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rebel heart · 18-10-2011, 19:50

Rebel Heart - Sailing, cruising, liveaboard blog and website - Eric's Blog - TheKeel Podcast #1: An Hour With A Marina*Manager

markpierce · 18-10-2011, 20:00

There are many, many marinas in the Delta (close to Oakley), so if you don't like the way the marina is maintained, move to a different one. But you'll probably have to be surreptitious about living aboard since the percent of liveaboards is limited and there are usually waiting lists.

Vyndance · 18-10-2011, 20:22

You still haven't said what rights you would like or think you are entitled to. I just pulled my live aboard addendum to my maritime wharfage contract with one of the biggest marina conglomerates in CA. (Ventura West, Dana West, Harbor Island, San Diego Mooring and more.)

9.Floating Home Residency Law Inapplicable

10.No Residential Tenancy Created.

Basically and they say it is a privilege not a right and revocable at any time for any reason of their choosing. Also in CA you are probably on a month to month wharfage agreement.

If you don't feel like moving you may want to tread lightly.

rebel heart · 18-10-2011, 20:40

A lot of the rules are written for "problem tenants". Losers with big dogs, rotten boats, and bad attitudes. They need aggressive wording and all the cards in order to clean up blighted mooring fields. Probably 1/4 of the boats on moorings here in San Diego are never going to get underway again and need to be scuttled or scrapped but it takes forever to get it done because of the legal rights that the "tenants" have.

Any rights that you have will also be had by some bum living on a floating carcass selling pot in the mooring field, wasting the police's time and giving us all a bad name. There are some crummy marina and mooring managers but for the most part if you are a decent tenant and pay your bills on time you can get away with murder.

vintageray · 18-10-2011, 23:48

Quote:

Originally Posted by rebel heart

A lot of the rules are written for "problem tenants". Losers with big dogs, rotten boats, and bad attitudes. They need aggressive wording and all the cards in order to clean up blighted mooring fields. Probably 1/4 of the boats on moorings here in San Diego are never going to get underway again and need to be scuttled or scrapped but it takes forever to get it done because of the legal rights that the "tenants" have.

Any rights that you have will also be had by some bum living on a floating carcass selling pot in the mooring field, wasting the police's time and giving us all a bad name. There are some crummy marina and mooring managers but for the most part if you are a decent tenant and pay your bills on time you can get away with murder.

"Losers with big dogs",? Where did that come from and who are you to say such a thing? I live on my boat with a chocolate Lab and I assure you, I'm not a loser in any respect.

**boatman61** · 19-10-2011, 02:38

Quote:

Originally Posted by vintageray

"Losers with big dogs",? Where did that come from and who are you to say such a thing? I live on my boat with a chocolate Lab and I assure you, I'm not a loser in any respect.

ROTFLMBO.............
I think Rebel was refering to the 'Hardcase in Leather Pants and Vest' showing his muscle and trying to look hard enough to not need the Pitbull on the end of the lead....
Most dangerous thing on a 'Lab' is his tounge......

As for tenants rights...
1/ If you keep your boat clean and respect your neighbors..
2/ If you pay your fee's in advance...
3/ If you keep a low profile...
4/ If you don't Piss Us Off...
YOU CAN STAY............
Anything different...
YOU CAN GO....

pillum · 19-10-2011, 04:44

Quote:

Originally Posted by hellosailor

"There's gotta be some rights i'm entitled too. "
What an attitude! You are entitled to the rights granted you by your sovereign. In this case, by the State of California plus some federal "rights". If it isn't in the California "Housing" laws or "tenants rights" laws, in some Claifornia Statutes or other legal codes, you don't have any.

A boat isn't a house. The same laws are not applied, regardless of who thinks otherwise. If you can start to change the mindset of the courts--any courts--good on you.

But as for having rights? You're joking, aren't you?

Cruel Hellosailor, cruel but true... Good response, the OP should have though of this on the way into the deal.

Don1500 · 19-10-2011, 05:03

And just because the owner SAYS he abides by HUD rules, doesn't mean he has to.

Again, what "rights" are you trying to achieve? You said you made some repairs or cleaned up some or whatever. Do you want compensation for that? Should have thought of that before you did it. I don't think even HUD grants that without prior arraignment with the owner.

osirissail · 19-10-2011, 05:23

And there is the little matter of whether this "marina" is legally a marina. It may be unlicensed and located in an area where marinas are not legally allowed. In such a case your are renting "under the radar" and participating in an illegal venture.
- - All in all, whether the place is "legal" or not, the only "right" you have is as "mjwarner" stated "You do have one right under the law if you are not satisfied with your marina. Move."

denverd0n · 19-10-2011, 06:18

Quote:

Originally Posted by vintageray

"Losers with big dogs",? Where did that come from and who are you to say such a thing? I live on my boat with a chocolate Lab and I assure you, I'm not a loser in any respect.

He probably had a bad experience with someone who let their dog crap all over the dock. Why get so defensive? If you are certain that your dog doesn't create problems for your neighbors then you should know that he is not talking about you.

Seahunter · 19-10-2011, 06:31

In California the law is clear that a boat is not a home (house) and that one is NOT covered under rental laws. However, and regardless where you live aboard a contract is important as they are always a two way street. EG most marinas have a clause stating that they can move your boat to another slip if they choose. The law is clear that they have the right to do this, and the law is also clear that if the move is permanent then the moorage contract is void and must be rewritten as it was made in reference to the original slip. How is this good? You can leave anytime after the contract is void and your deposit(s) must be returned immediately.
The key is to know what you're signing when getting involved with a marina. Most marina contracts are not bulletproof because you cannot sign away your basic rights and most are frivolously written at the whim of the dockmaster or owners. Do not sign or initial clauses you are in disagreement; don't worry most marinas are only interested in money and will agree telling you not to tell anybody else about your "deal".
Pick your fight. Sometimes it's good to stand your ground other times not. If you're a sneakaboard you will have little ground to stand on as in many places (Los Angeles County in particular) living aboard without city, state, provincial approval and or inspection is illegal.
On the other hand you cannot be denied right to your property. In Marina Del Rey there's a high end marina that's attempting to restrict boaters (non-liveaboards) to a 72 hour sleep over time period restricted to weekends only. This means you cannot sleep on your boat more than 2 nights in a row midweek. This is actually contrary to county law that allows 3 nights; weekends and holiday weekends excluded.
Contracts are between parties who it is presumed can't keep their word; therefore contracts are always two way streets where you can add your own stipulation(s). Most marina management will be okay with this but if not, beware as this might be a first sign of their inflexibility.

David_Old_Jersey · 19-10-2011, 06:52

You have every right to liveaboard your own boat

but no right to park it anywhere you want and then do WTF you feel like.....

..........if you are using a mooring / marina that is owned by someone else (Private or State) then you get to live by their rules, not the ones you would like........and IMO the "if you don't like it - then f#ck off" attitude is quite reasonable

.......... as well as "You are too much aggro for the money involved - f#ck off"

BTW I am also interested in what "rights" are being sought / wished to defend

nikkim · 19-10-2011, 08:31

well for starter's this whole thing about right after i saved another tenants life after he was rob and litteraly had his head kicked in repeatedly. And come to find out it was another tenant that set it all up to happen. The police had to go to the marina next door to get there video tapes because the cameras here were down that week. I had a gun pulled on me when i noticed something wasn't right and ran to go try and stop these people. Since then the security gate has been left open all day and night for no reason for day's at a time. And I think the harbor master is afraid that the victim might sue. But if that's the case the last thing you should do is buddy up with the person who organized the whole incident. Right? As is it didn't make the paper even though it was defined as a hate crime because of the evidence and the victims sexuality. Now on the other hand the owner has no knowledge of that incident a curing nor of the notice's being handed out. The more i think about it i think the harbor master might think his job is on the line if the owner did find out, witch means no more sending money from the harbor on his own pleasures like four new boats and flying lessons instead of putting the money back into the harbor to improve the structure and dredge the place so that people would want to dock their boats here. But who knows? The only right i'm hoping i'm entitled to is not being homeless. I'm mean all I did was save someone's life and this is what I get in return.