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Go Back   SailNet Community > Out There > Cruising & Liveaboard Forum > Living Aboard
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  #31  
Old 03-26-2008
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Quote:
Originally Posted by theartfuldodger View Post
I guess the fellow feels frustrated with the way the marina informed him on such a quick notice, as for that I'm on his side. I can't help but wonder if he was just looking for some info on his rights, with respect to renting where he is. I think he was reaching out for help, from people he thought would have some constructive info, boy was he wrong.
Do you go to a sailing forum for legal advise?
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  #32  
Old 03-26-2008
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  #33  
Old 03-27-2008
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Thanks for all the responces.

Maybe this is the wrong place to post such a question. Nevertheless, a one week notice to pay three months of rent is a bit unfair (in my opinion).

Just a month ago new contracts were sent out. The same contracts we have been getting for three years. With the option to pay monthly listed. It was time for renewal.

Then three weeks later this new letter arrived March 24, with a bill due April 1st. No more monthlies only quarterlies, semi-annually or annual.

I filled out the new contract and mailed next months rent check to them postmarked the 20th, the same time there letter was in the mail. Im not sure if they will accept it.

Going by in the morning, have a UPS package to pick up. See what happens.

73's
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  #34  
Old 03-27-2008
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I do agree with you. Short notice, did they cash the check you send in with the new contract. If they cashed the check then that is acceptance.
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  #35  
Old 03-27-2008
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Art-

Considering that the guy basically didn't give any relevant information IMHO... he didn't say whether he had a signed contract regarding paying month-to-month, didn't say whether he had any contract whatsoever for that matter...

Basically, unless he has a written, signed contract... the doesn't have much of a case. The marina is well within its rights to ask for pre-payment. There are so many boats that have been abandoned in marinas, that the marinas have to jump through hoops to get the right to get rid of... I don't blame them for wanting to ensure that they've at least covered for a given period of time.

He's been at the marina for 10 years and live-aboard for the last 3.5 years...he calls the people who bought the marina the NEW MANAGEMENT... owning it for the past three years, no longer qualifies them as NEW IMHO. He's been dealing with them for three years, so how can they be NEW???? He doesn't say whether he's been paying on time or not. If he's been late more than once, there's a good reason for the marina to want to get three-months of rent at a time... it cuts the amount of time they have to chase him down for late slip payments by two thirds... they only have to do it four times a year as opposed to twelve.

When he doesn't give us the marina's side of the situation, and he doesn't give us the all the actual facts of the case—exactly how are we supposed to give him any advice or tell him whether he's got any rights or not???

All he's doing is whining.... and not for very good reason IMHO. His marina rates are exceptionally cheap for a full-time liveaboard. In my area, non-liveaboard marina rates are usually $100/ft. or more for a six-month season. He doesn't even say what size boat he's on... if he's on anything larger than 30'.... he's got a bargain-basement rate for his liveaboard slip and should STFU.


Quote:
Originally Posted by theartfuldodger View Post
I guess the fellow feels frustrated with the way the marina informed him on such a quick notice, as for that I'm on his side. I can't help but wonder if he was just looking for some info on his rights, with respect to renting where he is. I think he was reaching out for help, from people he thought would have some constructive info, boy was he wrong.
Quote:
Iv'e lived on my sailboat for 3.5 years straight this time and seen this marina change ownersship three years ago. New rules/ regs.
Now with new management I recieved a letter saying the marina no longer allows monthley rent payments and only quarterley, semi-annually or yearley.

This letter was received on 3-24-08 enclosed is a bill for the next three months with a due date of 4-1-08. One weeks notice to pay three months in advance ( its for slip rent and liveaboard fee) $774.00.

Ive been here for 10 years and what gives these people the right to jack me around like this.

I need to know what my options are. Im tired of being a doormat.

N 37 16'02".18 W 76 25'21"70
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  #36  
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Waiting to see if or when it clears the bank. They take a few days to post.
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  #37  
Old 03-27-2008
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The only reason for pre-payment on a quarterly basis is if there is:

a. A Financial reward to the person who does this. Pay 3 months get X discount, 6 another discount etc...Prepaying 3 months is just another sham to earn more interest up front on money not yet theirs (the marina)
b. A person volunteers to pay because they will be out on business, more convenient, or intend on sailing for x amount of days beyond what they can determine of paying in person.

With the ability of direct deposit etc...

Sorry..

This is just another method to extort money. Because so many people are foreclosing on houses does that give mortgage companies a reason to charge quarterly? NO.... Because so many auto repos - does that mean your auto loan is based on payments every 3 months ahead... no....

A marina has no actual right to do such... you buy insurance - you can pay monthly, quarterly, yearly - you get discounts for doing so - but nothing prevents you from paying as you go....

Its a sham and I hope it doesn't find its way to the NW...and if not I hope others start a class action lawsuit...
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  #38  
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Uh, Jody? Hello?

They can set up whatever terms of payment they want subject to existing contracts. The only real argument here is the amount of notification required. The devil in this case is only in the details. The contract can specify weekly payment or payment ten years in advance. The only caveat being the possibility of no actual current contract and that there is an existing tradition of payment otherwise. Which, in no way prevents the issuance of a new contract, with different terms, subject to acceptence or rejection by the other party. Rejection constituting an agreement to discontinue the use of facilities and services.
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  #39  
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Quote:
Originally Posted by sailaway21 View Post
Uh, Jody? Hello?

They can set up whatever terms of payment they want subject to existing contracts. The only real argument here is the amount of notification required. The devil in this case is only in the details. The contract can specify weekly payment or payment ten years in advance. The only caveat being the possibility of no actual current contract and that there is an existing tradition of payment otherwise. Which, in no way prevents the issuance of a new contract, with different terms, subject to acceptence or rejection by the other party. Rejection constituting an agreement to discontinue the use of facilities and services.
Uh Hello back.... do you pay quarterly on your house, storage, car etc... most of these marinas are forcing it and for no reason... other than greed... would you give X amount for three months without knowing you will be there three months .... what about your money do you not respect?


Live aboard is a monthly rental agreement no different than renting a house, RV space etc, a marina at a slip where you provide your living accommodations is no different...no where else in the rental market is this practice upheld of charging quarterly dues without some form of discount... a marina is a transient area all regardless...it is also considered renting property...

Think maybe you should think of this in terms of common sense and not the norm legaleeze... because this practice effect you , me , and anyone that that cruises where being forced to pay X amount upfront for a stay that you do not intend and if you do - I doubt you plan your personal expenditures on a quarterly basis but more on a monthly economic scale...These kind of forcings of fincial obligations - after the fact or just even now - trickles to areas where none of us really want to deal with.


We can laugh at the fact that - heck you pay less than I do - but do you ever question why we pay more than what they did? Because we allowed it...supply demand and what the market bears...


uh hello again?

I bet you pay monthly ...
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Last edited by artbyjody; 03-27-2008 at 03:45 AM.
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  #40  
Old 03-27-2008
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I pay subject to whatever contract I've signed and thereby agreed to.
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