Ocean Beach & Bay Club, Inc.
(Ocean Beach Unit III)
2022 Edition
Amended June 4, 2022
Welcome
This Ocean Beach & Bay Club Blue Book should need no introduction as it has been our trustworthy guidebook since 1951.
The 2022 Blue Book contains the following documents:
Certificate of Incorporation – Page 2
Deed Restrictions – Page 5
By-Laws – Page 9
Rules – Page 21
Our Certificate of Incorporation is dated September 22, 1951, and soon thereafter the first edition of our documents was printed with a blue cover. There are a few copies still in existence with several resolutions stapled and pasted to the back cover.
There was a reprint in June 2005, with our whale logo on a blue cover. When the supply ran out, copies were printed in black and white; but it was still called the Blue Book. On October 29, 2012, Superstorm Sandy hit New Jersey shores causing devastation in Ocean Beach III and resulting in many updates to our documents.
Through the history of Ocean Beach & Bay Club, scores of Trustees and members have contributed to the Blue Book, the book with no ending, as it is forever changing. We thank each and everyone as we present the 2022 edition.
Know the contents, refer to it often and let the Blue Book continue to serve our wonderful community with changes, revisions and amendments for many years to come.
2022 Board of Trustees
Note: Always refer to the documents on our web site for the most recent and updated version. We thank member Keith Krecicki for our cover design and the updated logo featuring our favorite whale.
Certificate of Incorporation of Ocean Beach and Bay Club
THIS IS TO CERTIFY that we, the undersigned, do hereby associate ourselves into a corporation under and by the virtue of the provisions of an act of the Legislature of the State of New Jersey entitled Title 15, Section 1, etc., of the Revised Statutes of 1937, and the several acts supplemental thereto and amendatory thereof.
FIRST: The name of this corporation is, “OCEAN BEACH AND BAY CLUB”.
SECOND: The purposes for which this corporation is formed are:
(a) To promote and protect the general welfare and property rights of the property owner members in their use and enjoyment of their property at Ocean Beach in the Township of Dover, Ocean County, New Jersey.
(b) The improvement of all natural facilities of the beach front and bay front at Ocean Beach.
(c) To develop and protect the natural resources of the community for the benefit of the members.
(d) To maintain and operate for the benefit of the members beach front bathing facilities and boating facilities on the bay front and to protect and safeguard the rights of members in the use and enjoyment of such facilities against encroachment or trespass by non-members.
(e) To purchase, build or erect club house or other building or buildings for the use and enjoyment of all members of the association subject to the by-laws of the association and for the benefit of the members to purchase, lease, hold, sell, mortgage, convey or otherwise acquire, dispose of or encumber real and personal property of every description.
(f) And, in general, to do all things and perform all functions for which authority is given by the Legislature of the State of New Jersey under and by the act of the Legislature hereinabove referred to and set forth.
THIRD: The location of the corporation and the place where the activities of the corporation will take place is “Ocean Beach, Unit 3, Dover Township, Ocean County, New Jersey.”
FOURTH: The number of trustees of this corporation is five (5).3
FIFTH: The names and addresses of the trustees selected for the first year of the existence of this corporation are:
Name/Address
FREDERICK WAGNER
25 E. Brinkerhoff Avenue
Palisades Park, N.J
DOROTHY WAGNER
25 E. Brinkerhoff Avenue
Palisades Park, N.J.
RUSSELL V. O’CONNOR
743 Linden Avenue
Rahway, N.J.
JUNE D. O’CONNOR
743 Linden Avenue
Rahway, N.J.
OLIVER L. QUINBY
1427 Park Avenue
Plainfield, N.J.
SIXTH: The name and post office address of the resident agent of this corporation upon whom process against this corporation may be served is:
F. WILLIAM SUTTON, 28-30 Main Street, Toms River, N.J.
IN WITNESS WHEREOF we have hereunto subscribed our names and affixed our seals this 22nd day of September, 1951.
Signed, sealed and delivered in the presence of:
S/S BETTY MURPHY (As to all but Oliver L. Quinby)
S/S FRED A. C. PEARL (As to Oliver L. Quinby)
S/S FREDERICK WAGNER (LS)
Frederick Wagner
S/S DOROTHY WAGNER (LS)
Dorothy Wagner
S/S RUSSELL V. O’CONNOR (LS)
Russell V. O’Connor
S/S JUNE D.O’CONNOR
June D. O’Connor
S/S OLIVER L.QUINBY
Oliver L. Quinby4
STATE OF NEW JERSEY)
COUNTY OF OCEAN)
SS.
BE IT REMEMBERED, that on this 22nd day of September, in the year of our Lord One Thousand Nine Hundred and Fifty-one, before me, a Notary Public of the State of New Jersey, personally appeared FREDERICK WAGNER, DOROTHY WAGNER, RUSSELL V. O’CONNOR AND JUNE D. O’CONNOR, who I am satisfied, are four (4) of the persons named in and who executed the foregoing Certificate of Incorporation, and I having first made known to each of them the contents thereof, they and each of them did acknowledge that they signed, sealed and delivered the same as their voluntary act and deed, for the uses and purposes therein expressed.
S/S BETTY MURPHY
NOTARY PUBLIC OF NEW JERSEY
My Commission Expires Dec. 23, 1953
STATE OF NEW JERSEY)
COUNTY OF OCEAN)
SS.
BE IT REMEMBERED, that on this 22nd day of September, in the year of our Lord One Thousand Nine Hundred and Fifty-one, before me, a Notary Public of the State of New Jersey, personally appeared OLIVER L. QUINBY who, l am satisfied, is one (1) of the persons named in and who executed the foregoing Certificate of Incorporation, and I having first made known to him the contents thereof, he did acknowledge that he signed, sealed and delivered the same as his voluntary act and deed, for the uses and purposes therein expressed.
S/S FRED A. C. PEARL
NOTARY PUBLIC OF NEW JERSEY
My Commission Expires Oct. 1, 19515
DEED RESTRICTIONS
BEACH CLUB
All property owners in this development are required to be members of a property owners’ association known or to be known as “OCEAN BEACH CLUB” or similar name and to faithfully abide by its rules. No sale, resale, or rental of any property in Ocean Beach shall be made to any person or group of persons who are, have been, or would be disapproved for membership by the said Club.
Membership shall not be unduly restricted based on race, sex, color or creed.
The OCEAN BEACH CLUB shall each year collect from its bonafide member lot owners or lot lessees the sum of ten dollars ($10) per lot owned or leased by each member.
The total yearly collections thus made are to be paid to the beach owners as yearly consideration and payment for use of said bathing beach leased to the OCEAN BEACH CLUB.
The use of the bathing beaches designated on plan of Ocean Beach Unit No. 3 are for the exclusive use of members in good standing of the OCEAN BEACH CLUB in Unit No. 3, and/or guests, and/or tenants of such members.
The OCEAN BEACH CLUB shall lease on long term the bathing beaches designated on plan of Ocean Beach Unit No. 3 from the owners of said beaches.
GENERAL RESTRICTIONS
All toilets and plumbing shall be modern and sanitary. No cesspools are permitted. All electric wiring shall be approved first by the inspectors of the fire underwriters. No building alteration, fence, or addition shall be made without the written approval of Ocean Beach Inc.
The use of property when this restriction is attached to deed shall be exclusively for residential purposes. No business, factory, farm, fishery or establishment whatsoever other than private residence shall be permitted. Temporary residences, such as tents, trailers, and/or movable forms of shelter shall not be permitted under any circumstances whatsoever. No more than one residence nor more than one-story one-family dwelling shall be allowed on any lot.
It is the intention of the Developers to make it mandatory that each property owner does not permit his buildings or grounds around same to become shabby, unpainted, or in a state of disrepair that would injure the general neat, well painted appearance of the development.
ANIMALS
The use of any part of the premises, for harboring animals such as horses, cows, pigs, goats, sheep, pigeons. ducks, chickens, geese, etc., shall be prohibited. One dog and/or cat shall be permitted each property holder (lot owner or lot lessee, guests or tenants). 6
STORAGE
The portion of land upon which no buildings are erected shall be kept clean, free of trash, junk, lumber, building materials, food stuff, garbage, and/or any other articles detrimental to the general neat appearance of the neighborhood. The use of the above-mentioned vacant land is intended for automobile parking and/or terrace and/or garden.
UTILITIES
Utility Companies shall not be prevented from using the extreme back line of any property in this Development for the purpose of installing facilities necessary to furnish gas, water, electric light or telephone service in said Development. Telephone and/or electric lights and power wiring shall be permitted to cross over property where necessary.
SIGNS
The use of any type, or kind of sign, whatsoever on any part of the property is not permitted without written permission of Ocean Beach Inc.
BUILDING RESTRICTIONS (See Special Restrictions Section)
Building Restrictions – Lots Other Than Ocean Front
No building shall be built or placed closer than two (2) feet to front lot line, ten (10) feet to rear lot line, or two (2) feet to side lot line. It is not recommended, but is permissible upon special approval by the Ocean Beach Inc. Developers, to have front of buildings including porches, garages, etc., to total over twenty-four (24) feet. All buildings must be erected on the left side of lots when viewed from road. Vacant space on right side of lot when viewed from road is for private auto parking and/or garden, and/or open patio and/or terrace.
Building Restrictions – Ocean front section; lots east of Sea View Road (See Special Restrictions Section)
No building, alteration, addition, or structure of any kind shall be erected closer than thirty-five (35) feet to the front or easterly side of an ocean front lot; nor closer than ten (10) feet to side lines, or closer than two (2) feet to road line.
It is intended that the parking of private automobiles on these lots shall at all times be in the area immediately west of the residence building.
An exception to this ruling shall only be made at such times as there is insufficient space in the area immediately west of the aforesaid residence building or for overflow space for provision for additional auto parking due to guests or other visitors.7
In such cases of exception aforesaid, the additional space to be used shall be only the vacant ten (10) feet on the north side of the rear or western portion of the lot and under no condition shall the south ten (10) foot space ever be used or accepted for auto parking.
Building Restrictions – Ocean front section; lots west of Sea View Road
Location of buildings between Sea View Road and Ocean Road
(*See Special Restrictions Section)
All buildings shall be two (2) feet from east line and shall be placed two (2) feet from side road line. Rear or westerly portion of lot shall be used for garden, patio or private auto parking. No building in this part of the Ocean Front Section shall be larger than 20 x 32 feet. No building shall have its easterly or westerly end exceed twenty (20) feet.
Building Restrictions – Ocean Road
All lots fronting on the westerly side of Ocean Road are subject to all other restrictions contained herein but shall have the buildings thereon placed on the East end of such lots with the vacant space on the westerly portion of said lots being reserved for private auto parking and/or garden and/or open patio and/or terrace.
Building Restrictions – Peninsula section (West Bay View Drive Extension)
No part of any building shall be closer than twenty (20) feet to West Bay View Drive Extension The front building line of all buildings exclusive of open patio in this section shall not be farther than eighty (80) feet from West Bay View Drive Extension
The side lines of all buildings in this section shall not be closer than nine (9) feet to each side line. Lots located on the extreme (west) end of the peninsula section and irregularly shaped shall be permitted to have front building line eighty three (83) feet from the West Bay View Drive extension.
*SPECIAL RESTRICTIONS
Special Restrictions necessitated by Township Building and/or Zoning Ordinance (applicable to all residential lots south of south lines of East and West Albacore and South of Ocean Front Lot #31), including lots on Sailfish Way.
Lots other than ocean front
No building shall be built or placed closer than twenty (20) feet to the road line, or ten (10) feet to left lot line, or three (3) feet to right lot line when viewed from the road.
Ocean Front Section; lots east of Sea View Road
No building, alteration, addition, or structure of any kind shall be erected closer than forty-six (46) feet to the front or easterly side of an ocean front lot, nor closer than eight (8) feet to side lines, nor closer than twenty (20) feet to road line.
It is intended that the parking of private automobiles on these lots shall at all times be in the area immediately west of the residence building.
EXPIRATION
These covenants are to run with the land and shall be binding on all parties and persons claiming under them until January 1, 2050 at which time said covenants shall automatically extend for an additional period of fifty (50) years, unless by vote of the majority of the members of the Ocean Beach Club it is agreed to change said covenants in whole or in part.
(Please note: These deed restrictions were updated by a vote of the membership on November 20, 1999.)
BY-LAWS OF OCEAN BEACH & BAY CLUB
ARTICLE 1:
General – These By-Laws shall not abrogate any provision of the Certificate of Incorporation of Ocean Beach & Bay Club dated September 21, 1951.
SECTION 1 – ELIGIBILITY
All property owners or lot lessees of Ocean Beach, Unit No. 3, are eligible to apply to be members of this Club as their name appears on the Deed of the property. Amended May 19, 2018
SECTION 2 – ADMISSION
Any person or group of persons becomes a member of Ocean Beach & Bay Club as of the date of approval of his/her or their application.
SECTION 3 – MEMBERSHIP
(a) When an applicant is accepted into this Club, he/she shall swear to abide by the provisions of the Certificate of Incorporation of the Club, these By-Laws and any subsequent regulations imposed by this Club in addition to the Deed Restrictions on his/her lot (a copy of which is hereunto attached).
(b) There shall be one type of membership: Residential.
(c) A residential membership shall apply only to lots in Ocean Beach Unit No. 3, which are used or are to be used for dwelling purposes, and persons admitted to such membership shall be entitled to enjoy all rights and privileges of membership, including the use of the beach front and the facilities of this Club, subject to the provisions of the Certificate of Incorporation of the Club, these By-Laws and the rules and regulations approved by this Club.
SECTION 4 – TERMINATION OF MEMBERSHIP
Membership in this Club shall automatically terminate when the member no longer owns, leases or has any record interest in any parcel of property of Ocean Beach Unit No. 3.
SECTION 5 – MEMBER NOTIFICATIONS
All members of the Ocean Beach and Bay Club expressly consent to the Superior Court of New Jersey, Ocean County as the appropriate venue and jurisdiction of any disputes in connection with their membership, including but not limited to, collection of amounts due Ocean Beach and Bay Club from a member.
In addition, all members of the Ocean Beach and Bay Club expressly consent to notifications for all formal and informal communications by e-mail delivery from and/or on behalf of Ocean Beach and Bay Club, unless the member opts out of receiving e-mail in writing. If the member opts out, then notifications will be sent by regular mail to the address of the units of the member located within Ocean Beach and Bay Club and such other address designated by the member. Amended May 18, 2019
ARTICLE 2:
SECTION 1 – OFFICERS
The officers of this Club shall consist of a President, a Vice-President, a Treasurer and a Secretary, all of whom shall be members in good standing of the Board of Trustees of this Club. All officers and trustees shall serve without remuneration.
SECTION 2 – REMOVAL OF AN OFFICER
The Board of Trustees may remove an officer for non-performance of their duties by a 2/3’s vote of the Board after such officer has been duly notified. Amended August 12, 2017
ARTICLE 3: DUTIES OF OFFICERS
SECTION 1 – PRESIDENT
The President shall be the chief executive officer and it shall be his/her duty to preside at all meetings of the members of the Board of Trustees, he/she shall appoint all committees except the Nominating Committee, provided for by the Certificate of Incorporation or by these By-Laws and any other committees deemed necessary; he/she shall be one of three officers (President, Vice-President and Treasurer) authorized to sign checks in the name of the Club. Two signatures are required. He/she shall with the Treasurer, sign all notes, drafts and other negotiable instruments. Non-negotiable instruments (contracts, deeds, leases, etc.) shall be signed by the President and attested to by the Secretary in the name and under the seal of the Club when so authorized by the Board of Trustees. He/she shall oversee the operation of the Club office. He/she shall be ex-officio member of all regular and special committees except the Nominating Committee.
SECTION 2 – VICE-PRESIDENT
The Vice-President shall be vested with all the powers and shall perform all the duties of the President in his/her absence and shall also perform such other duties as may from time to time be delegated to him/her by the President or by the Board of Trustees. He/she shall be Chairman of the Membership Committee. He/she shall be one of the three officers authorized to sign all checks in the name of the Club.
SECTION 3 – TREASURER
The Treasurer shall be responsible for full and accurate records of receipts and disbursements of the funds of the Club in books belonging to the Club and deposit of all monies and other valuables of the Club in the name of and to the credit of the Club in such depositories as may be designated by the Board of Trustees. All books and records of the Treasurer shall be available and open at all times for the examination by the Board of Trustees or by persons designated by the Board. He/she shall also be responsible for the collection of all dues and special assessments and issue receipts for same. Yearly dues, special assessments, initiation fees and fines, if any, shall be collected by the Treasurer from the owner or lessee of each lot after same has been assigned, bargained for or transferred to said owner or lessee by the developers or after same has been assigned, bargained for or transferred by one lot owner or lot lessee to another. Any first time owner or lot lessee will be assessed a one-time initiation fee of $500 payable in addition to any regular dues and assessments for the lot in question. Any member in good standing acquiring an additional lot or lots will be assessed a $200 initiation fee and all regular dues and assessments for each lot acquired. The $200 initiation fee and conditions will apply to anyone receiving title to a lot or lots through inheritance or transfer of title within the immediate family. Regular dues and assessments shall begin on January 1st of the year next ensuing the date of acceptance of the new member and shall cover the period from January 1st to December 31st of that year. In the event that current or prior year dues and assessments are unpaid on the Club’s books, the prospective new member shall be required to pay same in full before membership will be granted and such person(s), their families, guests and tenants shall be denied the use of all of the Club’s privately owned and leased facilities until all back dues and assessments have been paid. Amended January 1, 1986 and September 28, 2002
Membership dues on a lot are not transferable. Each lot transfer shall require the new owner or lot lessee to pay the full initiation or entrance fees on each lot transferred to him/her regardless of the portion of the year still remaining before the regular dues apply (Jan. 1st to Dec. 31st of each year). Where a member already owns or leases one or more lots, the above rule applies on each such lot and on each additional lot acquired by him/her the same as it would to a new member.
The Treasurer shall, with the President or Vice-President, be authorized to execute all checks, drafts, notes or other negotiable instruments in the name of and under the seal of the Club. At the expense of the Club, the Treasurer shall supply the Club with a proper surety bond or other financially acceptable instrument, regarding the actions of all of the above officers and the other Trustees, written by a responsible surety company, an amount no less than $50,000. Amended September 28, 2002 and October 22, 2016
SECTION 4 – SECRETARY
It shall be the duty of the secretary to keep a record of the minutes of all meetings and to transcribe such records into a minute’s book to constitute a permanent record. These records must be kept in a safe place where only persons authorized by the Board of Trustees may obtain them. The minutes of all Annual and Semi-Annual General Membership Meetings shall be mailed to the membership. Trustees shall receive minutes of Trustee Meetings.
The secretary must also have available at all meetings an up-to-date copy of Certificate of Incorporation, By-Laws, and Rules and Regulations.
It shall be the duty of the secretary to notify all members of meetings, regular or special. He/she shall be responsible for all legal communications to the members of the Club.
He/she shall when so requested by the Treasurer, send dues notices to all members. He/she shall also maintain a list of all members of the Board of Trustees, their committee assignments and their addresses together with their Ocean Beach mailing addresses.
ARTICLE 4: TRUSTEES
The control and complete management of the Club shall be entrusted to the duly elected Trustees, who shall make any and all rules and regulations and enforce compliance therewith, as well as these By-Laws and the Deed Restrictions.
The Trustees, appointed and qualified by the Certificate of Incorporation of this Club, shall assume office on the first day of the new fiscal year. Duly elected Trustees will hold a term of two (2) years providing they are members in good standing. Elections for Board of Trustees shall be held at each annual meeting. The number of Trustees constituting the Board of Trustees shall be NINE (9) but may be increased or decreased by amendment of this provision of the By-Laws. Amended June 4, 2022
All appropriations and expenditures by the Club exceeding the sum of $1,000 shall be voted upon by the Board of Trustees and duly approved before such appropriation or expenditure is made, even if such expenditure is within the budget line item. Amended September 28, 2002
Absence of any member of the Board of Trustees for more than three (3) consecutive meetings without reasonable cause will terminate his/her membership on such Board and the Board of Trustees may thereupon on majority vote, fill such vacancy from the membership of the Club, until the next annual meeting of the membership. Amended June 3, 2017
Vacancies caused by death, written resignation, suspension of membership or loss of membership may be filled by a majority vote of the Board of Trustees from the Club membership in good standing until the next annual meeting of the membership. Amended June 3, 2017
Any and all members of the Board are required to complete and submit to the Club Secretary the current Conflict of Interest and Confidentiality document, prior to assuming the Board member role. Further, that this document be updated and resubmitted annually, within 30 days of the organizational meeting, as a condition for continued service. Amended October 22, 2016
Any trustee involved in litigation against the Club or its Trustees, except for injury or accident, will be suspended from the Board of Trustees until such time as said litigation is settled. Amended June 13, 2015
ARTICLE 5: COMMITTEES
All committees except the nominating committee shall be appointed by the President with the concurrence of the Board of Trustees. Each committee must have a trustee as a member. Permanent committees shall be Beach, Budget, Clubhouse and Playgrounds, Grounds, Maintenance, Membership, Nominating, Police, Roads and Social. Special committees may be appointed as required. The Nominating Committee is to be appointed by the Trustees. The President may not be a member of this committee.
SECTION 1 – BEACH COMMITTEE
It shall be the duty of the Beach Committee to take complete charge of the beach and such committee shall be responsible for the maintenance of equipment, ropes and other safety devices, the employment of lifeguards, the maintenance of cleanliness of the beaches, and all other matters incident to the proper operation and control of the beaches.
Buttons, badges or similar identification shall be required of all persons using any club facilities (including the roads) during the summer season. While such identification is not limited to the beaches or bathing facilities, no person or persons shall be permitted the use of the above mentioned beaches unless he/she has the required identification and unless he/she is an owner or occupant or guest of an owner or occupant and provided further that no automobiles or other vehicles shall be parked in or on any of the roads, streets or ways of Ocean Beach Unit No. 3, by any user of the beaches. Strict enforcement of this rule shall be maintained as a means of preventing unauthorized use of the bathing
beaches and other facilities of the Ocean Beach and Bay Club.13
SECTION 2 – BUDGET COMMITTEE
It shall be the duty of the Budget Committee to prepare and present to the Board of Trustees a proposed budget for the ensuing fiscal year and such budget shall then be presented to the Members at the annual meeting in the fall.
The Treasurer shall be a member of the Budget Committee. Amended August 12, 2017
SECTION 3 – CLUBHOUSE & PLAYGROUND COMMITTEE
The Clubhouse and Playground Committee shall be responsible for the maintenance of the clubhouse and any activities authorized by the Board of Trustees which take place therein.
This Committee shall hire any personnel necessary to run these activities within the framework of an established budget. This Committee shall purchase and maintain all playground equipment and see that the general area is properly patrolled and protected.
SECTION 4 – GROUNDS COMMITTEE
It shall be the duty of the Grounds Committee to pass on all building permits; to see that all properties in the community are kept neat, well painted and in good repair; and to make all arrangements for garbage collection and other matters incident to the management of the property. Any permit submitted to the Grounds Committee must be approved or disapproved with reasons stated in writing within fifteen (15) days after receipt. A copy of the same shall be sent to the applicant and the Board of Trustees.
SECTION 5 – MAINTENANCE COMMITTEE
It shall be the duty of the Maintenance Committee to care for all Club properties and facilities (with the exception of the beaches which is the responsibility of the Beach Committee). It shall be the responsibility of this Committee to see that all parking lots, grounds adjacent to the Clubhouse, lagoons, Club roads and playgrounds are kept clean and free of weeds, that fencing, building, boat basin and playground equipment is painted and in good repair. This Committee shall work with the various Committees to arrange for handling any other special maintenance required.
SECTION 6 – MEMBERSHIP COMMITTEE
This Committee shall be chaired by and be responsible to the Vice-President.
The Membership Committee shall have the duty of interviewing proposed new members. They shall have the duty to educate all proposed members regarding all of the By-Laws, Rules and Regulations of the Club as well as the Deed Restrictions. All proposed members shall agree to abide by all of the Rules, Regulations, By-Laws and Deed Restrictions of the Club before acceptance into the Club. Approval of the Membership committee is required for acceptance. Accepted members shall receive, after payment of their initiation fee on each lot owned or leased by them, a membership card signed by the Treasurer. Amended September 28, 2002 and November 14, 2015
Suspension or Expulsion of Membership. Membership shall, upon ¾ vote of the membership committee and ¾ vote of the Trustees be suspended or expelled for such violations of rules, regulations or restrictions as the committee shall decide. Any member whose dues remain unpaid either wholly or in part, as of April 1st of any year shall be considered in delinquency and shall have his/her membership suspended not later than May 1st of that year. Such member shall be notified in writing of his/her suspension or expulsion and all occupants of his/her cottage or cottages prevented from the use of the beach or other Club facilities until such time as the suspended member is reinstated by ¾ vote of the membership committee and ¾ vote of the Trustees. Amended November 14, 2015
Guests and Application for Guest Privileges. Members may permit guests to occupy their cottage(s) in their absence. However, when such occupancy is expected to or does exceed 72 consecutive hours such persons must apply for guest privileges and must be approved by the Membership Committee.
The Membership Committee will make available Guest of Owner application forms to all prospective guest(s). The prospective guest(s) must return the form to the Membership Committee at least fourteen (14) days before the guest occupancy period begins. The application(s) shall be processed as soon as possible before the occupancy period begins and the guest(s) and owner(s) will be notified inwriting of the disposition, only in the event of non-acceptance, in ample time before the proposed occupancy.
SECTION 7 – NOMINATING COMMITTEE
It shall be the duty of the Nominating Committee to recommend nominations for Trustees of the Club at the Spring Semi-Annual meeting for election at the annual meeting in the fall. One member of this committee must be a member of the Board of Trustees and will serve as chairman. Nominations from the floor at the Spring meeting shall be called for from the Chair. The Nominating Committee is to be appointed by the Trustees. The President may not be included on this committee.
SECTION 8 – POLICE COMMITTEE
It shall be the duty of the Police Committee to maintain an orderly community and protect all property of the Club and the general welfare of all its members. It will be responsible for the employment of deputies who, where possible, shall be duly authorized or commissioned by the municipal authorities of the Township and to the extent of their authority, shall maintain law and order in the community. Amended June 13, 2015
The committee will be specifically charged with the responsibility to see that no automobiles or other vehicles shall be parked on any of the roads, streets or ways of Ocean Beach Unit No. 3, also to see thatonly authorized persons are permitted the use of the beaches, boat basin, or any other Club facilities and that all Club rules pertaining to dogs, speed limits, mini-bikes, trailers, etc. are enforced.
The deputy in charge or any trustee shall, when such action is required, make and sign a Township Police complaint against any and all persons who, by their action, violate safety, health and/or general welfare of either themselves or others. Intoxication, rowdyism, disorderliness, loud, profane and/or indecent language, indecent actions or any other violation deemed as such by the deputy in charge, shall be considered grounds for the police action and/or suspension of membership of a member held responsible therefore. Amended June 13, 2015
SECTION 9 – ROADS COMMITTEE
It shall be the duty of the Roads Committee to see that all streets are kept in repair and graded when necessary. It shall work with the Maintenance Committee to arrange for proper drainage and erection of signs. It shall also work with the Grounds Committee to see that Club roads are kept free of weeds and other unsightly debris.15
SECTION 10 – SOCIAL COMMITTEE
The Social Committee shall stimulate interest in community planning, sociability and good fellowship by organizing and operating all social affairs. This committee may raise funds for any and all entertainment or other social functions sponsored by it. All such funds shall be paid over to the Treasurer of the Club, earmarked for the social committee and disbursed by the Treasurer. This committee shall at all times be responsible directly to the Board of Trustees. A written report together with an itemized accounting for each function shall be submitted to the Board of Trustees.
ARTICLE 6:
SECTION 1 – VOTING
Only members of the Club in good standing shall be eligible to vote at a special or regular meeting of the Club. A member shall not be considered to be in good standing unless all past dues and special assessments have been paid and the eligibility of any member shall be passed on by the President of the Club. Members suspended for violations are not permitted to vote until reinstated.
Each owner or lessee of a single residential lot as shown on the map or plan of Ocean Beach, Unit No. 3, shall be entitled to one vote. Where one person is the record owner or lessee of more than one residential lot of land as shown on the aforesaid map, he/she shall be entitled to one vote for each such parcel or lot of land owned or leased by him/her. Where any such lot of land is owned or leased by two or more persons, such persons shall each be members of this Club and shall be entitled jointly to one vote at any such meeting.
At all general or special membership meetings the Secretary shall have a record of all members eligible to vote. A register shall be signed by the member before he/she enters the meeting, and at such time, he/she shall be issued a numbered ballot. Voting by proxy is not allowed. Amended June 3, 2017
SECTION 2 – ELECTION OF TRUSTEES
Members of the Board of Trustees shall be elected by a plurality of the votes cast by the members of the Club at the Annual meeting and such election shall be held by secret ballot, if there are any contested positions. To be eligible for election to the Board of Trustees, a person must be a member in good standing of the Club, have been nominated by a member in good standing to a position on the Board of Trustees at the Spring membership meeting, and have given his or her written consent to serve on the Board after nomination at the Spring meeting and at least 30 days before the Annual meeting. Amended September 28, 2002 and August 12, 2017 and October 29, 2022.
Where ballots are required, the Chair shall appoint tellers to distribute, collect and count the ballots and report the vote. Tellers must be members of good standing. Ballots should be counted and recorded in full presence of membership.
SECTION 3 – ELECTION OF OFFICERS
Officers of the Board of Trustees shall be elected from the members of the Board at the first meeting of the new year, (known as the organizational meeting) and such election shall be by secret ballot. Amended August 12, 2017
ARTICLE 7: MEETINGS (MEMBERS)
a) The annual meeting of the Club shall be held after Labor Day of each year and a semi-annual meeting shall be held during the spring of each year. Amended August 12, 2017
(b) Twenty-five members of the Club eligible to vote shall constitute a quorum for any special or regular meetings of the Club. Husband and wife or any other joint membership to be considered as one voting member.
(c) Written notice of any annual or special meetings of the members of the Club shall be given to the members at his or her address as the same appears on the records of the Club, at least fourteen (14) days prior to the date of the meeting. Amended August 12, 2017
(d) Special meetings of the members of the Club may be called by the President upon the written request of twenty-five members; upon the request of the Board of Trustees; or by the President at his/her discretion if he/she deems such special meeting to be necessary.
ARTICLE 8: BOARD OF TRUSTEES MEETING AND SPECIAL MEETING
SECTION 1:
The Board of Trustees shall hold a regular meeting of the Board monthly or at such other times during the year as may be deemed necessary by the President or a majority of the Board of Trustees.
SECTION 2:
The organizational meeting of the Board of Trustees shall be held at the first meeting of the calendar year after the Annual Meeting. Amended August 12, 2017
SECTION 3:
Five (5) members of the Board of Trustees shall constitute a quorum for any regular or special Trustee meeting.
ARTICLE 9: DUES (REGULAR ASSESSMENTS) AND SPECIAL ASSESSMENTS
SECTION 1:
Wherever the word dues appears in these By-Laws it shall also be considered the regular yearly assessment and not confused with any special assessment.
Notice of all assessments and the amount thereof shall be sent to each member annually. A limit of $20, per lot, owned or leased shall not be exceeded except on approval of a 2/3 of the votes cast by the membership present at the Annual or special meeting of the Club.
SECTION 2:
All payments of Dues (Regular Assessments) and Special Assessments, shall be made payable to Ocean Beach & Bay Club. Amended August 12, 2017
SECTION 3:
The Budget Committee shall make its annual report at the first meeting of the Board of Trustees in the fall of each year and the amount of dues (regular assessment) against the members will then be determined by the Board of Trustees based on the needs of the Club for the ensuing year, provided however, that all dues (regular assessments) and special assessments will be so regulated and determined that the bank balance of the Club shall not exceed the sum of $75,000 after all debts, obligations and beach rental lease payments have been made. Amended September 28, 2002
SECTION 4:
Any expenditures of $10,000.00 or more not budgeted for to be made by the Board of Trustees shall first be voted upon and approved at a special or regular meeting of the members of the Club at which a majority of the votes cast by the membership shall vote in favor of such expenditure, with the exception of the fixed beach lease obligation which shall be paid according to the terms of the lease. Amended September 28, 2002 and August 12, 2017
SECTION 5:
Section 5 was removed. Amended September 28, 2002
SECTION 6:
Any member failing to pay dues (regular assessments) and special assessments within the time limited by the Board of Trustees shall forfeit his/her power to vote and shall not be entitled to any of the rights or privileges of the Club. He/she may be reinstated by making payment of all unpaid assessments.
SECTION 7:
Special Assessments may be levied by the Board of Trustees in an amount to meet special additional expenses which were not provided in the budget for the current year. Such special assessments shall be paid within sixty (60) days from the date of notice. Before any special assessment is levied, it must be submitted to and approved by the general membership. Failure to pay approved special assessments will result in the same penalties as failure to pay dues.
SECTION 8:
The Ocean Beach & Bay Club may use any legal and lawful methods to collect monies owed to it from its members, former members, guest, contractors, vendors, etc. The Club may use a collection agent or lawyer to collect monies owed. September 9, 2017
SECTION 9:
The Board, at its option, shall have the right in connection with the collection of any type of assessment, common expenses, or other charge due from a member (collectively, “Assessments”), to impose a late charge of any reasonable amount and/or interest at the legal maximum rate permitted by law for the payment of delinquent real estate taxes, if such payment is made after a date certain stated in such notice. In the event that the Board shall effectuate collection of said Assessments or charges by resort to counsel, and/or the filing of a lien, the Board may add to the Assessments and charges, reasonable counsel fees and costs of collection, including, but not limited to, the legal fees and costs incurred in connection with the preparation and filing of any liens, legal proceedings, post judgment collection efforts, etc., in addition to such other costs as may be allowable by law. May 18, 2019
SECTION 10:
The sale of any assets of the Ocean Beach and Bay Club valued at $20,000 or more would need an affirmative vote from both the Board of Trustees and the membership. June 4, 2022
ARTICLE 10: AUDIT AND FISCAL YEAR
SECTION 1:
The Board of Trustees shall annually appoint an independent, outside accountant to audit the books of this Club at least once a year. A copy of the audit shall be available at the spring semi-annual meeting.
SECTION 2:
The fiscal year of the Club shall begin on the first day of January and end on the 31st day of December of each year.
ARTICLE 11: MISCELLANEOUS
SECTION 1:
Nothing contained in these By-Laws shall limit, restrict or prevent any member or group of members at any time from presenting grievances or complaints in writing to the Club or to the Board of Trustees.
SECTION 1(b):
If a member brings a claim against the Club by any means and the Club prevails in that action, then that member shall be obligated to remit payment to the Club for the reasonable attorneys’ fees and costs incurred by the Club as a result thereof, except if law affirmatively requires such expenses to be in all cases a common expense. The Club may collect the amounts due under this subsection in the same manner as it would collect assessments. To “prevail” shall include, but not be limited to, obtaining judgment in the Club’s favor, having the matter dismissed or partially dismissed, and/or obtaining any order or decision that finds the Club did not commit the wrong and/or action or inaction alleged.
Amended May 19, 2018
SECTION 2:
All guests and visitors and/or cottage occupants of the Club members shall be known as “Guests” and all members of the Club shall be responsible for all of their Guests.
SECTION 3:
(a) NO PARKING of trucks larger than panel or pick-up shall be permitted on residential lots. Trucks of mechanics or suppliers while repairing, building or supplying cottages are permitted during daytime, but not over night.
(b) (Note: Amended September 28, 2002, Section 3(b) was removed.)
(c) SOLICITING – Members, tenants, guests, or any persons under their jurisdiction or control shall not solicit trade, business, or other enterprises of any property owner, lessees or guest in Ocean Beach, Unit No. 3.19
(d) NOISE – During summer season, members, guests are requested to refrain from causing noise (loud radio or television playing or similar annoyance) to their neighbors and are urged to have their guests observe this request. This shall also be construed to include the barking of dogs. Major construction work or large alteration work requiring hammering and sawing shall not be permitted during the summer season (June 15th to Labor Day) or after 8:30 p.m. in the off-season except on special written approval by Board of Trustees. Painting, plumbing or other work, when not noxious or noisy, may be exempted from this rule, but under no circumstances shall work be done after 11:00 p.m. of any day.
(e) DOGS and/or CATS shall not be allowed on the beaches or other Club property at any time.
(f) BALL PLAYING on beaches is prohibited between 9:00 a.m. to 6:00 p.m., unless the beach is closed to swimming. Ball playing on the roads is also prohibited.
(g) WALKWAYS to the beach are to be properly delineated and all owners and guests advised to use the walkways at all times as access to the Ocean Beach and NOT to walk to or from the beach between beach front houses.
(h) Smoking of any kind on club beaches is prohibited during bathing hours. Amended October 22, 2016
SECTION 4:
The order of business at all meetings of the Club and of the Board of Trustees shall be as follows:
(a) Roll Call
(b) Reading of Minutes
(c) Communications
(d) Financial Reports
(e) Committee Reports
(f) Miscellaneous Reports
(g) Old Business
(h) New Business
(i) General Welfare
(j) Adjournment
Robert’s Rules of Order shall be the authority on all questions of Parliamentary Law and Proceedings. A copy of these Rules shall be available at all meetings.
SECTION 5:
These By-Laws, as amended, or any rules or regulations presently or hereafter adopted shall not be interpreted or applied in such a fashion as to violate the Civil Rights of any member or prospective member. Any provision of these By-Laws, rules or regulations which is or may be violative of any 20 applicable Civil Rights Law shall be disregarded. The foregoing principle shall also be applied to this Club’s obligation to enforce deed restrictions contained in certain determinable fee deeds under which this Club holds title to various recreational areas.
ARTICLE 12: AMENDMENTS
SECTION 1:
The members of this Club, by vote of two-thirds (2/3) of the ballots cast by members present at any regular or special meeting, may amend these By-Laws if a written copy of the proposed amendment or amendments has been mailed to each member, along with notice of such regular or special meeting, at least fourteen (14) days prior to the date of the meeting, by regular mail at the member’s last known address as noted on the club records. Amended November 14, 2015
Notification by email permitted in accordance with Article 1, Section 5. Amended May 19, 2018
SECTION 2
Any change or changes made in the By-Laws and/or rules and regulations shall be printed and sent to each member by the Secretary no later than thirty (30) days after same has been enacted. These changes shall be effective at once.21
Membership Rules
Rule #1M. All applications for membership shall be submitted to the Membership Committee. All persons named on the deed or lot lease must each appear and complete the club application forms and be informed of all Ocean Beach and Bay Club Deed Restrictions, By-Laws, and Rules and Regulations.
Rule #2M. All persons named on the deed or lot lease must apply for membership to the Ocean Beach and Bay Club in accordance with Rule number one and pay the current membership initiation fee. Since Club By-Laws prevent transfer of memberships, any person or persons inheriting or otherwise acquiring property or leasehold interest in Ocean Beach shall for Club purposes, be treated as an entirely new applicant and shall appear and fill out a Club application form and pay all applicable fees.
Rule #3M. No club, association, fraternity, or society shall be eligible for membership. Property listed as a Trust, Partnership, LLC, Corporation, or Estate must present proof of the person designated as a member of that entity.
Rule #4M. Acceptance of any applicant shall be withheld until any and all past dues and assessments and liens have been paid, and all violations on the premises have been abated to the reasonable satisfaction of the Club’s Trustees. All lots shall be assessed an amount equal to yearly membership dues, beach lease fees, regular assessments and/or special assessments. No purchaser or lessee in violation on his present premises will be accepted on any new membership until all existing violations have been abated.
Rule #5M. All tenants must purchase weekly beach badges regardless of rental agreement or agency used, including personal rental agreements.
Rule #6M. All members must provide current contact information to the Club office to facilitate communications in the event of an emergency.
Rule #7M. No member, tenant or guest may use the name or logo of Ocean Beach and Bay Club for personal gain, financial and/or otherwise.
Rule #8M. By-Law Article 11, Section 2 says: “All guests and visitors and/or cottage occupants of Club members shall be known as ‘Guests’ and all members of the Club shall be responsible for all of their ‘Guests’.” This shall mean that any member(s), guest(s), or relative of member(s), who by vandalism, or otherwise causes damage, injury or annoyance, to person or property of other member(s) and of Club employees, shall be considered to be acting against the general welfare, property rights and enjoyment of the other members and residents of the community. Members in addition to his or her own acts shall be held responsible for the acts of his or her guests, relatives, and/or visitors. The Membership Committee shall, upon ¾ vote of the committee, in accordance with By-Law Article 5, Section 6, suspend the membership of the member(s) deemed responsible for the above-referenced violation after offering alternate dispute resolution. The Club also reserves its right to seek judicial intervention for violations proving a hazard to the health, safety and welfare of the occupants of the Club and/or prosecute for damage to person or property of the Club.
Rule #9M. Should a member be suspended for violation of any of the Club’s Deed Restrictions, By-Laws, or Rules, the suspension shall remain in force until the violation is abated to the satisfaction of the Board of Trustees as described in By-Law Article 5, Section 6. If a member is suspended for 60 days or more they will automatically be subject to a re-initiation fee of $350, which must be remitted prior to his or her membership being restored and reinstated. Amended April 14, 2017 and May 27, 2020
Rule #10M. The Club has adopted a procedure known as an Alternative Dispute Resolution for the purpose of settling disputes between the Club and a member or disputes between members. For the entire document and procedures, please contact Club office.
Rule #11M. The ocean and bay beaches and other Club facilities are for the exclusive use of members (or their guests) and tenants in good standing. Any member that loans or gives member beach badges to a suspended member, non-member or their guests, to obtain the use of the Club facilities, shall be subject to suspension of his or her membership. Such persons, unlawfully wearing member badges and using Club beaches and/or facilities shall be considered trespassers and shall be subject to police action.
Rule #12M. Article 5, Section 6, paragraph four of the By-Laws states: “SUSPENSION OR EXPULSION OF MEMBERSHIP. Membership shall, upon ¾ vote of the Membership Committee and ¾ vote of the Trustees be suspended or expelled for such violations of rules, regulations or restrictions as the committee shall decide. Any member whose dues remain unpaid either wholly or in part, as of April 1st of any year shall be considered in delinquency, incur a $50 late fee and shall have his or her membership suspended not later than May 1st of that year. Such members shall be notified in writing of his or her suspension or expulsion and all occupants of his cottage or cottages prevented from the use of the beach or other Club facilities until the suspended member be reinstated by ¾ vote of the membership committee and ¾ vote of the Trustees.” To further clarify this portion of our By-Laws, it is a policy of the Club that all members are liable for their dues and/or assessments whether or not their membership is suspended. Should such dues and/or assessments not be paid when due, such arrearages shall be cumulative with interest at the rate of 8% per annum. This shall also apply to any property where the member has failed to apply for membership or has been denied membership for any reason. Members in violation of Deed Restrictions, By-Laws and/or Rules, will receive written notification describing the violation and what needs to be undertaken to correct the violation within a specified timeframe. Members should contact the Club office to notify the Club that the violation(s) has been corrected and request a follow up Re-inspection within 14 days. The Membership Committee shall not act on any membership application until all arrearages against any property are paid in full.
Rule #13M. Should a member ignore a written notification of violation(s) of Deed Restrictions, By-Laws and/or Rules regarding grounds and building conditions, the members and their guests and/or tenants will not receive their beach badges until the violation(s) are corrected. It is the members’ responsibility to notify the Club that the violation has been corrected and request a re-inspection. The Club will respond to this request within 14 days. Grounds and building violations occurring during and after the badge season, if not corrected, shall also subject the member to suspension of membership.
Rule #14M. Members in good standing of Ocean Beach and Bay Club may request Club information and records by submitting a written request to the Club. Considerations of requests for personnel matters, litigation matters, anything considered advisory, consultative or deliberative, will require authorization from the Board of Trustees.
Rule #15M. Parking of trailers and boats must be on member’s side of the driveway closest to owner’s house, leaving a minimum of six (6) feet between the boat and property line on the other side. Boats and trailers are required to display current registrations.
Rule #16M. Storage boxes must be neat and orderly in appearance and must have lids. Boxes cannot be over 48” in height.
Rule #17M. All garbage cans and trash enclosures must be placed at the rear, immediately adjacent to the house. Garbage cans must be covered with lids.
Rule #18M. The Grounds Committee will inspect and judge the conditions and appearance of all houses and grounds. Members whose houses fall into disrepair, have weed overgrowth, are littered with debris, and/or in need of paint, etc. shall be notified of the violation in writing. The owners will be expected to correct the problem by a given date. If the violation is allowed to continue, suspension proceeding will follow, and the member will be offered alternate dispute resolution.
Rule #19M. There will be no hot tubs and/or spas in Ocean Beach and Bay Club unless they can be placed a minimum of ten (10) feet from any adjoining property. They cannot be placed in what would normally be the driveway area.
Rule #20M. The Ocean Beach & Bay Club, aka the “Club”, a New Jersey not for profit corporation, is hereby authorized by its Board of Trustees to engage in fundraising activities in accordance with the applicable laws of the State of New Jersey, and to secure any necessary license/permits from any applicable regulatory agency.
Any monies collected by means of fundraising or solicitation by the Club shall be deposited in a restricted account for the sole benefit of improving recreation equipment/activities within the Club.
These funds may not be used for reducing Club dues or assessments. In the event of the Club’s insolvency or bankruptcy, any monies in the restricted account will be donated to a local non-profit group providing local support for our community.
Rule #21M. Members who opt-out of receiving communications from and/or on behalf of OBBC by email delivery will be subject to a $30 fee, to be assessed annually. This fee will help defray the costs to the membership of creating and sending communications by regular mail. March 20, 2020, amended December 11, 2020, amended December 8, 2022
Rule 22M. One set of member badges will be distributed per lot each year to members in good standing. If a lot is sold or transferred, the badges must be transferred to the new lot owner and remain with the lot. There will be a reasonable fee to replace all badges that are not transferred with the lot. May 27, 2020
Rule 23M. The Board of Trustees of the Club recognizes that the Deed Restrictions, which cannot be currently changed, contain language that might be interpreted to allow discrimination by the Club on the basis of race, color, creed, or sexual orientation. These Deed Restrictions were written in a different time. The Board of Trustees and the Club will not condone any discrimination toward any member or guest on the basis of race, color, creed, or discriminatory basis whatsoever. October 2, 2004, June 12, 2020
Grounds
Rule #1G. Obey all posted flags on the ocean beach including but not limited to, flags pertaining to swimming, surfing, and fishing areas. All members, guests and/or occupants are required to follow lifeguard instructions and all other beach personnel on ocean and bay beaches.
Rule #2G. Alcoholic beverages and coolers are prohibited at all times on the ocean and bay beaches. Food is also prohibited on the ocean and bay beaches unless provided with OB3 approval during an OB3-sponsored event. Amended February 10, 2022
Rule #3G. Smoking of any kind on Club beaches is prohibited during bathing hours.
Rule #4G. Display beach badges at all times when using ocean and bay beaches and Clubhouse.
Rule #5G. Keep off the dunes at all times.
Rule #6G. Removal of sand from any of the Club’s beaches is not permitted.
Rule #7G. No tent or canopy larger than three (3) feet in length, height and width is permitted on the ocean or bay beaches.
Rule #8G. Solicitation is prohibited unless prior Board of Trustees approval is obtained.
Rule #9G. All unregistered /unlicensed motor vehicles including ATV’s and motorized bikes are prohibited from Club roads and parking areas.
Rule #10G. All roads in Ocean Beach and Bay Club are private roads. All members, guests, visitors and/or tenants are required to observe all speed limits on Club roads. All automobile parking other than temporary parking by trucks or other similar vehicles while making deliveries and/or repairs is prohibited on Club roads. Private automobiles must be parked on lots in the area adjacent to the house and not in the road, and must not extend into the road causing a hazard. If a house has been elevated, automobile parking under the house is permitted, but no additional grading is allowed. Overnight parking at the Clubhouse is prohibited and vehicles may be towed. Parking of commercial or oversized vehicles is prohibited at all times on OBBC overflow parking lots. This includes, but is not limited to, vehicles larger in size than an SUV, minivan, or standard pickup truck, or trailers, whether or not they bear commercial license plates or logos. Violators will be towed at their own expense. Amended February 10, 2022
Rule #11G. Use of Club roads to deliver or transport equipment, materials or other items, or to install anything on a member’s property may require a Road Use permit from the Club. Any damage to Club roads or facilities caused by deliveries, repairs or construction will be the responsibility of the member/homeowner. The Board may request that a bond, cash deposit or some other security accompany such permit. It’s the member/homeowner’s responsibility to contact the Club as to whether a permit is required. Deliveries by vehicles under 26,000 Gross Lbs. are exempt from a permit.26
Health & Safety
Rule #1H. No fires are allowed on either the ocean or the bay beaches. Wood burning fire pits are prohibited in Ocean Beach III. Only propane/natural gas fire pits may be permitted and it is recommended at least ten feet away from any flammable structures. Amended February 12, 2021
Rule #2H. Glass in any form such as glass bottles, jars or other containers are prohibited on all ocean and bay beaches, Club roads and all other Club property.
Rule #3H. Any dog, cat or other animal (domesticated or not) brought to Ocean Beach and Bay Club by a member, guest, or tenant must be confined to the property of the member or tenant, and not permitted to run loose or be walked on any other person’s property. It is the responsibility of the member or tenant to keep the property free of animal waste and dispose of all animal waste properly. Dog houses and animal shelters are not permitted.
Rule #4H. Ocean Beach and Bay Club Deed Restrictions contain the following provision with respect to the portion of your land upon which no buildings are erected; parking or storing of any unlicensed or unregistered car, truck, motorcycle or any other vehicle is prohibited.
Rule #5H. Outdoor noise must cease at 11:00 p.m.
Rule #6H. Exterior lights should be angled down so the lights illuminate your property and do not shine directly into any neighbor’s adjoining home.
Construction
These Guidelines and Rules DO NOT supersede existing Deed Restrictions, but in fact are set forth so as to be more specific in assisting the Board of Trustees in the management, operation and administration of the Club. All previous guidelines for building and grounds maintenance are superseded by those listed here.
Rule #1C. Any and all rebuilds must be approved by the Ocean Beach and Bay Club and the Developer (Ocean Beach Inc.). All exterior alterations require submission of a building permit application for approval and may also require a Toms River building permit.
Rule #2C. By-Law Article 11, Section 3(d) states: “Major construction work or large alteration work requiring hammering and sawing shall not be permitted during the summer season (June 15 – Labor Day) except by special written approval by Board of Trustees.” Construction in progress and the use of any power tools must cease on June 15th at 6:00 p.m. and not restart until after Labor Day. The penalty for failure to cease construction on any property in Ocean Beach and Bay Club is suspension of Club membership, a $500.00 per day penalty, and repayment of any legal expenses incurred by the Club to 27 enforce this rule. Extensions may be granted on an exception basis. Members must complete and
submit the hardship application along with the corresponding fee to the Club and obtain written approval that includes the duration of the extension. All dumpsters, portable toilets, construction vehicles, construction debris, supplies, equipment and all other construction related items must be removed from the property on or before June 15th of each year. For uncompleted houses, temporary storage units are permitted upon request. Lots must be left neat and orderly.
Rule #3C. In the event a home is being constructed without a permit, not in accordance with submitted plans or in violation of any Deed Restriction, By-Law and/or Club Rule, the Club may seek an injunction from the Courts. The Construction coordinator and/or Construction Trustee shall notify the Club’s attorney immediately. The Club’s attorney then shall notify the owner within one business day. If the owner fails to respond and/or cease working within two business days, the Club attorney shall be authorized by the Trustees to file an injunction. During the period from when a member is notified of this rule violation and the violation is corrected, the member shall be considered suspended from the Club, and a fine of $500.00 per day will be levied on the member if the member does not request alternate dispute resolution.
Rule #4C. Detailed plans for any type of exterior construction, alteration, fencing, deck, etc. must be submitted to the Board of Trustees on the Club application form for a building permit approval. These plans must include building details regarding height, width, type of siding, doors, windows, property line setbacks, etc. Approval is also required by the Developer (Ocean Beach Inc.) and will be granted only when the effect on the general welfare of our community is not adversely affected. All permits and architectural drawings submitted must adhere to current Deed Restrictions regarding placement of residence, designated parking area, and dimensions of home to be constructed. Any submissions not in compliance will be rejected by the Board of Trustees and the Developer (Ocean Beach Inc.). A
demolition permit and fee are required. There is a fifteen (15) business day review period (weekends and holidays not included). A construction application form shall be utilized when applying for exterior alterations and construction
of new buildings. Once the complete application is submitted by the member along with the appropriate fee, the application shall be submitted to the planner retained by the Club. The planner shall provide an opinion to the Club. Thereafter, the Club’s determination on the construction application shall be forwarded to the member.
Rule #5C. All houses being raised will adhere to the elevations being enforced by Toms River Township in accordance with the Advisory Base Flood Elevation (ABFE) of the dwelling. Owners are responsible to obtain the ABFE for their residence and submit plans for reconstruction to mirror/include the specific elevations provided. The Club has adjusted heights to allow buildings to be elevated up to four (4) feet above the ABFE. This additional elevated area is a safety factor called “freeboard” and helps to reduce flood insurance premiums. All houses shall not exceed 15 feet in height when measured from the finished first floor to the top of ridge beam. All new and/or altered buildings must be located on the lot so as to conform to setback requirements outlined in property Deed Restrictions. Members in all current, prior, and any future V Zones shall be permitted to have four (4) feet of freeboard to permit the highest degree of protection afforded by the V Zone.
Rule #6C. Any major construction/home rising must provide a sanitation facility such as Port O Potty on site during construction.
Rule #7C. For all rules that reference “Finished Grade”, finished grade shall be defined as the highest elevation as measured at the four corners of the dwelling as shown on the survey of the existing subject property. For all rules that reference “Top of the Floor”, top of the floor shall be defined as the top side of the sub- floor material affixed directly to the floor joists.
Rule #8C. For all rules that reference “Base Flood Elevation”, base flood elevation shall be defined as the depth number specified in feet on the FIRM (Flood Insurance Rate Map). This depth number shall be designated on a current survey of the property by a licensed land surveyor.
Rule #9C. Due to the negative impact on drainage, those areas intended for parking shall not be covered with any impervious material. Houses with driveways adjacent to sand roads are not allowed pavers of any type in the parking areas.
Rule #10C. The Ocean Beach and Bay Club may at its sole discretion withhold or deny approval for any building permit for which the Board of Trustees reasonably believe would adversely affect the appeal or general welfare of the community.
Rule #11C. Any access door to a permitted crawlspace must be located so as to not protrude into roadway or adjacent property.
Rule #12C. No building may be altered internally to create any living space between ground level and finished first floor or between first floor and top of ridge beam. This is in accordance with the Deed Restriction that prohibits all but one story buildings.
Rule #13C. If the area under a home is enclosed, the Club shall allow adequate ventilation to be installed. The Club shall also allow additional storage under the building within the footprint of the entire structure, which could be enclosed provided that it remains compliant with both FEMA requirements and strict prohibitions against using this area as living space.
Rule #14C Elevated homes are required to have siding matching the home to be installed so that there is no more than six (6) feet vertically of concrete block that will remain exposed.
Rule #15C. Decks may be constructed to the elevation of the first floor providing there is ample space for access stairs and platforms. Decks over 36 inches in height require a setback rule the same as Toms River Township (setback to be 10% of lot depth). Extension of decks if constructed shall allow at least two (2) vehicles to be parked side by side between the homes.
Rule #16C. No overhang on any entry landing may extend beyond the permitted edge of the landing from the front door or five (5) feet, whichever is less, nor more than two (2) feet on either side of entrance door provided it does not exceed the width of the proposed residence by more than one (1) foot. Measurements must conform to the Deed Restrictions and the above Rules.
Rule #17C. None of the homes on the ocean beach front shall have balconies of any type. No balconies second story decks) shall be permitted on any home in Ocean Beach and Bay Club other than on homes in the second and third row from the ocean or on homes that abut lagoons.
Rule #18C. In order to clarify the setback requirements on all standard 45’x45’ lot (2025 square feet) located on Moonrise Lane, Teal Lane, Sunset Lane and Heron Lane, the following applies: All buildings are required to be located on the left side of the lot when viewed from the road. Upon special written approval of the Ocean Beach and Bay Club and Developer (Ocean Beach Inc.), buildings may be built to within 19 feet of their right lot line when viewed from the road. It is further specified that the only structures permitted in this area are stairs, staircases, stair platforms and air conditioning condensers, which cannot extend more than 5 feet maximum from the approved building. The remainder is to be used for private auto parking and/or garden and/or patio.
Rule #19C. On Goa Way, many houses meet the restrictions when viewed from the highway. If the pre-existing house meets the restriction when viewed from the highway, the new house can be rebuilt in that location. The same should be true for those houses that meet the restriction when viewed from Goa Way. This allows construction in the pre-existing building envelope. This should include being able to square the house off if the setback is met when viewed from the street.
Rule #20C. Fully enclosed outside showers are not permitted. Exterior showers must conform to Toms River Township Code. Exterior wash-downs or rinse-offs cannot have any walls.
Rule #21C. Maximum height of fencing is limited to 42” and must have a 50% opening. It is also required that the fence “facing” be on the outward side of the property line. Toms River Township does not allow fences to exceed 36” on lot sizes less than 2,000 square feet.
Rule #22C. Ocean Beach and Bay Club shall consider requests for reasonable accommodations to comply with the New Jersey Law Against Discrimination and American with Disabilities Act to accommodate access, elevators for handicapped use and utilities in the area under an elevated home.