SEBAGO HARBOR ASSOCIATION, INC.

BY-LAWS
OF THE
SEBAGO HARBOR ASSOCIATION MARINA
(Amended 1/1/10)

The Sebago Harbor Association Marina is land set aside by the Sebago Harbor Association for use as a dock area for the members of Sebago Harbor Association. The Sebago Harbor Association Marina is managed by the Sebago Harbor Association Marina Committee under authority granted pursuant to the Sebago Harbor Association By-Laws and Sebago Harbor Association Rules for Use of Common Facilities and Properties.
MARINA BOAT SLIP/MOORING ASSIGNMENT GUIDELINES
The following are guidelines, which the Sebago Harbor Association Marina Committee will apply in allocating boat slip assignments. While every situation cannot possibly be addressed, the Sebago Harbor Association Marina Committee will use its best efforts to be as fair as possible in resolving any situations not specifically addressed below. In this regard, we would hope that individuals would act to meet the intention of these guidelines, which are as follows:
Boat slips are considered a significant benefit to Sebago Harbor Association members, and therefore use by as many members as possible is of prime importance.
Existing boat slips and any expansion thereof is strictly limited to the provisions and regulations of the Town of Naples Shoreland Zoning Ordinance (as amended) and any additional safety requirements as established by the Town of Naples Harbormaster and the Town of Naples.
In accordance with the benefits of boat slips, allotment will be strictly on a seniority basis for all Sebago Harbor Association members, including those elected to the Board and/or committee chairperson(s), and to any property owners that can establish deeded easement, right of way, or other similar property rights to use the common areas of Sebago Harbor Association.
All boat slip assignments will be determined by the member’s position on the Sebago Harbor Association Marina Master list. The master list contains current marina renters, association members, and other easement/right of way holders waiting for available boat slips.
It has been determined by the Town of Naples Harbormaster that no moorings should be placed along the Sebago Harbor Association waterfront properties. In accordance therewith, the Sebago Harbor Association and the Sebago Harbor Association Marina Committee have decided that no permission shall be given for the placement of a mooring along Sebago Harbor Association common area waterfront property.
The following are the more specific Marina Guidelines, which the Sebago Harbor Association Marina Committee will apply in allocating boat slip assignments.

MARINA GUIDELINES
On or about March 1 of each year, the individuals having a boat slip the previous year will be notified of their opportunity to renew their rental. A deadline for renewal of April 15 of each year will be established by which the written renewal application and applicable yearly dues must be received by the Chairman of the Sebago Harbor Association Marina Committee. The following guidelines will be used for those assignments:
Individuals who were assigned a boat slip the previous year will be able to assure
themselves of that assignment for the forthcoming year by returning a properly completed
renewal application by the deadline date with a check to cover the annual maintenance fees
due.
Upon availability, individuals who were not previously assigned a boat slip will be assigned
according to their seniority on the Marina Master List maintained by the Marina Committee
Chairman.
An individual’s seniority on the list is established by the date that they contact the Marina
Committee Chairman. Additions to the Marina Master list can be made at any time by
calling, or e-mail (if available), the individual named in the Marina Master List/Waiting List
Section herein. It is the homeowners responsibility to ensure their information is correct and
on the list. The Marina Master List is available upon request.
Continued, current payments in accordance with the Sebago Harbor Association By-Laws of
any general, road maintenance, beach maintenance and/or other Association assessments, as
may be in force and applicable, is required to maintain membership in the Sebago Harbor
Association Marina, an assigned boat slip, and your position on the Marina Master List.
Slip assignments are made in order to accommodate the specific needs of the individual boat
owner; however, the width and length of finger piers/boat slips are standardized. In order to
avoid undue nuisance and/or encroachments to adjacent property owners and for the
consistent safe operation of boats within the marina, the size of a boat docked in the
marina is limited to a maximum of beam of eight feet, six inches (8’6″) and length of
twenty-four (24) feet.  When an opening occurs, either at the beginning of the season when
the initial assignments are made or during the year, after the initial assignments, the
following procedure will be followed:
a.    Open slips as set forth in the Sebago Harbor Association Marina Slip Layout will be assigned based on the homeowner’s seniority on the Marina Master
List.
b.    Individuals who turn down the offer will not retain their seniority position on the Marina Master List. They will be dropped to the bottom of the list.
c.    If an individual subsequently determines they want to relinquish their boat slip, they will
retain their seniority position on the Marina Master List, but shall have no right to regain
a boat slip until an opening occurs, at the discretion of the Marina Chairman.
d.    If the opening occurs during the season and after the initial assignments are made, the
individual moving into the spot should reimburse, on a pro-rated basis, the individual
vacating the spot. However, this reimbursement is left up to the parties involved, and the
Sebago Harbor Association or Sebago Harbor Association Marina Committee will not be
responsible for any reimbursements.
6.    No individual may assign, sublet or loan a boat slip, nor offer his/her allotted boat slip for
lease, whether separately, or in connection with the sale of his/her boat or in connection with
the rental of his/her property located either on Harbor Road, Lakeview Drive, or elsewhere.
Individuals that do not need their space for one or more seasons must advise the Marina
Chairman so that the space may be reallocated to the next eligible individual.

No individual may be assigned more than one boat slip if there are others waiting.

All boat owners and operators should be familiar with, and practice the watercraft rules of the
State of Maine.

The Marina Committee reserves the right to revoke an individual assignment of boat slip if
the boat assigned to that slip is, at any time, operated in an unsafe manner or violates the laws
of the State of Maine or any specific rules established by the Marina Committee or the
Sebago Harbor Association.

The Marina Committee shall make available a copy of these by-laws to the member when
they are placed on the Marina Master List.

The Marina Committee Chairman will, from time to time, verify that the boats occupying
slips are titled/registered to the individual assigned a space. The Marina Committee reserves
the right to revoke the assigned slip if it determines that this provision has been violated.

Boat slip rental fees may be revised from time to time by the Sebago Harbor Association
Marina Committee. Any proposed revision to the rental rates shall only be effective after
written notice to all individuals on the Marina Master List.

The marina docks, shoreline area and marina parking area are all considered to be part of the
”marina”, which is owned entirely by the Sebago Harbor Association.

Vehicle parking in the area designated and posted as “Marina Parking” shall be for the
exclusive use of Marina Members and their designated guests while making use of their boat.
Any vehicles not belonging to Marina Members or their guests will be construed as a
violation of these Marina By-Laws and shall result in forfeiture of an individual’s position on
the Marina Master List. No marina member shall use the Marina Parking area for guest
parking when boat is not in use. Marina members are encouraged to notify violators of the
parking rules.

Use of the Marina is reserved for all members in good standing, (i.e. paid to date marina,
general association fees/dues and any other fees and/or assessments). The Marina Chairman
may challenge users to assure compliance.

The Marina Chairman controls the marina functions and has jurisdiction of same, subject to
the Sebago Harbor Association Board of Directors and its concurrence therewith.

All boaters shall carry adequate insurance to cover liability and any physical damages related
to their boat. The marina will provide general liability policy for the docks, but no guarantees
are to be implied.

The penalty for non-compliance of articles 1, 4, 6, or 11 of these Guidelines shall be the
immediate forfeiture of any assigned boat slip, with no refund of rental monies paid, and the
removal of the individual’s name from the Marina Master List. These persons may be re
instated to the end of the list at the discretion of the Marina Committee;

The permanent walkway is the sole property of/the Sebago Harbor Association.

Marina docks and finger piers are the sole property of the Sebago Harbor Association.

Marina boat slips are not deeded property and cannot be transferred upon the sale of a marina
member’s property to a bona fide purchaser. Upon the sale of property to a bona fide
purchaser for purchase money, a marina member is removed from the Marina Master List,
unless ownership of one lot within Sebago Harbor Association is retained.

The Marina Committee shall be responsible for making recommendations to the Sebago
Harbor Association Board of Directors and the Town of Naples for any expansion of the
marina and shall consider all factors, including but not limited to available funds, shoreland
zoning compliance, and Harbormaster approval

Membership in the Sebago Harbor Association Marina is not to be construed in any manner
to entitle or otherwise grant any ownership interest, membership and/or voting rights in the
Sebago Harbor Association.

In accordance with Paragraph 23, any Marina Member who is not also a Sebago Harbor Association member shall not be considered a voting member of the Sebago Harbor Association Marina Committee, but rather an “Associate Member”. “Associate Member” status shall entitle that Marina Member to all of the benefits contained in these Sebago Harbor Association Marina By-Laws with the exception of voting rights on the Sebago Harbor Association Marina Committee. Regardless, Associate Marina Member shall be bound by the rules and regulations contained herein.

MARINA RULES & REGULATIONS

Boats towing skiers, tubes, or other floats must operate in an appropriate distance from docked boats, docks, shore, etc.
No wake allowed within two hundred (200) feet of shore.
Re-fueling boats is not permitted at the marina dock.
All non-essential dock materials shall be removed from the marina area.

Removal of trash and waste while using the Marina area is the responsibility of the individual marina
No camping or tents shall be permitted in the designated marina area.
All boats must be removed from the water prior to November 1 of each year unless notified otherwise. Removal of the slips is the responsibility of the Sebago Harbor Association Marina Committee. Sebago Harbor Association Beach #2 has been reserved for the exclusive use of the Marina Committee for winter storage of marina docks and equipment.
No private property shall be stored (including but not limited to cars, trucks, RV’s, unauthorized boats or watercraft, moorings, docks) in the designated marina area.

Be aware of the Sebago Harbor Association beach/swim areas and applicable safety regulations. Use common courtesy while operating within the marina area.
No major repair work shall, other than minor repairs and routine maintenance shall be performed on any boat within the marina.

Anyone using or visiting the marina does so at his/her own risk. Sebago Harbor Shores Marina and/or Sebago Harbor Association does not assume any responsibility for loss or damage to property or personal injury.

Swimming, diving or towed water sports is prohibited from all docks. Running or horseplay is prohibited from all docks

Use of barbecue grills or other types of portable open flame cooking devices are prohibited on docks or boats moored within the marina.

Consumption of alcohol on Sebago Harbor Association marina docks is not allowed.