RULES AND REGULATIONS
WIND POINTE HARBOR CONDO ASSOCIATION
Revised May, 2016
The purpose of Wind Pointe Harbor is to provide a safe, fun, and relaxing environment for everyone to enjoy. We have a large and diverse group of people using our facilities at any time and our intent is for everyone to have equal and fair access to our facilities.
The purpose of the Rules and Regulations of the Wind Pointe Harbor Condominium Association (Association) are to ensure your full enjoyment of Wind Pointe Harbor’s (WPH) facilities and amenities. All WPH Unit Owners, guests, and lessees are subject to the same Rules and Regulations. Any exceptions to the Rules and Regulations established herein are permissible only through a written approval by the Association's Board of Directors (BoD).
1. Method for Enforcing Rules and Regulations
Unit Owners (or lessees) must report infractions of the Rules and Regulations to the BoD in writing. Furthermore, any Unit Owners wishing to propose additions or revisions to specific rules or regulations must make their request in writing to the BoD. Any action by the BoD will only be taken on written and signed reports.
1.1 Nuisances: Residents will refrain from any activity that creates a nuisance or safety hazard in and on the harbor grounds.
1.2 Notification of Complaints: Complaints of any kind will be made in writing and submitted to the BoD.
1.3 Violation Assessment: A Unit Owner (or lessee) is responsible for any violation of these Rules and Regulations, regardless of whether the violation is due to their own conduct, their guest, or their lessee's conduct.
1.3.1 First Infraction: The Unit Owner will receive a letter from the BoD upon the first infraction of a rule or regulation.
1.3.2 Second Infraction of the Same Rule: The Unit Owner will be fined $100 per violation, per month. In addition, the Unit Owner may receive a written meeting request from the BoD to discuss the infraction.
1.3.3 Unsatisfactory Resolution: If a satisfactory resolution is not reached at the meeting or if there is a subsequent third infraction, the BoD reserves the right to commence legal proceedings or other such action as the BoD deems appropriate.
2. Vessel Standards and Navigational Limits
2.1 All boats kept at the harbor shall be:
2.1.1 Commercially manufactured
2.1.2 Certified by the National Marine Manufacturers Association (NMMA) at the time of manufacture
2.1.3 Marked with a United States Coast Guard identification and certification plate and a hull identification number
2.2 Boat length restrictions are applied to each individual slip (Harbor Slip Survey) to ensure safe navigation and protection of egress for all slips. A copy of the map may be obtained by contacting any BoD member. All boats must fit within these guidelines or be approved by the BoD prior to docking in the harbor.
3. Harbor, Channels, and Boat Slips
3.1 Unit Owners shall keep their boats at their designated slips.
3.1.1 In the event a Unit Owner or lessee has an additional boat, only one boat may be a “live aboard” boat and occupied at any given time. No more than one cruiser-style or “live aboard” boat is allowed in a slip at any time.
3.1.2 At no time shall the second boat extend beyond the designated length of the slip as per rule 2.2 above.
3.1.3 Any boat, unit maintenance, or other activities considered a nuisance or a danger to other boats, nearby Unit Owners, harbor facilities, waterways, or environment are prohibited.
3.1.4 All boats are to be removed from their slips by November 15 of each year.
126.96.36.199 Boats should either be stored onshore or off-premises for winter storage by this date.
188.8.131.52 Any boats remaining in their slips after this date are subject to a violation assessment and possible revocation of harbor usage and privilege.
3.2 All Unit Owners and lessees must submit a “Certificate of Insurance” for their vessel(s) annually to the BoD:
3.2.1 A current Certificate of Insurance is required for a 12-month period, covering both summer docking and winter storage.
3.2.2 The Certificate of Insurance must be made out to the “Wind Pointe Harbor Condominium Association” and contain evidence of a minimum underlying insurance policy of $300,000.00 for property damage and bodily injury.
3.2.3 Before a new boat is allowed in the harbor, the Unit Owner or lessee must provide the BoD with a current Certificate of Insurance.
3.2.4 Noncompliance is subject to a violation assessment and possible revocation of harbor usage and privilege.
3.3 Prohibited Activities
3.3.1 No Unit Owner or lessee shall fill a vessel’s fuel tanks with fuel from a portable container while the boat is secured in any area or slip in the harbor.
3.3.2 No paint, paint thinner, solvents, alcohol containers (except for onboard alcohol stove reservoirs), or other combustible items shall be kept onboard a boat.
3.3.3 Refueling of boats by fuel delivery vehicle while docked in any area or slip of the harbor is not permitted.
3.3.4 Charcoal grills or open fires of any kind are not allowed onboard any boat or on a pier in the Harbor.
3.3.5 Harbor and channel waterways are permanently set as NO WAKE zones.
4. Installation and Use of Individual Boat Lifts
4.1 Unit Owners must submit all requests for the installation of a boat lift in writing to the BoD prior to installation.
4.2 Requests must include the following documentation and be submitted to the BoD before any decision or approval is made:
4.2.1 A scale-plan view with a minimum size of 1/4" per foot showing all adjacent existing slip pilings, docks, decks, and seawalls. The plan must include:
184.108.40.206 All new construction related to the lift including catwalk decks, structural beams, new pilings, mechanical gearbox and/or motor housings, electrical junction, and control boxes
220.127.116.11 Length, width, and offset dimensions from existing docks and pilings,
18.104.22.168 Scale end views with a minimum size of 3/8" minimum per foot showing all views and including all items as aforementioned above that can be seen from that view
22.214.171.124 A cross-section view showing all structural and basic mechanical components height relative to the height of existing dock
126.96.36.199 A list of materials including all components and manufacturer’s literature or photographs showing the protective covers or sheathing of any mechanical equipment
188.8.131.52 The name, address, phone number, and contact person who contracted to perform the installation along with a Certificate of Insurance for Liability and Workers Compensation
184.108.40.206 A schedule of the projected start and completion dates
4.2.2 The Unit Owner must submit any other documentation that may be requested by the BoD for clarification. This may include, but is not limited to, a permit approved by the Army Corps of Engineers or Wisconsin DNR.
4.3 Following compliance with the aforementioned documentation requirements, the BoD will meet, discuss, and take action on the request within 30 days.
4.3.1 Such action may include a conditional approval in which the Unit Owner will be obligated to either rescind, resubmit the request, or sign a statement of compliance agreeing to changes outlined on the conditional BoD approval.
4.3.2 Noncompliance or deviation from the approved lift installation plan may entitle the BoD to exercise legal options for changing or removal of the lift. All legal expenses and reasonable attorney fees spent by the Association will accrue and be assessed to the original requesting Unit Owner.
4.4 General Guidelines for Lifts and their Installation
4.4.1 The following guidelines are for general planning purposes only and should not be construed as the full scope of requirements for approval.
220.127.116.11 In no case shall any boat lift be permitted to have a covering structure or canopy whether for permanent or temporary construction. This shall include canvas, metal, plastic, wood, nylon, or other fabrics.
18.104.22.168 In no case shall any boat lift be permitted to have any component extend beyond the end length limits of its adjacent dock, pilings, or seawall:
22.214.171.124 It shall also have no components extend beyond the limits of the interior surfaces of the existing dock or pilings (“interior” shall mean the vacant water space inside all pilings).
126.96.36.199 No components shall be attached in any manner to any existing piling, dock structure, or seawall except for the electrical connection and unless approved by the BoD.
188.8.131.52 An electrical junction box of no more than 8" wide by 12" high may be attached to one dock piling but must be shown on the drawings submitted for approval.
184.108.40.206 All boat lifts shall have any exposed metal structure or components concealed in a treated wood sheathing or assembly that is firmly attached and installed in a neat and attractive manner. All mechanical gears, pulleys, and motor assemblies shall have a full-protective cover.
220.127.116.11 All boat lifts shall have a power-disconnect prior to the controls of the lift that can be locked and that, with simple inspection from the dock, and can be verified that it is in a locked or unlocked state.
18.104.22.168 No more than four total guideposts shall be allowed on a boat lift and all posts shall not be more than 18" above the rub rail of the boat as measured when the boat has been lifted from the water. All guideposts shall have a grey PVC pipe cover.
4.4.2 Construction of the boat lift shall be completed prior to Memorial Day weekend or after Labor Day weekend or as approved by the BoD. All construction must be done between Monday and Thursday, commencing after 7:30 A.M. The total construction time is limited to 4 days unless extended by inclement weather or by approval of the BoD. The Unit Owner or contractor is not allowed to store materials anywhere in the harbor prior to the actual day(s) of construction.
5. General Harbor and Unit Maintenance
WPH prohibits Unit Owners from making any exterior changes to docks, buildings, or harbor grounds without prior written approval from the BoD. The outdoor lighting is standard and may not be changed by Unit Owners.
5.1.1 All requests regarding WHP landscaping and grounds maintenance should be submitted in writing to the BoD. Please refrain from giving instructions or submitting requests directly to maintenance staff and contractors.
5.1.2 Additional outdoor lighting or bug control devices are not permitted except with written approval of the BoD.
5.1.3 Potted plants are limited to Unit Owners’ designated slip areas and decks.
5.1.4 Exterior television or other antennas of any kind are prohibited from being attached to any dock or common element.
5.1.5 Unit Owners shall not change, add, or remove landscaping elements (e.g. trees, plants and shrubbery, flowers, etc.) without written approval of the BoD.
5.2 Any staining or sealing of decks must be with a clear or a light natural color only. The BoD must approve any variation to the pigment beyond these two choices prior to application.
5.3 External Unit Changes and Construction
5.3.1 Any construction or modification of common elements or limited common elements is prohibited without prior written approval from the BoD.
5.3.2 The BoD has the authority to contract for immediate correction should any deviation occurs from approved construction, modification, or maintenance plans.
5.3.3 Any expenses for corrections will be charged to the Unit Owner via a special assessment and will be due in full upon receipt.
5.3.4 All unit dock boxes shall be white, marine-style fiberglass boxes that conform to harbor appearance and maintained in good condition.
5.4 Patios or Additional Deck
5.4.1 Any Unit Owner desiring a patio or additional deck must submit a written request to the BoD and receive written approval before initiating any patio or deck construction.
22.214.171.124 Construction may only occur prior to Memorial Day weekend or after Labor Day weekend.
126.96.36.199 All work must be completed 15 days after the start date.
188.8.131.52 All property around the construction must be returned to its original condition after the construction.
5.4.2 The written request must include project drawings including a plan view, elevation view, location relative to the Unit Owner’s slip, and a detailed estimate that includes the materials needed to complete the project.
184.108.40.206 The list of materials must indicate if the project includes wood decking or patio pavers/blocks.
220.127.116.11 Only wood deck construction, replacement, or repairs will be eligible for approval.
5.4.3 Patios and decks are a Unit Owner’s personal property. Unit Owners are responsible for their patio maintenance, safety, and appearance. If a common element needs maintenance and requires the moving or modifying of a patio or deck, the expense for moving it is the Unit Owner’s responsibility.
5.4.4 Patio furniture is subject to BoD approval. Patio furniture and all other items are to be stored and secured at the close of each season.
6. Motor Vehicle and Golf Cart Regulations
6.1 Operation of cars, trucks, and motorcycles is limited to harbor roadways. Mopeds, motorized scooters, and golf carts are permitted on WHP grounds and must abide by the same operational rules as motor vehicles or where otherwise noted.
6.2 Roadway speed limit is five (5) miles per hour (M.P.H.) for any motorized vehicle.
6.3.1 Each Unit Owner shall be assigned one (1) parking space. A Unit Owner’s parking space shall be designated with a nameplate on a parking space marker (wood logs).
6.3.2 Guest parking is allowed in any unassigned spaces.
6.3.3 The harbor roadway and parking spaces shall not be used for auto repairs or other related maintenance.
6.4 Golf Cart Rules
6.4.1 Approval and Registration of Golf Carts
18.104.22.168 Unit Owners may register only one golf cart each per Unit Owner, regardless of the number of individuals in the owner’s immediate family or the number of slips he/she owns or occupies.
22.214.171.124 Golf carts must be registered with liability insurance and Unit Owners must provide a Certificate of Insurance before the golf cart enters the marina.
126.96.36.199 Unit Owners are responsible for any personal injury or property damage that results from golf cart operation, regardless of who the operator was at the time of the incident. Wind Pointe Harbor assumes no liability for accidents, misuse, theft, damage, injury, or other occurrence or mishap arising from golf cart operation on harbor property.
188.8.131.52 Golf cart registrations are non-transferable. If a golf cart is sold to another owner, the new owner must re-register the cart with the BoD.
184.108.40.206 Renters and lessees are prohibited from owning a cart.
220.127.116.11 Guests of Unit Owners are prohibited from using a golf cart if a Unit Owner is not on the premises. The owner of the cart is ultimately responsible for any wrongdoing on the part of guests or operators.
6.4.2 Golf Cart Specifications
18.104.22.168 Golf carts must be battery operated only; gas powered carts are prohibited. Gas engine carts that were properly registered with the BoD as of the 2013 season are exempt.
22.214.171.124 Only electric golf carts or “4 x 2’s” are allowed in the harbor. Utility or ATV type vehicles are prohibited.
126.96.36.199 Golf carts that have been altered, remanufactured, or decorated in a manner inconsistent with standard model and manufacturer safety guidelines are prohibited.
188.8.131.52 Golf carts must be in good working condition and equipped with operable brakes, headlights, rear brake lights or reflectors, a reliable steering wheel and safe tires.
184.108.40.206 Flashlights are not allowable as a substitute for functioning headlights for nighttime operation.
220.127.116.11 Only tires deemed as turf/street style, also called “turf safe” or “greens safe” are permitted. All-terrain or knobby/off-road style tires are prohibited.
6.4.3 Rules of Operation
18.104.22.168 Obey posted speed limit of five (5) miles per hour.
22.214.171.124 No racing, “donuts,” or unsafe operation.
126.96.36.199 Golf carts must not be parked on sidewalks or in any manner that interferes with vehicle or pedestrian traffic.
188.8.131.52 Golf carts must be parked in the Unit Owner’s parking stall if it will not be in use for any duration of time.
184.108.40.206 Golf carts parked on the break wall must allow for 12 feet of clearance for emergency vehicles.
220.127.116.11 The number of passengers in a cart must not exceed the passenger limit and load capacity as designated by the vehicle’s manufacturer. Carts cannot exceed two rows of seats.
18.104.22.168 All riders are required to be seated in a manufactured-installed seat during the operation of the golf cart. Riders are not permitted to stand up on or be seated on the body or framework.
6.4.4 Penalties for Violation of Golf Car Rules
22.214.171.124 The first violation will result in a verbal warning.
126.96.36.199 A second violation will result in a suspension of golf cart privileges for remainder of the year.
188.8.131.52 A third violation will result in the permanent suspension of golf cart privileges.
6.4.5 Golf carts registered with the Bod prior to the 2013 boating season are exempt from these regulations with exception of driving at night without headlights is prohibited.
6.5. Prohibited vehicles
6.5.1 All trailers (recreational or otherwise), campers, and motor homes are prohibited on harbor property.
6.5.2 Operation of mini-bikes, trail bikes, ATV’s, and snowmobiles on harbor property is prohibited.
6.5.3 Boat trailers are not allowed on harbor property during the boating season (Memorial Day weekend through Labor Day Weekend).
7. Common Areas
7.1 Camping is prohibited in the harbor.
7.2 Refuse storage and removal
7.2.1 Littering on the harbor property or surrounding waters is prohibited.
7.2.2 Unit Owners, their guests, and lessees shall bag and place refuse in the designated garbage containers located in the garbage corral at the south end of the harbor.
7.2.3 All recyclables shall be loose (not in bags) and disposed of in the designated recycling bins for glass, cans, and paper products.
7.3 Swimming Pool
7.3.1 The swimming pool is open daily from 7:00 A.M. to 10:30 P.M. The BoD retains the right to change pool hours for special occasions.
7.3.2 Each swimmer assumes individual risk and understands that no lifeguard is present or on duty at any time.
7.3.3 Proper swimming attire must be worn in the pool.
7.3.4 Any child under the age of 12 must be accompanied by an adult while in the pool area.
7.3.5 Running is prohibited in the pool area.
7.3.6 Glass containers are prohibited in the pool area.
7.3.7 Pets are not allowed in the pool or pool house building.
7.3.8 Plug-in radios or electrical appliances are prohibited in the immediate pool area.
7.3.9 Pool guests with permitted radios shall play their music at a reasonable volume and not disturb fellow guests.
7.3.10 Swimmers shall abide by all posted health regulations.
7.3.11 Sunbathers shall use towels to protect furniture from suntan oils.
8.1 All pet owners must pick up any waste or excrement from their pets immediately. A pet run is located at the south end of the harbor near the entrance to the back channel.
8.2 Pets must not cause a nuisance (noise or otherwise) to any Unit Owner, their guest, or lessee.
8.3 Pets are prohibited from running loose or unattended on harbor property. Pets should be on a leash and under its owner’s control.
8.4 Pets cannot be tied or left in common areas unattended.
8.5 Pets are not allowed in the pool or pool service areas at any time.
8.6 Sheds, cages, or animal houses are not permitted in common areas.
9. Lease of a Unit
9.1 Any person renting or leasing from a Unit Owner shall comply with the provisions of the Wind Pointe Harbor Declaration, By-Laws, and Rules and Regulations outlined herein. Copies of these documents may be obtained from the BoD upon request.
9.2 Unit Owners shall not rent or lease their unit for a period of less than one month.
9.3 Units shall not be advertised for rent by means of a sign posted on the harbor property, decks, or piers. Unit Owners may post an advertisement on the communication board attached to the pool-house shelter area or on the WHP website.
9.4 Subleasing by the lessee is prohibited.
9.5 The BoD reserves the right to refuse occupancy or use of the harbor or any facility by any lessee if:
9.5.1 Repeated violations of WPH Rules and Regulations, By-Laws, or Declaration occurs,
9.5.2 There are safety concerns due to the actions of the lessee’s guests or,
9.5.3 A Unit Owner is in default in assessments or charges by the Association.
10. Harbor Guests
10.1 No unaccompanied guest shall be permitted to enter the harbor property more than three (3) 24-hour time periods in any 30 calendar day period.
10.2 If a guest of a Unit Owner (or lessee) wishes to enter the harbor property without the Unit Owner (or lessee) present, the Unit Owner must pre-register the guest with the BoD prior to the planned visit.
10.3 Individuals exempt from the specific guest rules and regulations are the Unit Owner's (or lessee’s): son, daughter, stepson, stepdaughter, brother, sister, father, mother, grandfather, grandmother, “in-law”, spouse, or life partner.
10.4 The BoD reserves the right to refuse occupancy or use of the harbor or any facility by any guest of a Unit Owner if:
10.4.1 Repeated violations of the WPH Rules and Regulations, By-Laws, or Declaration occurs
10.4.2 There are safety concerns due to the actions of Unit Owner’s guests or
10.4.3 A Unit Owner is in arrears in assessments or charges by the Association
10.5 Sponsored parties or gatherings including outside guests by a Unit Owner (or lessee)
10.5.1 No "outside group" parties or gatherings allowed during weekends of Memorial Day, July 4th, or Labor Day holidays.
10.5.2 Unit Owners or lessees must request permission from the BoD at least 2 weeks in advance of a party or gathering and indicate the number of guests expected if beyond 10 guests.
10.5.3 Unit Owners or lessees who use the pool house or pool for private parties are responsible for the cleanup of the pool, pool house, and the harbor grounds immediately after the party has concluded.
10.5.4 Unit Owners and lessees are advised to acquaint guests prior to their arrival at WPH with the WPH Rules and Regulations and request they extend proper courtesy to the other Unit Owners.
10.5.5 Violations will be handled in accord with these Rules and Regulations.
10.6 Visitor and Guest Docking
10.6.1 The travel lift unit is the only area designated for visitor/guest vessel docking. In the event of an emergency, the boat may be moved to the pump-out slip temporarily.
10.6.2 Use of visitor/guest slip is limited to two (2) hours.
10.6.3 Overnight use of the slip for visitor guest docking is prohibited.
10.6.4 The boat operator must stay within the harbor while their boat is in the visitor/guest slip.
10.6.5 A visitor/guest must display on the boat windshield (or other prominent visual area on the boat) a note/sign stating:
10.6.5.1 Boat operator's name,
10.6.5.2 Unit Owner or lessee they are visiting,
10.6.5.3 Time of arrival,
10.6.5.4 Cell phone number.
10.6.6 Violations will be handled in accord with these Rules and Regulations.
11. Multiple Ownership of Single Unit
11.1 When either a corporation, group of owners, or a formal organization owns a single unit, only one owner is allowed on the harbor property and use of its facilities at any one time.
11.2 If a corporation, group of owners, or a formal organization will change the vessel being docked throughout a season, the BoD must be notified 24 hours in advance when a vessel will be replaced with another. The new vessel must conform to all rules and regulations prior to docking in the harbor.
11.3 Unit Owners, who are individual owners (single family) of another unit, will have no change in status regarding use of their individually owned unit.
12. Travel Lift Operation
12.1 Travel lift operators must be qualified, certified, and approved by the BoD.
12.1.1 An operator must be a Unit Owner or an outside contractor approved by the BoD; outside contractors must have a Certificate of Insurance on file with the BoD.
12.1.2 Travel lift operation must conform to the harbor Travel Lift Operations Manual that is given to each certified and approved operator.
12.1.3 Approved operators must be listed by name in the BoD minutes of a board meeting. Certification and approval automatically expires at the Annual Association Meeting at the beginning of each year.
12.1.4 The BoD may rescind approval at any time, with or without cause, due to, but not limited to, a violation of these rules or potential negligence.
12.1.5 Any unauthorized travel lift use should be reported to the BoD immediately.
12.2 All vessels must be launched and in the water by May 20th of each year.
12.2.1 Any boat stored on land in the harbor between May 20th and September 10th must have written approval from two BoD members, or one BoD member and the Travel Lift Committee Chair.
12.2.2 If BoD approval is not obtained, the owner of any vessel remaining on land and on blocks or on a trailer between May 20th and September 10th will incur a $100 fine per week.
12.2.3 If an individual is preventing or delaying the spring launch and this results in the delay of other owner’s ability to launch their vessels by the deadline of May 20th, the BoD will approve a move of the vessel in question and an assessment fee of $50 will be charged to the individual.
12.2.4 All blocking must be removed from the harbor by May 23rd.
12.2.5 Boat cradles, jack stands, and blocking shall not be stored on harbor property or on limited common property when not in use.
12.2.6 When a vessel is in the travel lift’s slings, the Unit Owner, lessee, or an authorized representative must be available in the harbor at all times. No vessel should remain in the slings overnight, except with BoD or Travel Lift Committee Chair approval.
12.3 To assist the Travel Lift Committee Chair in coordinating the spring launch, it is the vessel owner’s responsibility to contact their travel lift operator, via email or phone, by April 1st of each year with your launch intentions and schedule.