WEST SHORES LAKE AND HOMEOWNERS
ASSOCIATION, INC.
CONDITIONS, RESTRICTIONS, SAFETY
RULES, AND REGULATIONS
FOR THE WEST SHORES
LAKE AND COMMON FACILITIES
All West Shores Lake
and Homeowners Association (the “Association”) members and/or residents of Lots
1 through 294, (or any new replats thereof), are responsible for ensuring that
they and their guests understand and abide by the following rules and
regulations. Disregard for and abuse of
regulations are grounds for suspensions of lake privileges.
The Association
or individuals acting under the authority of the Association are not liable for
any damages and/or injuries sustained while guests are using the Association
facilities.
When a violation
is observed by a resident member, the Association asks that the violation be
reported to the Board in writing. This
written complaint will be confidential and on file in the event that further
action is necessary. The complaint
should state:
1.
The nature of the
violation.
2.
The date and time of the
violation.
3.
The lot number and name
of the violator, if known.
4.
Signed by the
Association member.
Serious safety violations of
Douglas County or Nebraska State law should be called immediately to the
Douglas County Sheriff’s Dept. or 911.
Any personal injury or property damage involving a boat must be reported
to the Association Board immediately.
I. GUEST
A guest must be accompanied by the
member or a resident member of the family when using any of the common
areas. Members are accountable and
liable for the actions and conduct of their guests.
II. TENNIS
COURTS/VOLLEYBALL COURTS (FUTURE ESTABLISHMENT)
If constructed, tennis courts are
open for general use on a first come first use basis. If other members are waiting, use is limited to one hour. Permission for special occasions for a
limited period of private use may be granted by Association Board of Directors.
III.
SWIMMING/SCUBA DIVING
1.
Swimming across the main
part of the lake is prohibited.
2.
Swimming at the boat
launching and marina area is prohibited.
3.
The 50-foot area
adjoining the residential lots is reserved for swimming.
4.
Scuba Diving is allowed
only by special permit from the Association Board and never on weekends or
holidays.
5.
All scuba divers must
use a flag while diving. All boats of
any kind must stay 75 feet from this flag.
IV. LAKE RULES
IN COVENANTS
Owners and members must comply
with the Lake restrictions set forth in the Declaration of Covenants,
Conditions, Restrictions and Easements of West Shores (the “Covenants”)
recorded on ___________________, 2001, in Book ____ Page ____ of the Register
of Deeds, Douglas County, Nebraska. The
Lake restrictions which are set forth in the Covenants are being reproduced
below for your convenience. All Owners
(members) must comply with both the provisions set forth in the Covenants
regarding usage of the Lake and these rules.
The Restrictions set forth in the Covenants pertaining
to the Lake:
1.
Boats which are not in the water, boat trailers, recreational vehicles,
campers and other trailers must be removed from the Owner’s Lot within 48 hours
unless stored in the garage of the residence.
Boats on trailers may be parked in a driveway during the 15-day period
between April 15 and April 30 and October 15 and October 30 when Owners are
readying their boats for usage and/or storage.
Maintaining boats, boat trailers, recreational vehicles, campers and
other trailers on the Owner’s Lot, other than as set forth herein, is strictly
prohibited (Article I, ¶28).
2.
The Declarant grants each waterfront Lot Owner the privilege to install
a dock in the Lake in front of their respective Lot. All boat docks must be constructed from a polyethylene, vinyl,
fiberglass, aluminum or a non-rusting material and shall not extend more than
30 feet into the Lake from the Owner’s Lake Lot line. The decking on the boat docks can be made of redwood, vinyl or
treated wood material. The plans for
all docks, showing their material, configuration and size, shall be approved by
the DRB or the Association prior to their installation. The boat lifts allowed will be those made of
aluminum, such as “Shore Station-Hewitt” etc., or of a non-rusting type of
material as approved by the Association, with white or gray canopy covers, or
of a canopy color approved by the Association.
The plans for all boat lifts showing their size, materials, colors and
configuration, must be approved by the DRB or the Association prior to their
installation (Article I, ¶29).
3.
Boat Houses are prohibited (Article I, ¶30).
4.
Lot Owners are prohibited from using the Lake for boating unless
construction of their residence has commenced on their Lot and they have a dock
and boat lift in place (Article I, ¶31).
5.
All boats operating on the Lake must comply with all the Lake Rules and
Regulations as well as Regulations established by the State of Nebraska for
boating (Article III, ¶2(a)).
6.
All boats on the Lake must be owned by Lot Owners, registered with the
Association and contain the appropriate and current Association sticker. No other boats shall be permitted on the
Lake. All boats (power boats, canoes,
paddle boats, fishing boats, sail boats, etc.) must display the Owner’s Lot No.
and the Association sticker in the size established by the Association in a
visible position on the starboard AFT (right rear) side Article III, ¶2(b)).
7.
Inboard, Inboard-Outboard and Outboard motors are allowed. Air boats, Jet Powered Boats, Jet Powered
Watercraft classified as Jet Skis, Wave Runners, or any other Jet Powered
Personal Watercraft of any brand, make or model, and Boats with above water
exhaust systems are prohibited (Article III, ¶2(c)).
8.
Boat speeding on the Lake is prohibited. The Declarant and/or Association shall establish the boat speed
limit on the Lake and set forth such maximum speed limit in the Lake Rules and
Regulations. Speed in the launching,
marina, shore and dock areas is always NO WAKE, and on the Lake proper between
sundown and sunrise, is NO WAKE (Article III, ¶2(d)).
9.
All boats and skiers, and others being pulled by a boat, must remain a
minimum of sixty (60) feet from the shore and/or boat lifts and docks Article
III, ¶2(e)).
10.
In addition to the above restrictions and covenants, the use of the Lake
shall also be subject to the Lake Rules and Regulations, as amended time to time (Article III,
¶2(f)).
V.
BOATS - GENERAL INFORMATION AND REGULATIONS
A. All member boats operating on the lake
must comply with all West Shores safety rules and regulations as well as
regulations established by the State of Nebraska.
B.
Boats belonging to guests of Association
members are prohibited on the Lake. Any nonmember boat found on the Lake or its shores may be
removed by the Association
or
its duly authorized agent at the expense of the owner.
C.
Any member who shall have permitted,
authorized or allowed illegal use of or
launching
of a boat in violation of the rules, regulations or restrictions in connection
with
the Association, and/or documents recorded at the Douglas County courthouse,
shall have their rights and privileges as a West Shores member revoked
and the set
charge or fine has been paid and until a formal application for
reinstatement has been
made
to and approved by the Association Board.
This
revocation period shall run for a period of thirty (30) days from the date of
the
application to the Board, unless said thirty (30) days waiting period is
waived by the
Board of the Association.
D.
There is a punitive system for the
violation of boating rules. This is set by the Board of
the
Association. The first offense is a warning. The second offense is a $100.00 fine.
The
third offense in one boating season will result in the suspension of boating
privileges for the rest of the season. Reinstatement will only be after
written
application is made to the Association Board.
E.
All boats (power boats, canoes, paddle
boats, fishing boats, sail boats, etc.) must
display the member's lot number and the Association sticker in the size
so set by the
Association in a visible position on the starboard aft (right rear)
side. Stickers will be
obtained from your Association Board with proof of current registration,
proof of
liability insurance, and current dues.
F. To maintain safety for participants,
boats may be restricted during special events as deemed necessary by the
Association Board of Directors.
G. Only one motorized watercraft from each lot
shall be operated on the water at any given time.
H. No boat shall be equipped with sanitary
facilities of any kind, which are capable of directly discharging into the
water.
1.
Inboard, Inboard‑Outboard
and Outboard motors are allowed. Airboats, Jet Powered Boats, Jet Powered
Watercraft classified as Jet Skis, Wave Runners, or any Jet Powered Personal
Watercraft of any brand, make or model, and Boats with above water exhaust
systems are not allowed.
J.
No water bladders, weighted transoms or
any modification to increase boat wake is
allowed.
K.
Boat Sizes and Horsepower
Pontoon Boats. Maximum
length is 22 feet 6 inches determined by the length of the pontoons. Decks not
to extend beyond either end of the pontoons and with a maximum of 75 Horsepower
motors.
Deck Boats. Maximum
length is 22 feet 6 inches with a maximum of 260 Horsepower motors.
Inboard Ski Boats. Ski boats
must be A.W.S.A. approved. Maximum length is 21 feet 6 inches with a maximum of
360 Horsepower motors.
Inboard/Outboard Boats. Maximum
length is 20 feet with a maximum of 220 Horsepower motors, Boats under 18 feet
6 inches with a maximum of 190 Horsepower motors.
Outboard Boats. Maximum
length is 18 feet with a maximum of 125 Horsepower motors. Boats under 16 feet with a maximum of 90
Horsepower motors. All outboard motors must be 4 cycle or 2 cycle with D.F.I.
or Fitch injection only.
Boat Motors. No motors may
be altered or modified from their original factory production standards to
increase their performance or Horsepower.
L. Boat speed limit on the lake proper is
40 MPH. Speed in the launching, marina,
shore and dock areas is always NO WAKE, and on the lake proper between sundown
and sunrise, is NO WAKE.
M. (1) Future establishment or use of a
slalom course on the lake must be by annual application to and approval by the
Association Board of Directors. (2) If approved, the slalom course must be
utilized when there is minimum traffic on the lake. The course shall only be
used during established hours between sunrise and sunset as a courtesy, boats
should not go through the course when it is in use and should take on the
responsibility to either replace a buoy if they cut it or seek help from a Ski
Club member.
VI. BOATING RULES ‑ WEST SHORES
A. All
boating will be in a COUNTERCLOCKWISE direction.
B. All boats towing water skiers, sleds,
etc. must have a wide‑angle rearview mirror, or an onboard observer, 13
years or older.
C. Boats must not follow a person being
towed (skier, etc.) closer than 200 feet (2/3 of a city block).
D. All boats and skiers, etc. must remain a
minimum of 60 feet from the shore and or boatlifts and docks.
E. Boats and water vehicles of any kind
must not operate between a downed skier and the towing boat.
F. Towlines may not be towed in the water
for more than 300 feet (one city block). Towlines may not exceed 75 feet in
length.
G. Boats shall be limited to a maximum of two
towlines at one time and only when there is minimum traffic on the lake.
H. Boats with a downed skier should turn
around only while turning into or toward shore in order to pick up their skier.
I. Pontoon boats
shall not be allowed to pull water skiers.
VII. BOATING‑STATE
LAWS ENFORCED AT WEST SHORES
A. Children under 12 years of age and
younger must wear approved life preservers when in a moving boat.
B. No
one under the age of 14 years shall operate a motorboat of any class at any
time.
C. All
boats must use appropriate lights if on the lake at night
D. Sailboats, canoes, rowboats,
paddleboats, any vessel not operating under mechanical power, any anchored
vessel, and swimmers always have right of way over any vessel operating under
mechanical power.
E.
Chasing waterfowl with powered water
vehicles is prohibited and is reason to lose
Lake privileges.
F. All
water skiers or persons being towed must wear a life jacket while being towed.
G. All boats pulling people must have an
orange warning flag on board and show it when the person being towed is down.
H. All boats must have a U.S. Coast Guard‑approved
life saving device of Type I, II, or III, for each person on board. In addition,
every vessel shall carry at least one U.S. Coast Guard‑approved throw
able flotation device (Type IV).
I. All
boats must have an efficient whistle or other mechanical sound-producing
device.
J. It
is prohibited to stand or sit on the side edge of a moving powerboat.
VIII.
AMENDMENT
These rules and regulations shall be binding on all
members, and shall be changed or amended only by a written majority vote of the
entire membership, as provided for in the Declaration of Covenants, Conditions,
Restrictions and Easements of West Shores. The number of votes which the
Declarant and each member (Owner) is entitled to for such voting shall be as
set forth in Article II (2) of the Covenants.
Vote to be recorded by the Secretary of Association.
The foregoing West Shores safety rules and regulations
that contain the Lake Rules and Regulations are hereby adopted and approved.
IN WITNESS WHEREOF, the Declarant
has caused these presents to be executed this day of ____________ 2001.
WEST SHORES LAKE AND HOMEOWNERS
ASSOCIATION, INC., a Nebraska not
for profit corporation
By:
_______________________________________
Its__________________________________
CENTURY DEVELOPMENT COMPANY,
L.L.C.,
a Nebraska limited liability
company
By: F & J Enterprises, Inc.,
a Nebraska corporation, its sole member
By: ______________________________________
Frank R. Krejci, President
FIRST AMENDMENT TO WEST SHORES LAKE AND HOMEOWNERS
ASSOCIATION, INC.
THIS FIRST AMENDMENT to the West Shores Lake and Homeowners Association,
Inc. Conditions, Restrictions, Safety Rules, and Regulations for the
West Shores Lake and Common Facilities dated February 15, 2001 is made
on the date shown on the close of this instrument, by Century Development
Company, L.L.C., a Nebraska limited liability company, who is the Declarant
under the Declaration.
WHEREAS, Declarant desires to amend the Rules and Regulations
and make them subject to the following amendments to the conditions,
restrictions, safety rules, and regulations set forth in the rules and
regulations;
NOW THEREFORE, Declarant as majority voting right holder, as
of the date shown below, shall amend the rules as follows:
1. Paragraph IV, subparagraph 2 shall be amended in
its entirety to read as follows:
2. The Declarant grants each waterfront Lot Owner the privilege
to install a dock in the Lake in front of their respective Lot. All boat docks must be constructed from a polyethylene, vinyl,
fiberglass, aluminum or a non rusting material and shall be within the
Owner's Side Lot alignment as it extends to the 40 foot maximum allowed
into the lake from the Owner's Lake Lot line. The decking on the boat docks can be made of redwood, vinyl or
treated wood material. The
plans for all docks, showing their material, configuration and size,
shall be approved by the DRB or the Association prior to their installation. The boat lifts allowed will be those made of aluminum, such as
"Shore Station-Hewitt" etc., or of a non-rusting type of material
as approved by the Association, with white or gray canopy covers, or
of a canopy color approved by the Association. The plans for all boat lifts showing their size, materials, colors
and configuration, must be approved by the DRB or the Association prior
to their installation (Article I, d29).
2. Paragraph V, subparagraph K. Pontoon Boats, shall
be amended in its entirety to read as follows.
Pontoon
Boats. Maximum length is 25 feet determined by the length of the pontoons.
Decks not to extend beyond either end of the pontoons and with a maximum
of 75 Horsepower motors.
3. Except as otherwise amended herein, all of the terms and conditions
of the original Rules and Regulations shall remain in full force and
effect as stated.
IN WITNESS WHEREOF, the undersigned, being the Declarant, hereby
adopts this first amendment to the Rules and Regulations described herein
on this ___ day of June, 2002.
WEST SHORES LAKE AND HOMEOWNERS ASSOCIATION, INC., a Nebraska not for profit corporation
By:
Its
CENTURY DEVELOPMENT COMPANY, L.L.C.,
a Nebraska limited liability company
By: F & J Enterprises, Inc., a Nebraska corporation, its sole member
By:__________________________________
Frank
R. Krejci, President
STATE OF NEBRASKA )
)ss:
COUNTY OF DOUGLAS )
On this _____ day of ________________, 2002, before me, a Notary
Public in and for said County and State, personally appeared Frank R.
Krejci, to me personally known to be the person who executed the above
document as the President of the West Shores Lake and Homeowners Association,
Inc., a Nebraska not for profit corporation, and acknowledge the execution
thereof to be his voluntary act and deed on behalf of such corporation.
Notary
Public
STATE OF NEBRASKA )
)ss:
COUNTY OF DOUGLAS )
On
this _____ day of ________________, 2002, before me, the undersigned,
a Notary Public in and for the State of Nebraska, personally appeared
Frank R. Krejci, to me personally known, who being by me duly sworn, did
say that he is the President of F & J Enterprises, Inc., a Nebraska corporation, which is a
member of Century Development Company, L.L.C., a Nebraska limited liability
company, executing the foregoing instrument, that the instrument was signed
on behalf of the corporation as a member of and for Century Development
Company, L.L.C., a limited liability company by authority of the limited
liability company, and its member and that he as the officer acknowledged
execution of the instrument to be the voluntary act and deed of the Corporation
and the limited liability company by it and by the officer voluntarily
executed.
Notary Public
|
SECOND AMENDMENT TO WEST SHORES LAKE AND HOMEOWNERS ASSOCIATION, INC. CONDITIONS, RESTRICTIONS, SAFETY RULES, AND REGULATIONS FOR THE WEST SHORES LAKE AND COMMON FACILITIES THIS SECOND AMENDMENT to the West Shores Lake and Homeowners Association, Inc. Conditions, Restrictions, Safety Rules, and Regulations for the West Shores Lake and Common Facilities dated February 15, 2001 as amended by the First Amendment to the West Shores Lake and Homeowners Association, Inc. Conditions, Restrictions, Safety Rules, and Regulations for the West Shores Lake and Common Facilities is made on the date shown on the close of this instrument, by Century Development Company, L.L.C., a Nebraska limited liability company who is the Declarant under the Declaration. WHEREAS, Declarant desires to amend the Rules and Regulations and make them subject to the following amendments to the conditions, restrictions, safety rules, and regulations set forth in the rules and regulations; NOW THEREFORE, Declarant as majority voting right holder, as of the date shown below, shall amend the rules as follows:
K. Boat Sizes and Horsepower Pontoon Boats. Maximum length is 25 feet determined by the length of the pontoons. Decks not to extend beyond either end of the pontoons and with a maximum of 75 Horsepower motors. Deck Boats. Maximum length is 22 feet 6 inches with a maximum of 220 Horsepower for carbureted motors or 260 Horsepower for Multi-port Injection (MPI) motors. Inboard Ski Boats. Ski boats must be A.W.S.A. approved. Maximum length is 21 feet 6 inches with a maximum of 360 Horsepower motors. Inboard/Outboard Boats. Maximum length is 20 feet with a maximum of 220 Horsepower for carbureted motors or 260 Horsepower for Multi-port Injection (MPI) motors. Boats under 18 feet 6 inches with a maximum of 190 Horsepower motors. Outboard Boats. Maximum length is 18 feet with a maximum of 125 Horsepower motors. Boats under 16 feet with a maximum of 90 Horsepower motors. All outboard motors must be 4 cycle or 2 cycle with D.F.I. or Fitch injection only. Boat Motors. No motors may be altered or modified from their original factory production standards to increase their performance or Horsepower.
2. Except as otherwise amended herein, all of the terms and conditions of the original Rules and Regulations shall remain in full force and effect as stated.
IN WITNESS WHEREOF, the undersigned, being the Declarant, hereby adopts this second amendment to the Rules and Regulations described herein on this 6th day of March, 2006. WEST SHORES LAKE AND HOMEOWNERS By: _____________________________________ CENTURY DEVELOPMENT COMPANY, L.L.C., By: F & J Enterprises, Inc., a Nebraska corporation, its By: _____________________________________ STATE OF NEBRASKA ) On this 6th day of March, 2006, before me, a Notary Public in and for said County and State, personally appeared Frank R. Krejci, to me personally known to be the person who executed the above document as the President of the West Shores Lake and Homeowners Association, Inc., a Nebraska not for profit corporation, and acknowledge the execution thereof to be his voluntary act and deed on behalf of such corporation. On this 6th day of March, 2006, before me, the undersigned, a Notary Public in and for the State of Nebraska, personally appeared Frank R. Krejci, to me personally known, who being by me duly sworn, did say that he is the President of F & J Enterprises, Inc. a Nebraska corporation, which is a member of Century Development Company, L.L.C., a Nebraska limited liability company, executing the foregoing instrument, that the instrument was signed on behalf of the corporation as a member of and for Century Development Company, L.L.C., a limited liability company by authority of the limited liability company, and its member and that he as the officer acknowledged execution of the instrument to be the voluntary act and deed of the Corporation and the limited company by it and by the officer voluntarily executed. _____________________________________ |