WESTLAKE LAKE RULES AND REGULATIONS
These Westlake Lake Rules and Regulations ("Rules") are binding on property owners, residents, and any person using, working, or entering upon Westlake Lake (the "Lake") and apply to the Westlake Lake Recreational Area, which area includes and surrounds the Lake owned and governed by the Westlake Lake Management Association ("WLMA").
Scenic access by the general public and recreational use of the Lake by the "Westlake" community [as defined in the Westlake Lake Recreational Area Restrictions (CC&Rs), essentially including the Westlake district of the City of Thousand Oaks, Ventura County, the City of Westlake Village, Los Angeles County, and adjacent county areas in the Westlake development] property owners, residents, and their residential lessees and renters, invitees and guests, WLMA guests and visitors, and members of the Westlake Yacht Club in good standing is provided under the authority expressed in the "CC&Rs" and these WLMA Rules. The Rules are promulgated to regulate reasonable Lake use and conduct of all persons coming in contact with the lake.
WLMA allows no business activity on the Lake except as it approves for furthering its purposes.
VIOLATION OF THESE RULES IS SUBJECT TO CORRECTION, FINES AND LOSS OF USE OF THE LAKE AS PROVIDED IN THESES RULES AND UNDER CC&Rs AUTHORITY
KEEP OUR LAKE SAFE See Rule #10 below for QUAGGA/ZEBRA MUSSELS
1. Property owners with any of the Permit rights, being subject to and as individually approved by WLMA, to: use the Lake, register boats, use boat slips and docks, and, for certain WLMA Members, maintain a private dock with boat float under revocable license from WLMA will be allowed to transfer rights and status to successors, assigns, and heirs (the transferees) of their respective property owned concurrent with the property, transfer of such rights being inseparable from lot ownership, so long as in good standing under these Rules at time of transfer. An owner with Permit rights whose property is within CC&Rs jurisdiction may temporarily transfer use of rights [but not the Permit] to owner's lessees, renters or others given permission to reside [occupying the entire home, not renting a room], and who actually reside, at such property and the owner allowing such temporary use shall not simultaneously retain use rights as to such property during such temporary use. Such temporary use of rights shall not enlarge an owner's Permit rights. A property owner/resident allowing a family member or other guest to occasionally use boat owner's boat is not within the meaning of a temporary use or transfer. A property owner or resident who is delinquent thirty (30) days on payment of any Permit fees to WLMA, or has not timely complied with any WLMA hearing decision under the Rules, is considered not in good standing as a Lake User, and not in good standing as a WLMA Member as applicable including as to delinquent Member assessments as well as fees, until satisfying such obligations.
2. All owners who lease, rent, or lend their homes [with or without boat dock] or boats to non-owners are required to give a copy of these Rules to those non-owners and to require that they read and understand the Rules before using the Lake. Such owners, including any tenant of owners as the case may be, are responsible to see that all of their respective lessees, renters, invitees, guests, and other visitors comply with these Rules, and are liable under these Rules for such non-compliance.
3. No materials, plants of any kind, or other improvements of any nature are to be deposited, placed, planted, or constructed in the Lake or the Perimeter Area surrounding the Lake waters without the express written permission of WLMA. No materials of any kind may be disposed of in street gutters, storm drains, or the Lake. Such materials include, but are not limited to, grass clippings, weeds, fertilizer, tree branches, paint, cement, concrete, other building materials, insecticides, oil, soap or soapsuds, car wash materials, or other similar materials.
4. Persons and domestic animals are not allowed to swim in the Lake.
5. Feeding of waterfowl and other birds of any kind on or around the Lake is prohibited. Apart from such feeding affecting the birds diet, uneaten food in the Lake will cause algae growth, potentially depleting oxygen in the water.
6. Except where necessary for boat/passenger and other safety in the case of an emergency, any unreasonable loud disturbance of Lake residents, with noise carrying onto or across the Lake, e.g. loud voices, audio equipment and use of boat horns, or use of bright light emanating from or across WLMA property including from a boat or dock, is a violation of the use of the Lake. Noise or bright lights emanating from Lake areas not owned by WLMA, though within WLMA jurisdiction, is primarily deferred to neighbors, homeowner associations, and local law enforcement.
7. Launching of any projectile on, to or within WLMA property [especially within Lake] is prohibited at all times, regardless of means, weapon or otherwise including water and water balloons, and whether launched from any boat or shoreline location.
8. No fireworks of any kind may be ignited or discharged on or around the Lake at any time.
9. WLMA is not responsible for physical damage or other loss to boats, equipment, or docks except that caused by the active negligence of WLMA personnel acting within the course and scope of such employment.
BOATING AND DOCKS
10. WLMA regulates and requires its advance written approval for each category of boat, and each specific dock installation and boat float and significant changes thereto, whether the dock be individual private, public, Westlake Yacht Club, or homeowner association, intended to be used or placed on the Lake. WLMA regulates the number of boats allowed for individual Lake Users and overall use of the lake. Public dock slips are rented by written agreement with WLMA. Because of the Quagga / Zebra mussels intrusion in California, WLMA, in addition to requiring a WLMA boat permit, insurance, and other compliance with the Rules, has established a process of prior inspection, possible quarantine, and Lake Operations Managers written approval to place a boat on the Lake:
A. The process applies to and is required of all boats [including kayaks and all other types of watercraft], boat motors and equipment [sails, life vests, anchors and line, fenders, etc.], trailers, including boat vendor trailers, coming to the Lake / using boat launch, used boat floats and docks brought to the Lake, and even model boats and other objects intended to be placed on the Lake;
B. A boat, trailer, or other object must be certified to not have not been in fresh water within the last 30 days before inspection, and be dry and free of mud and vegetation in order to avoid a quarantine period, or alternate decontamination treatment that may be from time to time available;
C. The same process of prior inspection, possible quarantine, and approval applies whenever seeking to return any boat and its equipment, or other item described in A above, to the Lake after its removal from the Lake, regardless of whether previously permitted with affixed boat sticker; and
D. Live bait is not allowed on the Lake nor is live bait water storage containers.
11. Boat owners wanting to use or place a boat [including kayaks and other types of watercraft] on the Lake must apply and obtain a Permit from WLMA. Application forms are available at its office. A property owner member of WLMA who is a member of a Westlake Lake Recreational Area district homeowners association may register on a first apply basis a maximum of one boat per district lot or parcel owned to moor at that homeowners association group dock, subject also to further restriction by such association as described in Rule 13.
A. To obtain a Permit, the owner completes an Application form, insures the boat as per WLMA prescribed coverage, provides a certificate of insurance with WLMA added as an additional named insured, and pays the initial annual fee set by and payable to WLMA. The fee is prorated monthly for applications made during the year. No Permit will be issued while prior fines or assessments remain unpaid. When the Application is approved, WLMA issues a permanent boat ID number and WLMA will affix the boat ID sticker after appropriate fees and proof of insurance are provided.
B. A boat owner must renew the Permit for a boat annually on the 1st of January, in order to maintain it, by payment of the annual fee, providing proof of boat continuing insurance by February 15th. No Permit will be issued while prior fines or assessments remain unpaid. On or after February 16th, any boat without a current paid permit displayed is restricted from use on the Lake.
C. There is no grace period as to boat insurance which must be continuously maintained to be entitled to use a boat on the Lake. Any gap in coverage shall be cause for WLMA to suspend the Permit and restrict the use of such boat on the Lake until proof of insurance is restored.
12. When not in use, boats on the water must be moored only to a dock [including allowing kayaks and similar types of watercraft to be stored on a dock], or stored on a particular boat float. Separate approval is required of the specific boat intended to be stored on a particular boat float. No boat may be beached or tied to the shoreline. No boat may be anchored and left unattended. Absent an emergency, no boat may be moored to a dock, however temporary, without permission of owner or other in control. It is recommended that all boats be secured to a dock fitting with padlocks. Items stored on a dock must be inside a dock box approved by WLMA. Boats not registered with WLMA must be stored out of sight and not used on the Lake.
13. Homeowner Association Docks: A property owner member of WLMA who is a member of a Westlake Lake Recreational Area district homeowners association may register on a first apply basis a maximum of one boat per district lot or parcel owned to moor at that homeowners association group dock, subject also to further restriction by such association. The registration of use of boat slips at docks adjacent to the green belts [including tracts 28244, 28459, 29022, and 29048 among others] is restricted to the owners/residents of properties in each corresponding tract whose lot or parcel is not contiguous to the Lake shoreline.
14. Private Owner Docks: A Lake front property owner member of WLMA may register a maximum of three boats per such Lot or Parcel, to be moored or stored on attached boat float at such property. On such Lot or Parcel, the owner may maintain only one private dock, which may accommodate up to three boats, and may maintain one boat float. However, WLMA may allow on a case by case basis, in addition to three boats moored at such dock/float, additional smaller boat(s) such as kayaks, if able to be safely stored on top of such dock or attached boat float, and if WLMA is satisfied such boat use is not an enlargement of the owners personal use intended under WLMAs regulation. All such boats kept at such property shall, from time to time, either be owned exclusively by the property owner and registered with WLMA, or alternatively, exclusively owned and so registered by any renter of such property where the property owner has allowed the renter exclusive temporary use of the dock/boat(s) at such property under Rule #1.
15. WLMA shall retain the right to decide from time to time how many boats each property owner member of WLMA, or other possessor of rights, may have at each dock, whether individual, public, Westlake Yacht Club or homeowner association, what other boat access to the Lake is allowed, and the arrangement of each dock, boat float and boats based on water space, boat length, accessibility, and overall needs for the Lake regardless of prior boat registrations and dock approvals, but subject to other provisions of the Rules regarding existing docks
16. The marina area dock space (public docks) developed at the Lake is available, for rental fees set by WLMA, to the Westlake community, with allocation of available marina dock space reviewed monthly by the Lake Operations Manager as necessary, in priority as follows: Pursuant to CC & Rs.
A. 30% of available spaces, on a first apply basis with: First priority to the property owners as to their Westlake community property lying outside the Westlake Lake Recreational Area, and Second priority to:
(1) the general public of residents residing within Westlake but outside the Westlake Lake Recreational Area and
(2) members of the Westlake Yacht Club in good standing;
B. 70% of available spaces, on a first-apply basis to the Westlake property owners and residents of Westlake including as to property owned and/or resided in within the Westlake Lake Recreational Area as well as elsewhere within Westlake;
C. Lake front property owners whose lots have usable docks and other property owners with Lake access for mooring boats through their homeowners association docks, and respective lessees, renters, and other users under such owners, may not rent marina dock space unless there is excess space after satisfying all other eligible boat owners who apply;
D. All boat owners seeking to rent marina area dock space on the Lake, other than WLMA licensed boat maintenance companies, may rent only one slip and register only one specific boat for such slip; and
E. Rental of Marina dock slips are a privilege (license), not a vested right and such rental is fully revocable. However, in the event an existing renter would lose the right to rent under the above priority system, absent other considerations, the renter will have the right to finish the calendar year validly rented before being required to remove the registered boat and surrender the slip. A marina slip renter may be required to move or remove the registered boat at any time to accommodate dock or dock area-affecting maintenance or repair for the duration of such work, with appropriate fee adjustment if no alternate space is available during maintenance or repair. Boat owners may not sell or otherwise transfer their slip (with their boats) in order to circumvent the first come rule.
17. Day use boating permits are not available except under special circumstances, such as Olympic crew training and sailing regattas sponsored by Westlake Yacht Club. Only boats inspected by the Lake Manager on the day of use, that have not been in fresh waters in the last 30 days, and otherwise in compliance with these Rules, may launch onto the Lake
18. No boat that exceeds eighteen feet (18' 0") in overall length or exceeds eight feet six, inches (8' 6") in maximum beam, may be on the Lake. Exceptions are:
(a) Work boats of WLMA and of WLMA authorized work contractors, and
(b) Rowing shells which may exceed the eighteen foot (18' 0") limitation at the written approval of WLMA.
Prohibited completely from the Lake are multi-hulled sailboats, inflatable boats or rafts, wind-surfers, surfboards, jet-skis, motor surfers, standup paddleboard, and water skiers. Any such illegal category of watercraft or activity on the Lake will be considered an immediate safety hazard under the Rules.
19. All powerboats must be electrically propelled except for those used by WLMA, any approved boat service concessionaire licensed by WLMA, and the Westlake Yacht Club patrol boat involved with regattas and other sailing activities
BOAT SAFETY AND SECURITY
20. Federal and State law requires boat users to follow the "Rules of the Road" under the Inland Navigation Rules Act. Boaters at Westlake are primarily governed operationally by the California Harbors and Navigation Code and related Vehicle Code. WLMA further emphasizes and directs boaters to be familiar with the package of information titled: "Important Reminder for Electric and Sail Boaters" (Attachment 1). WLMA is not a government agency and exercises control in matters of safety and reasonable use of Westlake Lake only under its corporate jurisdiction.
21. When loaded, boats must be maintained in balanced condition to avoid capsizing. Boats may not be loaded beyond the manufacturer's recommended capacity.
22. All equipment used on any boat shall conform to California State Boating Laws and, among other items, each operating boat shall carry a Coast Guard-approved life jacket (personal floatation device type I, II, III, or V) for each person on board and additionally, as to boats over 16', one throwable flotation device (type IV).
23. It is recommended that all children and non-swimmers while underway, and children under seven years of age while on docks or boats moored to docks, wear a Coast Guard-approved life jacket. Under California law, children under 12 years of age on board a boat operating less than 26 feet in length shall wear a Coast Guard-approved life jacket type I, II, or III; failure to wear is an infraction under such State law with the responsible person(s) subject to a governmental fine.
24. Any person under the age of fourteen (14) operating a powerboat on the Lake must be accompanied by a parent or other responsible adult in the boat.
25. No boating activities, nor activities on docks, are permitted earlier than 1 hour before sunrise or later than 11:00 p.m. except in an emergency or for return to home dock. (See 26 below)
26. All low profile boats and other watercraft, including but not limited to all kayaks, skulls, pedal boats, sail boats, fishing boats, etc., with or without running lights, and/or, with or without power, are not permitted on the Lake one hour after sunset to one hour before sunrise. All other single hull boats, and party boats, are permitted on the Lake between sunset and 11:00 p.m. (see 25 above), however, they must be equipped with fixed running lights (not clamp ons, flash lights, lanterns, candles etc,) and they must have their fixed running lights turned on and showing between sunset and sunrise and during restricted visibility. Docking lights are used for docking purposes only.
27. No boat shall exceed five (5) miles per hour except patrol boats on emergency calls. The speed limit in finger basins is three (3) miles per hour.
28. Fishing is restricted by permit, for fees set by WLMA, to the property owners and/or residents of the Westlake community and their lessees/ renters. And when asked by Lake Patrol or other lake officials you must show proof by presenting a valid California driver license or other acceptable proof of residency. The required Lake Permit, badge, and complete WLMA fishing rules may be obtained at the WLMA office.
29. California Fish and Game laws apply to those who are fishing at the Lake, California law requiring a valid California fishing license for all persons fishing who are sixteen (16) years of age or older [California Fish and Game Code 7145].
30. Current WLMA fishing permit badges and lanyard must be visibly worn while fishing. Residents may purchase guest badges for their respective guests; however, purchasing residents must accompany their guests at all times while fishing at the Lake. All fishing permit badges expire on December 31st, regardless of when it was purchased.
31. No fishing is allowed earlier than one hour before sunrise or later than one hour after sunset. Fishing is permitted in those areas designated by WLMA and not from private property, public or Marina docks, or green belts without permission of the owner.
32. Fishing may only be by barbless hooks. No live, cut live or organic bait is allowed only artificial lures, plastic baits, spinners, or artificial flies. Fish caught are to be promptly released back into the Lake. When fishing, avoid maneuvering near other boats. Show courtesy by recognizing that even normal level voices can resonate across water in the quiet of early morning and evening.
33. Persons who fish and do not follow these Rules may be permanently excluded from fishing the Lake.
34. No commercial fishing operation such as "guiding for hire", lessons/instruction for a fee or boat rental is permitted. Boat/equipment sales and leasing is only permitted with a valid written license services agreement with WLMA.
35. Loaning, selling or transferring your fishing permit badge to any other person is prohibited, and such actions are void. Further, Guest badges may only be used by guests accompanied by original named purchaser of the Guest badge.
36. The accompanying WLMA fishing rules pamphlet (Fishing at Westlake Lake) provides further rules and guidance, and is made a part of these Rules incorporated by this reference.
CONDITIONS OF BOATS, DOCKS AND FENCES, AND SHORELINE MATTERS
37. Boats and docks shall be kept in a safe and sightly manner as determined by WLMA or the Lake Operations Manager. The owner will be notified if a boat or dock is found in an unsafe or unsightly condition, and the owner will be given fifteen (15) days to repair or remove the boat or dock, or such lesser specified time period where urgency of a Lake safety or security matter is described. Unsightly condition includes, without limitation, the need for paint or stain, or change of color. If uncorrected within the notice period, or even without notice in an emergency, WLMA shall have the right to make necessary repairs or impound the dock [for example, where found floating loose in the Lake] or boat [for example, if abandoned, not moored, or unable to identify the owner] and be reimbursed for its costs.
A. WLMA has the right of inspection of docks and boats, whether a WLMA member or other authorized Lake User places the boat on the Lake. The following CC&R's provision shall apply by these Rules equally to all Lake User boat owners [substituting "boat owner" for the term Member in the provision below]:
"7.8 Operational Inspection. WLMA's employees and other representatives shall have the right to enter onto Boats in the Lake for safety inspection upon giving notice sufficient to the involved Member to afford the opportunity for the Member or representative to be present at the inspection, and the right to cure violations under the Governing Documents in the event the Member does not so cure after reasonable notice and opportunity for the matter involved. The Association and its representatives conducting such noticed inspection and/or cure shall not be subject to liability for trespass. Nothing in this provision is meant to limit the Association's right to act in an emergency, including without notice, and to act without notice to conduct shoreline and other Lake maintenance and affix Boat stickers, which activities can occasion employees going upon Boat Docks and having access to Boats."
B. Under the foregoing CC&R's section 7.8, WLMA is not subject to liability during an inspection by reason of damage to persons or property: "... unless the injury, damage or loss can be attributed to the negligence or willful misconduct of WLMA's directors, officers, Committee members, other volunteers, employees, or other representatives." [CC&R's 11.3]
38. Boats must be free from all fire hazards and kept in good overall condition, with bilges, cockpits, and/or wells reasonably clean, free of excess water, and the visible hull structure sound, i.e. not in a semi-submerged or submerged state
39. All electrified fences are illegal. No coot fences are allowed in the Lake, and non-electrical fences approved by individual homeowners associations are to be set back at least twenty-four inches (24") from the shoreline to allow access for Lake cleaning.
40. Any repair or alteration at the Lake shoreline, including docks, must comply with CC&R's and these Rules, and have prior written approval from WLMA.
41. Persons owning or otherwise in control of a dock, boat or property contiguous to the Lake, who hire part or full-time contractors or workers for dock, boat or other Lake-related work, are responsible for obtaining in advance of construction and maintaining and/or verifying maintenance all appropriate insurance including but not limited to general liability, specific construction, and workers compensation (through homeowner policy or contractor's) insurance. Lake-related work other than on a person's boat or dock shall require WLMA be named as an additional named insured on all appropriate insurances.
42. WLMA has right of access onto any lakeshore lot to do Lake maintenance and repair work, and will endeavor to give advance notice except as to routine shoreline cleaning. However, residents should assure themselves that the persons who enter their property are bona fide employees or contractors hired by WLMA by requesting appropriate identification from the workers or by calling WLMA at (818) 889-5377.
43. The accompanying "Dock Construction and Maintenance Rules and Guidelines" provide further rules and guidance as to docks and are made a part of these Rules incorporated by this reference.
AUTHORITY AND ENFORCEMENT
44. The authority of WLMA is held ultimately by its Board of Representatives, and may be exercised equally by the Board's Executive Committee in the operation and administration of the Westlake Lake Recreational Area and the application of these Rules except as expressly noted in the Rules. The most recent set of Rules certified by the Secretary of the Board as approved shall be accepted as the current governing Rules unless the person acting has actual or constructive notice of a later WLMA approved change.
45. Delegation of authority by the Board or Executive Committee to others to carry out any portion of the Rules shall be expressed in writing and contained in the Rules, or otherwise made available including at the WLMA office.
46. The Lake Operations Manager and the Manager's Lake Patrol have authority to generally enforce the Rules pertaining to the use of the Lake, and may restrict or prohibit the use of the Lake and all related facilities to any person or persons when:
(a) Such person or persons is considered to possess insufficient skill and knowledge to operate a boat;
(b) There are too many boats operating on the Lake
(c) The Lake facilities are overburdened;
(d) Foul weather conditions exist;
(e) A direct operational provision under these Rules is being violated; or
(f) There is any other reason related to safety and/or security.
A. In exercising authority under this Rule 46 that is designed to positively meet various pre-emergency as well as emergency situations, the paramount guiding principle is assistance to involved individuals - acting for their safety as well as others, and resistance by persons involved should be met with caution so as to avoid negative escalation of the situation.
B. Absent a submerged or semi-submerged boat, dock or any other hazard situation, WLMA personnel shall not remove a boat, dock or boat float from the Lake or from a dock until directed to by the WLMA Board or Executive Committee, and in any such hazard situation, removal shall be to immediately return the item to the owner's dock or slip if at all possible. WLMA personnel may in such safety/security situation escort or tow a boat with or without person(s) on board to an appropriate mooring dock or shore without regard to any issue of a Rules violation being involved. Removal without prior Board or Executive Committee authority is not an alternative choice for WLMA personnel in any situation or dispute over an owner's lack of paying for and/or displaying a boat sticker or for lack of insurance, among other circumstances.
C. In all situations where persons are uncooperative, either to an escort or when requested to leave or not enter the Lake, WLMA employees are instructed to seek assistance of local law enforcement and/or trained medical personnel as considered necessary at the time.
D. In all situations, WLMA personnel will endeavor to contact and communicate with involved members and other boat owners to identify property ownership issues and seek to resolve issues with least disruption to persons and property while discharging their duties to supervise the Lake.
47. As to asserted violations of WLMA's governing documents, except as circumstances may allow WLMA to follow different procedures under Rule 46 above or CC&R's provisions, WLMA shall follow the procedures set forth below in these Rules for advance notice and right to an evidentiary hearing before the Board or Executive Committee, with right of reconsideration before the Board. Any such determination is subject to additional rights of alternative dispute resolution and to proceed in a court of law or equity.
A. The procedure for determination of an incident [violation of one or more Rules or other governing document provisions] and imposition of corrective action and/or fine, loss of Lake use and/or other penalty on a Lake User shall include:
1. A minimum 15-day warning Notice to correct a condition and/or cease conduct in violation of these rules. The noticed person must respond in writing that correction has been completed [or commenced and completion will occur in reasonable time] or that the violation conduct will be discontinued without intent to repeat. If no response,
2. A minimum 15 day notice to appear, (not counting day of mailing) at an evidentiary hearing where WLMA may make a determination as to whether the noticed person(s) committed an incident and, if so, impose penalty, such latter Notice to include the type and range of potential penalty involved with the proceeding, however
3. WLMA may combine warning and hearing notices as one Notice in extraordinary circumstances where:
(a) WLMA has been required to act, or must act in the future, to, among other issues, remove a sinking or submerged boat, dock or other item causing a hazard to the Lake belonging to a Lake User, or
(b) WLMA Board or Executive Committee determines that extraordinary circumstances are present in any other matter, and so states these extraordinary circumstances in the combined Notice.
B. When WLMA is imposing action and/or penalty the following is a guide, taking into account the number and nature of incidents committed by the subject person(s), including the one currently being determined, but shall not restrict WLMA from appropriate measures to meet extraordinary circumstances, and in all cases shall include repairs to boats, docks and other property as WLMA reasonably and presumptively determines as necessary to the safety and/or security of the Lake. It is possible for a Lake User to be cited for more than one offense within a single incident, and in the same day, be cited for more than one incident if distinctly separate including a time separation.
(1) First Incident: A warning notice, except WLMA may impose reimbursement costs described in B7 below in any incident, including First Incident, pursuant to a hearing determination;
(2) Second Incident: A fine up to $250.00 and/or loss of lake use restriction up to 30days;
(3)Third Incident: A fine up to $500.00 and/or loss of lake use restriction up to 60days;
(4)Fourth incident: a fine up to $1000.00 and/or loss of lake use restriction up to 90 days.
(5)Subsequent incidents as determined only by the Board with the fine portion of remedy imposed not to exceed $1500, and loss of use portion not to exceed one year without the Board revisiting the situation yearly thereafter to determine whether loss of use is to continue in each such ensuing year.
(6)Regardless of whether a particular matter is a first or subsequent incident, where extraordinary circumstances have been determined to exist and noticed: 1) the Executive Committee may skip one incident level in determining and imposing a fine/loss of lake use, and 2) the WLMA Board may skip two incident levels except in the case of an incident involving serious injury [including threat thereof] where the Board may determine the incident as if the Fifth or subsequent incident.
(7)Among other remedy beginning with the first incident, WLMA has the right of reimbursement of costs in connection with protecting the Lake including, but not limited to, the costs of third party assistance which reimbursement shall not be considered part of any fine that may be imposed.
C. Under a penalty restricting use of the Lake, WLMA may include pad locking a boat to the owner's dock or rented slip, impounding a boat at WLMA docks, or removal not just from use but rather completely from WLMA property as the situation may warrant, but generally favoring the first alternative.
48. All Notices required under these Rules or otherwise intended by WLMA's governing documents shall be made in writing whether or not provided in any other form. Notice is required where a matter involves assertion of violation of Rules by a Lake User or potential loss of use of Lake and/or other penalty. The written notice(s) required shall be made by certified mail, return receipt requested, in person or by other receipt delivery system, sent as the case may be to the last record address of the Lake User (and last known address if different), or, in the case of notice given by a Lake User to WLMA, to the WLMA office. Advance notice of any action or hearing as to any Lake User shall be given in compliance with California Corporation Code notice laws, including provision for any scheduled hearing to be at least five (5) days before the day an action or hearing decision is to take effect.