Dart 15 Forums

Hi

I am berthmaster at my club.

We have a few abandoned boats, what is the legal position for us taking posession?

Our rules state:-

Any boat or gear belonging to a person who has ceased to be a
member must be removed from the Club within eight weeks from the
date of their resignation or termination. Unless the boat(s) or gear
are removed within twelve months of this date the Committee may at
its absolute discretion dispose of such boat(s) or gear in any manner
it decides.

I have asked all club members to identify themselves & boats to me via email numerous times. There remain 3 boats for which I can find no owners & these boats are not listed on the membership secretary's lists, current or historic.

On this basis I feel that the club can reasonably dispose of these boats.

Your thoughts would be appreciated.

Thanks

Hi Charles,
The rule at your club is similar to that in place at Carsington. As you know it is a big club and every year there are often several boats whose owners have not renewed membership, berth fees and cannot be traced. They are taking up valuable space for a potential new member. The club does all in its power to trace the owners, but as you have found this is not always easy and there is a limit as to how much time and effort can be expended in the quest. They are disposed of at the Magement Ctte's discretion. Due to the condition of some of the craft, they very often meet their demise in a Valhalla sort of way, usually around Nov. 5th

I understand there is an RYA procedure, but I never invoked it, when I was boat park rep at Thorpe Bay. It entailed publishing in the local press, which is a real bind. However, I did play a little trick to encourage owners of unidentified boats to come forward.

I would remove the rudder or some other piece of equipment from the offending boat. I would then prominently display a notice on the club notice board. "FOUND: Laser rudder. If it belongs to you, please contact Andrew Hannah phone number ......." It often worked!

I reckon we dispose of a couple of boats each year at MSC, some of them cruisers and some dinghies. In rare cases the value of the kit can be significant (> £1000) but most the boats are in poor condition and worth very little.

I have a feeling our process may be based on RYA guidance, and is quite convoluted.

Initially, the club sec writes formally to the owners last address requesting storage fees due and/or removal of abandoned kit.
If there is no response the club sec writes again by recorded delivery to ensure letter is received.
If that fails, the club sec places a formal "disposal notice" in the club's monthly newsletter - I don't think we publish details in local press though
Finally, if the owner does take the boat away, the boat is sold via a 'sealed bids' auction (again formally notified in the club newsletter). Highest bidder gets the boat.
Of the money received, the club takes what is due in membership and boat storage fees (for time boat was abandoned on site)
Any remaining money has to sit in the club account for X years (not sure how long) as I believe the owner can legally demand it if he/she reappears

If a boat is so worthless that no one bids for it, then I expect we proceed to viking burial (wooden boats) or chainsaw massacre (GRP).

All told its a total faff, and makes a lot of work for our volunteer club secretary, but hopefully protects the club and its officers from any comeback. The really annoying thing is that quite a few people push the process right to its closing stages before finally complying and collecting their abandoned kit. This is selfish and totally unfair on other paying members and hard working club volunteers. Sadly some sociopaths just don't have the emotional intelligence to grasp that point. Sigh.

I agree totally that it is a lot of work for usually unpaid volunteers.

The guidance notes from the RYA legal dept can be found at http://www.rya.org.uk/sitecollectiondoc ... 0BOATS.pdf

if the link does not work, type abandoned boats in the website search engine, and follow the links. (Even I managed it first time)

Hope this assists- it is a lengthy time-consuming process, and a nuisance when a hulk is taking up a usable berth, but better to follow set down procedure, when the club will be in a much stronger position should the owner return only to discover his boat has been sold or scrapped.

As others have said we have had the same problem - it is impotrant what your club rules/byelaws say (ours below).

13. Abandoned Boats and/or Trailers on Club Premises.
After a period of fifteen months elapses from the expiration of the last paid subscription period then:
a) The GMC shall be entitled upon giving one-month notice in writing to the Member or former Member, at his last known address shown in the register of Members, to sell the boats and/or trailers and to deduct any monies due to the Club (whether by way of arrears of subscription, fees or otherwise) from the net proceeds of the sale before accounting of the balance (if any) to the Member or former Member.
b) Alternatively any such boat or trailer which in the opinion of the GMC cannot be sold may, upon such notice as aforesaid, be disposed of in any manner the Committee may think fit and the expenses recovered from the Member or former Member. Any arrears as aforesaid shall be deemed to be a debt owing to the Club by the Member or former Member.
Except that the GMC shall be entitled at any time to move a boat to or from any part of the premises without being liable for any loss of or damage to the boat howsoever caused.

Steve

Charles,

I had a similar problem and there is RYA guideance on the matter. Basically you must make all reasonable effort to contact the boat owners and make sure you record everything. I would do the following:
1 Make a list of the unknown boats with as much detail as possible
2 Post the list on the club website and on the notice boards
3 Warn everyone that the club will invoke the rule .....
4 Give 6 weeks notice
5 Provide a sealed bid auction for the boats and equipment

Job done. we raised a lot of money and sold some very good boats which after years of neglect are now being used.

Mike