May a Marina Launch your Boat without permission?

[Bruadar]

We are finishing up a few boat projects and prefer not to be launched until the spring. We have been working on our boat for well over a year and have an annual contract with our marina. They allow DIY in the winter months for an additional fee. We have been given NO options this winter and have been told we are going in the water. The marina is allowing others to stay on land and is actively hauling boats for the winter.

I am all for private property rights and the owner of this marina (a corporation that has been sold and is closing in December) has the right to decide how to manage his business. He is burning bridges and just does not care.

My question is, do we have the right to say no and stand our ground to be launched in the spring? It makes no sense that others are being given this option and we are not. Our sailboat is 50 feet LOD and we cannot launch it ourselves.

Curious if anyone else has had this problem and how did you handle it?

[LittleWing77]

Guess first off, I would go to my marina contract and read all the fine print about DIY and options of the marina.

Because of the December closing and change-of-hands, this forced-launch may have something to do with the new Owner(s). Boats that have sat on the hard for a year (at least you were actively working on her!) may be considered undesireable by the new Owner(s). I'm speculating, of course, but it may be a condition of sale that the departing Owner gets those boats out.

Alternatively, could it be a space/money thing? For instance - get this 50-footer out and I can put 2-3 20-foot powerboats that equate to more fees for the marina...?

Good luck - it does sound very arbitrary from your description in the post, but there must be a reason. Maybe talk with your Marina Manager?

And in answer to your question, yes, I've notified Owners that their boats must go and will be launched on X-date. It was always due to unpaid monies owing and mounting unpaid fees. We also had a clause in our contract covering just such eventualities...

LittleWing77

[Tetepare]

What does your contract say?

Did you talk to the manager or yard workers? The manager should have the official answer, the yard guys the real story.

[LittleWing77]

Originally Posted by Tetepare

The manager should have the official answer, the yard guys the real story.

Good one, Tetepare!

If they'll talk.

Sometimes, they know the real reason, but are smart enough not to convey what they know to the Owner, thus putting their marina at a disadvantage...

It really all turns on the Owner. If he owes fees, is a PIA, the boatwork has gone on incessantly, lots of promises without backup... they probably won't say a damn thing to an Owner.

They know who is paying their paycheques.

LW77

[Snore]

While I am NOT an attorney BUT…I have drank with a few so here are my thoughts.

1-the contract prevails- whatever the terms of your lease are govern what can and cannot be done.

2-The contract would not release the yard from all liability. If they give you notice, and you advise that she cannot float (stiffing box/missing seacock) and she sinks- there will be an interesting court case…. Although you still have a sunk boat. In this scenario, the yard could give you “reasonable time” to fix the stuffing box.. If you fail to fix it, they could fix it and splash the boat, adding the repairs to your bill.


IMHO- read the contract- both parties should simply comply with it. If there is no contract, you are simply out of luck.

[Dave Lochner]

I am aware of a similar situation. The owner was preparing the marina for sale and denied winter storage to any boat that was not going to be a slip holder the following season. Boats that were behind on payments were seized and sold.

A few exceptions were made, one for a Canadian who could not cross the border due to COVID.

Offer to rent a slip for the next season and pay a deposit. See if that changes their tune.

[mbuckely]

GYB I suspect? So glad I didn’t go there for a second offseason. Sorry for your troubles

[Shrew]

As said, read the contract. The terms in regards to time frames and location have always been clearly spelled out at any marina I've had seasonal contracts. About the most vague I've seen is "May to October" to be interpreted as May 1 to October 31.

Usually marinas from the mid-Atlantic and further North have two seasonal contracts "Winter" and "Summer". Winter is usually on land, while Summer is usually docks and moorings. Occasionally you'll find yards that will have a summer contract on-land, but space is precious for parking so they are often restricted or limited.

I'd guess you have a contract to be on land for the summer season, but not for the winter season. I'd further venture that their winter storage is full (which is happening a lot lately) therefore you are being asked to vacate at the end of your contract. There are more boaters than ever and everyone who's been boating has been trading up. We have 5 people in or marina asked to find alternate winter plans this year due to space issues. These were folks who stored their smaller boats in the same marina yard in winter for years.

Squatting would not be the appropriate course of action.

[boat driver]

Originally Posted by Bruadar

We are finishing up a few boat projects and prefer not to be launched until the spring. We have been working on our boat for well over a year and have an annual contract with our marina. They allow DIY in the winter months for an additional fee. We have been given NO options this winter and have been told we are going in the water. The marina is allowing others to stay on land and is actively hauling boats for the winter.

I am all for private property rights and the owner of this marina (a corporation that has been sold and is closing in December) has the right to decide how to manage his business. He is burning bridges and just does not care.

My question is, do we have the right to say no and stand our ground to be launched in the spring? It makes no sense that others are being given this option and we are not. Our sailboat is 50 feet LOD and we cannot launch it ourselves.

Curious if anyone else has had this problem and how did you handle it?

try reading your insurance policy and maybe contact dnr and tell them the vessel is unseaworthy due to missing parts and can not be launched. They may stall you sometime.
are you behind on your bills?
that is your responsibly.

[gonesail]

go talk to the marina manager. it's the only way.

[Bruadar]

Thank you for all the replies.