7. All noise and vehicle movement must be curtailed by 10:00 pm.
  8. Registration cards must always be completed on arrival in duplicate, even if a reservation has been made. One copy is to be left in the appropriate box at the Beach Information and Registration Board and the second copy at the campsite identification post.
  9. Non-major holiday campsite reservations:
    1. Two of the four campsites may be reserved in advance for any period other than the major holiday weekends of Memorial Day, 4th of July, and Labor Day. Each assessed lot may make one such reservation each year.
    2. Reservations for the non-major holidays are to be made using the reservation system a minimum of 7 days in advance of the stay and as early as January 1 of the year of the reservation. All reservations are “first-come-first-served”.
    3. An updated reservation schedule for the two advance reservation campsites will be posted at the Beach Information and Registration Board and on the Onamac website at www.Onamac.org to allow Members to see which campsites are available for reservation.
    4. If the two reservation-only campsites are not reserved, they may be registered and occupied by Members and guests under the “first-come-first-served” policy. This occupancy may not encroach into the 10-day period of a previous reservation for that lot.
    5. A reserved campsite must be occupied on the first day of the reservation or the reservation will be cancelled. The Member cannot reschedule a canceled reservation during that same period.
  10. Major holiday campsite reservations:
    1. Each assessed lot may reserve any one of the 4 campsites for one of the major holiday periods for Memorial Day, 4th of July, and Labor Day.
    2. Reservations are to be made a minimum of 7 days, but not more than 30 days, in advance of the first day of the holiday period.
    3. A Member who has already received a reservation for one of the major holiday periods may place their lot number on a waiting list for another major holiday reservation not more than 30 days before that holiday period. Any campsites that have not been reserved 6 days before the first day of the holiday period will be reserved for the lots on the waiting list in the order they were placed on the list.
    4. An updated major holiday reservation schedule will be posted at the Beach Information and Registration Board and on the Onamac website at www.Onamac.org to allow Members to see which campsites are available for reservation.
    5. Any campsites that have not been reserved on a major holiday period may be registered and occupied by Members and guests under the “first-come-first-served” policy. This occupancy may not encroach into the 10-day period of a previous reservation for that lot.
    6. A reserved campsite must be occupied on the first day of the reservation or the reservation will be cancelled. The Member cannot reschedule a cancelled major holiday reservation for the remainder of the calendar year.

13.6     LARGE PRIVATE PARTIES                        

  1. Large private parties are any group gathering of more than 20 people.
  2. Large private parties will be limited to one-day access to the beach, and no more than one large private party event will be approved per day.
  3. Large private parties will normally be limited to 40 people; however, gatherings as large as 60 people may be permitted on a case-by-case basis (e.g., wedding receptions, memorial services, or Association functions). Expected beach usage will be considered in approving a large private party gathering of more than 40 people, and an assessment for an additional portable toilet may be required if the application is approved.
  4. The sponsor of a large private party will be required to submit a “Large Private Party Application Form” (Appendix C) to the Board of Directors of the OMA no fewer than 14 days prior to the scheduled event. The application will have a checklist for the sponsor and the Board Member so there is no confusion about the rules of the large private party. Large private party applications will be processed on a “first-come-first-serve” basis.
  5. Large private party requests will not be allowed or granted during the three major holiday periods for Memorial Day, 4th of July, or Labor Day.
  6. No more than 10 vehicles and 2 boats on trailers may accompany the large private party guests to the beach. All vehicles must have beach access stickers or temporary access cards visible on the vehicle. No guest vehicles shall be parked at the gate entrance. Overflow vehicles will be parked at the lot owner’s home.
  7. Large private parties can be held in conjunction with a campsite reservation.
  8. Large private parties must have the beach area cleaned and extra guests vacated by 10 PM on the day of the party.
  9. All large private party guests must comply with ALL beach rules. Party sponsors will take full responsibility for their guests and advise their guests of the rules, including pets, personal watercraft, and fishing and shellfish harvesting.
  10. Sponsors are responsible for any damage or cleanup to the beach. A charge will be assessed to the sponsor if it is determined that additional cleanup is required.
  11. All large parties will pay a portable toilet pumping assessment.

13.7     BOAT RAMP USAGE

The Onamac Maintenance Association Boat Ramp is for the use of its Members only. No more than 2 guests per lot owner are permitted to use the boat ramp with the permission of the Member, and only when the Member is present. The Member must fully inform the guest of the Boat Ramp usage rules.

Members and their guests must be aware of when the low tides will occur and ensure they do not get stuck at the end of the boat ramp by trying to launch or recover their boats when the water is too low for their equipment.

Use of the boat ramp is at the operator’s own risk. Extreme caution is to be used to assure no one is injured at the boat ramp during launching and recovery operations.

20.0     CC&Rs COMPLIANCE ENFORCEMENT POLICIES AND PROCEDURES

Residents of the community are often the first to notice a noncompliance with the CC&Rs and Bylaws. Frequently, the issues can be resolved “neighbor-to-neighbor” and do not need to be brought to the attention of the Community Association Manager or the Board. Neighbors are encouraged to try to address the matter among themselves, but if that approach does not resolve the issue, please send a written request to the Community Association Manager or the Board of Directors to address problem.

In the event of any controversy, dispute or claim between or among owners or between one or more owners and the Association, pertaining only to the Bylaws; the Codes, Covenants and Restrictions; and/or other approved governing documents of the Association, the parties involved shall resolve such dispute by following the dispute resolution procedure set forth in Article 9 of the Bylaws.

All OMA Members, guests and tenants are bound by the requirements contained in the governing documents. To ensure compliance with these documents, the OMA Board of Directors and the Community Association Management Company shall use the following procedures to notify the Member about a noncompliance issue and the processes for resolving the noncompliance. Assessments, if any, imposed on a Member shall be resolved in accordance with the rules stated in the Bylaws.

  1. The OMA Board shall determine when an Association Member is not in compliance with requirements of the CC&Rs. In making this determination, the Board will consider the circumstances of the reported violation to ascertain if the Member or their guest(s) willfully violated the rules and will decide what, if any, action is needed. An “Appearance Committee” of non-Board Members may be appointed, if needed, to provide an independent recommendation to the Board. The Board will direct the Community Association Manager to institute any necessary actions on its behalf. If so directed, the Community Association Manager shall provide official notification to the Member of the noncompliance. The notification shall cite the applicable regulation(s), the nature of the noncompliance, and what is needed to resolve the noncompliance.
  2. The Community Association Manager shall notify the Member of the noncompliance by email or letter, informing the Member of the noncompliance. The date of notification shall be the date of the email, or the postmark date of the letter.
  3. The Member shall be allowed 30 calendar days from the notification date to fully resolve any noncompliance issue(s) that requires time and/or work to resolve, e.g. Architectural, Property Appearance, Fence issues etc. The Member, in turn, must notify the Property Manager within this 30-day resolution period that the noncompliance has been resolved or that reasonable measures have been taken to resolve it. The Property Manager and the Board will determine if the noncompliance has been resolved, or that adequate measures are being taken to resolve it, and will notify the Member of their decision. If a noncompliance is not fully resolved and approved by the Board within the 30-day resolution period, or within an extension period approved by the Board, an assessment not to exceed $150 shall be assessed against the Member’s account. An additional assessment of $50 shall be assessed for each subsequent 30-day period that the noncompliance remains unresolved.
  4. An assessment not to exceed $150 shall be assessed against the Member’s account for any noncompliance that does not require time to resolve, such as Fireworks or Firearms violations, Guest Policy violations, Animal Restrictions violations, etc.
  5. An assessment not to exceed $150 shall be assessed against the Member’s account for violation of Beach Policies, including violations by family Members and/or guests. Upon notification, the Member will also immediately forfeit beach use privileges for a 30-day period. If a second violation of Beach Policies occurs within one calendar year following the first violation, a one-year suspension of beach use privileges will be immediately applied in addition to a $150 assessment. Any subsequent Beach Policy violations by the Member, occurring at any future time, will incur an immediate one-year suspension of beach use privileges in addition to a $150 assessment. An assessment of $250 will be imposed if a Member or their family or guests have accessed the beach while under suspension.
  6. In addition to the penalties stipulated above, the Member’s account shall be assessed any costs incurred by OMA that arise from the violation.
  7. The Member may request a meeting with the Property Manager or the Board to contest a notification of noncompliance and the assessment or penalty that has been imposed. This meeting must be scheduled not later than 30 days following the date of the notification of the noncompliance.