Lake Rules
MOUNTAIN LAKE FISHING AND BOATING CLUB RULES OF THE LAKE
Revised July, 2024
I. Definitions
The “Board” is the board of directors of the Association.
The “Corporation” or the “Association” is the Mountain Lake Fishing and Boating Club, a South Carolina nonprofit corporation.
The “Governing Documents” of the Association are its Articles of Incorporation, the Bylaws of the Corporation (the “Bylaws”) and these Rules.
A “Member” is a person who qualifies as a Member pursuant to the provisions of Article II.1.of the Bylaws.
The “Lake” means Mountain Lake (Lake Becky).
“Member Household” means:
a. Either
(1) The Member; and
(2) The Member’s spouse; and
(3) Any persons related to the Member or the Member’s spouse, by blood, adoption, or marriage, within the 4th degree of consanguinity, and living with the Member on a fulltime basis; and
(4) Any persons 18 years of age or younger in the legal custody of the Member or spouse, who are living with the Member on a fulltime basis; and
(5) The unmarried children of the Member, or spouse, who are 24 years of age or younger, whether or not they are living with the Member on a fulltime basis; or
b. If the Member’s lot is occupied as a single family residence by a group of not more than three (3) adult persons over the age of 18, all of whom reside together in the Lot on a permanent basis, and who do not otherwise have the characteristics of a Member Household, as set forth above, then those three (3) adult persons shall be considered to constitute a Member Household; and
The “Privileges of Membership” are as follows:
a. The “Voting Privilege” is the right to vote on Membership Issues.
b. The “Lake Use Privilege” is the right to use the Lake;
c. The Corporation Participation Privilege is the right to serve as an officer director, or committee Member of the Corporation.
The “Rules” are the Rules adopted by the Association in accordance with the provisions of the Bylaws or otherwise under prevailing law, including these Rules.
II. Rules
1. Each Member of the Association shall be allowed to operate no more than FOUR properly marked watercraft (motorized or otherwise) on the Lake at the same time. (This is mainly to allow for groups up to 4 to use kayaks and other similar watercraft)
2. All hard-sided watercraft used on the Lake shall have permanently affixed, to the right front side, the current decal issued by the Association. The only watercraft that does not require a decal are inflatable craft such as floats, tubes, Boards, etc. (All craft must have an updated and current decal.
a. Decals must be purchased either by mail or at Lakebeckyla.com.
b. Same day purchases or direct from Board Member purchases are no longer allowed.
c. Please allow two weeks for stickers to be processed.
3. No guest watercraft or non-Member watercraft of any kind shall be allowed on the Lake.
4. A Social Guest, pursuant to By-Law section 11.6 may not operate a motorized watercraft on the lake without the lake member being present and available at the lakefront home during said operation. If any exception is desired by a lake member, they can contact the board in advance in writing and give the Board all circumstances that they believe would justify an exception to this Lake Rule. The Board will respond in due course to such request(s) in writing.
5. There shall be no launching or retrieval of watercraft from the dam or spillway areas.
6. Jet Skis/personal watercraft shall be allowed on the Lake, with the following restrictions:
A. No newly acquired Jet Ski/personal watercraft will be given decals or allowed on the Lake after March 1, 2005. (Moved up from E to reflect current Rules)
B. No Jet Ski/personal watercraft shall enter a cove with fishing boat(s) or swimmer(s) present, except to depart or re-enter the watercraft operator’s property, and then only at low speed (5 miles per hour.)
C. Jet Skis/personal watercraft shall follow all other Rules for motorized watercraft on the Lake.
D. Jet Ski/personal watercraft operators shall follow all South Carolina laws pertaining to the use of Jet Skis and personal watercraft.
E. All Jet Ski/personal watercraft shall use the Lake only between the hours of 0900 – 1800. (9:00 AM – 6:00 PM)
7. All watercraft must travel in a counterclockwise direction on the Lake.
8. All kayaks and canoes will stay within 50 feet of the shoreline unless safely crossing the lake.
9. All powered watercraft and water skiers shall stay a minimum of 25 feet away from all piers, boathouses, fishermen, swimmers, and shorelines.
A. All watercraft permitted after July 1, 2024, shall be subject to the following rules and regulations:
a. A maximum horsepower rating of 90 HP
b. A maximum length of 19’ for power boats and 24’ for pontoons.
c. No boats with heads (toilets), live aboard, or sleep aboard capabilities (houseboats, etc.)
d. Boats must be in good working order cannot permanently moored.
e. Non-operational boats must be promptly removed from the Lake Association property.
B. Existing powered watercraft with current decals will continue to be allowed but cannot be replaced.
C. All powered watercraft and water skiers shall stay a minimum of 25 feet away from all piers, boathouses, fishermen, swimmers, and shorelines.
10. All watercraft towing skiers, tubers, or persons upon any other floating object must have either an observer aboard, in addition to the driver of the boat, or a wide-angle rearview mirror. Any person(s) being towed on skis, tubes, etc., shall wear a Coast Guard approved life jacket.
11. No skiing, tubing, etc., shall be allowed after dark.
12. All watercraft must use boating lights if operated after dark. Speed shall not exceed 5 miles per hour after dark.
13. The maximum speed on the Lake shall be 30 miles per hour. The maximum speed in coves shall be 5 miles per hour.
14. No racing shall be allowed on the Lake.
15 No littering of any type shall be permitted.
16. No person or persons shall use the Lake in a hazardous or unsafe manner. No watercraft shall follow a skier or tuber in line with the towboat.
17. Any property owner having a private boat ramp must gate and lock it to prevent use by non-Members.
18. No person(s) other than those duly authorized by the Board shall attempt to operate the valves on the spillway intake structure.
19. All persons will be required to maintain a minimum distance of 25 feet from the intake structure.
20. All fishing shall be done in accordance with South Carolina laws. No trot lines, fish baskets, jug fishing, or netting of fish is allowed.
21. If a dispute arises as to the interpretation of the boating Rules, such dispute may, be resolved by reference to the South Carolina Boater’s Handbook, to the extent such Boater’s Handbook has application to such dispute and is consistent with the Governing Documents. Any such dispute shall be brought to the attention of the Board of Directors by a written request for interpretation. The Board of Directors will act upon the request at its next scheduled meeting.
22. The level of Mountain Lake (Lake Becky) will be lowered every two years in order to allow Members to perform work projects in the Lake bed. The Lake valve will be opened the first of November of each year it is scheduled to be lowered, and the valve will be closed the first of February of the following year. (I.e. The Lake will be up for two years, then lowered on the fourth year.) If no Members have filed notices for planned work projects then the Lake will not be lowered as scheduled. If the was not brought down as scheduled after two years, then the Lake will be lowered after two additional years even if no work requests have been filed. (i.e. The Lake will be lowered at a minimum of every four years.)
23. Docks, piers, and boathouses may not extend more than 25 feet into the Lake. The dimensions of any structure extending into Association property shall be measured from the established lot lines; such line or staub shall be located and flagged by the property owner.
24. Seawalls and/or riprap shall follow Lakefront property lines. The Board may allow minor deviations in order to obtain straight lines. In no instance shall seawalls and/or riprap encroach onto Association property.
25. Any dredging or building of any structures on the Lake bottom must be approved by the Board. No rock or fill shall be placed on the Lake bottom for any reason without permission from the Board. Members must contact the Board with plans for approval prior to beginning such project(s).
26. No new boat ramps shall be built into or onto the Lake bottom.
27. In accordance with the conveyance of control on file, all properties on the Lake shall have a minimum of fifty (50’) feet of Lake Frontage in order to qualify for Membership in the club. Those currently having less than fifty (50’) feet as of December 31, 2019, shall be grandfathered at their present footage.
28. Any violation of Lake Rules shall be subject to the following scheduled punishments:
A. First offense – A warning shall be issued, and the violator informed of the rule(s) broken and the reason for such rule(s).
B. Second offense – Immediate sanction by the Board of Directors at a called meeting to be held within thirty days of the warning including either revocation or restriction of Lake Privileges. Immediately following the special Board meeting, the Board will notify the Member in writing of its decision regarding revocation or restriction of Lake Rights.
29. Any Member desiring to contest an imposed sanction shall do so by submitting to the Board a written intention to contest. The Board of Directors shall permit the party contesting the sanction to be present at a special called meeting of either the Board or a special committee formed by the Board to include Board members and non-Board members. The meeting is to be held within thirty days following the receipt of the written intention to contest. The Board will determine whether a sanction is in order. Any Member desiring to appeal the Board’s decision shall do so by submitting to the Board a written intention to appeal and presenting their case at the next annual meeting of the Association Membership. A decision by the Association Membership shall be final without any further right of appeal. Any decisions made by the Board will remain in effect until the next annual meeting of the Association Membership.
30. Structures (including, but not limited to, boat docks), appurtenances, and/or watercraft may only be placed and/or maintained on the Lake, the Lake bed and/or on other properties owned by the Club, pursuant to a permit issued by the Association.
Members acknowledge that in order to maintain the safety of the Lake, these structures, appurtenances, or watercraft must be in working order and be maintained in good repair. Inoperable or sunken boats must be immediately removed from the Lake at the owner’s expense. Structures with loose Boards or in otherwise unsound condition must be repaired or removed by the owner. Trees from a Member’s property that fall into the Lake must be promptly removed by the Member.
Failure to correct any of the abovementioned incidents will result in written notification by the Board. Upon written notification by the Board, the Member will have thirty (30) days to either take corrective action to remedy the problem or notify the Board in writing of their plan to take corrective action. The Board shall either approve the action plan or notify the Member that their plan is unacceptable. If no action is taken by the Member to correct the issue, the Board may exercise any of the remedies provided for in the Enforcement provision of these Rules, or other remedies available under prevailing law.
III. Special Lake Use Rules for Short Term Renters
Short Term Renters must follow all foregoing Rules, plus the following additional Rules:
1. Short Term Renters are extended the privilege to fish, swim and use non-motorized watercraft in the Lake. Non-motorized watercraft includes canoes, kayaks, john boats, row boats, body, stand-up Boards, and any other small craft that is not powered by gas or electricity. Use of watercraft by short term renters shall be permitted only in coves and/or within 50 feet of of the shoreline.
2. All watercraft used by renters must be registered and the Association. The Association will provide the owner of a registered vessel with proper identification which must be attached to the right side of the vessel. Soft-sided or inflatable craft do not require registration or identification.
3. Short-term renters are not allowed to place outside watercraft on the Lake; all watercraft on the Lake must be owned by Members and must be properly registered with the Association, and marked with proper identification.
4. No swimming or use of watercraft without proper lighting after dark.
5. Guests of the Lake are NOT allowed within 25 feet of dam or dam equipment. Guests are not allowed to use the boat launch area.
6. All fishing shall be in accordance to S.C. laws. Trot lines, fish baskets, jug fishing, or netting of fish are not allowed.
7. All renters shall be provided with a copy of these Rules by the applicable Member/landlord. The Member/landlord must require such renters to acknowledge in writing that such renters have been provided with a copy of these Rules, that they understand the Rules and will abide by the Rules. Such Member shall preserve such written acknowledgement with respect to any and all of their renters, and shall provide a copy of such written acknowledgement to the Association upon request. Property owners (Members) shall be responsible for the acts and omission of their guests.
8. Renters are subject to all local and state laws. Any violation of these laws/Rules will result in loss of Lake Privileges for the renters and their guests.
9. If a renter or the renter’s guest breaks Rules, the owner shall give the renter a negative rating on the rental agreement site.
10. Quiet hours shall be observed between the hours of 11 p.m. to 7 a.m.
11. Our Lake is a beautiful mountain treasure. We want residents and guests to have a safe and enjoyable time at the Lake and in the mountains. Please keep our area clean and the Lake free of trash.
IV. Compliance and Enforcement.
1. Enforcement.
a. The Association may proceed at law or in equity to maintain any action for the enforcement or defense of any provisions of the Bylaws or these Rules, and if such action is successful, the Association shall be entitled to recover reasonable expenses, including attorney’s fees. Additionally, if any Member, any tenant, guest, or other person using the Lake pursuant to a Member’s Membership shall violate the Bylaws or these Rules, and the Association retains an attorney or otherwise incurs attorney’s fees, expenses or costs as a result of such violation, the Association shall be entitled to recover from such person(s), any attorney’s fees, expenses or costs incurred by the Association as a result of such violation, regardless of whether or not litigation is filed with respect to such violation. In the event of such violation by a tenant, guest or other person using the Lake pursuant to a Member’s membership, the respective Member shall be responsible for any such attorney’s fees, expenses or costs incurred by the Association as a result of such violation, regardless of whether or not litigation is filed with respect to such violation.
b. If a Member or other person bound by the Governing Documents brings any legal action against the Association, or any officer or director of the Association, and the Member or other such person does not substantially prevail, the Association and/or such officer or director, as the case may be, shall be entitled to recover from such Member or other person its or their reasonable expenses of litigation, including attorney fees.
c. The obligations and benefits prescribed by these Rules shall be enforceable against any Member or other person whose activities bears a relation to the Lake (Lake Becky) when the aforesaid parties engage in activities (including omissions and failures to act) which constitute violations or attempts to violate or circumvent the Bylaws or Rules.
d. In all cases, the provisions of these Rules shall be given that interpretation or construction which will best result in the consummation and continuation of the general plan of development of the Lake.
e. Whenever the Association, is permitted by these Rules to correct, repair, clean, preserve, clear out or do any action on the Lake or any Member’s property adjacent thereto, entering the property and taking such action shall not be deemed a trespass.
2. Remedies and Sanctions. Every Member and the occupants of a Member’s property, as well as to their respective tenants, guests, invitees, Member Households, tenant households, short-term renters, contractors and others using the Lake pursuant to the Membership of any Member shall comply with these Rules. The Board may impose sanctions for violating these Rules, which may include, without limitation:
a. Suspending a Member’s Voting Privilege (the right to vote on Membership Issues), Lake Use Privilege (the right to use the Lake, and/or the Association Participation Privilege (the right to serve as a director, committee Member of the Association). Any such suspension shall apply to all properties owned by such Member, and shall apply to the Member’s Member Household, the tenant household with respect to any Lots owned by such Member, and all renters and/or guests of such Member;
b. Exercising self-help or taking action to abate any violation of the Bylaws and/or these Rules in a non-emergency situation;
c. Requiring a Member, at its own expense, to repair or remove any structure or improvement on the Lake adjacent to such Member’s Lot that violates these Rules, and, upon the Member’s failure to do so, the Board or its designee shall have the right to enter the property, and correct the violation. In that event, the respective Member shall, upon request, reimburse the Association for its costs and expenses incurred in correcting such condition.
d. In addition, the Board may take the following enforcement procedures to ensure compliance with these Rules: exercising self-help in any emergency situation (specifically including, but not limited to, the towing of boats that are in violation of the Rules; and bringing suit at law or in equity to enjoin any violation or to recover monetary damages or both;
e. Requiring any Member and/or any other person, including any contractor, subcontractor, agent, employee, or other invitee of a Member who fails to comply with the terms and provisions of these Rules, to reimburse the Association for any costs incurred by the Association in enforcing these Rules, including attorney’s fees.
4. The decision to pursue enforcement action in any particular case shall be left to the Board’s discretion, except that the Board shall not be arbitrary or capricious in taking enforcement action. Without limiting the generality of the foregoing sentence, the Board may determine that, under the circumstances of a particular case:
a. The Association’s position in the Board’s opinion, is not legally or factually strong enough to justify taking any or further action; or
b. The provision of these Rules being enforced would not be allowed under applicable law; or
c. Although a technical violation may exist or may have occurred, it is not of such a material nature as to be objectionable to a reasonable person or to justify expending the Association’s resources; or
d. That it is not in the Association’s best interests, based upon hardship, expense, or other reasonable criteria, to pursue enforcement action.
Such a decision shall not be construed a waiver of the Association’s right to enforce such provision at a later time or under other circumstances, or preclude the Association from enforcing any other requirement, covenant or Rule.
5. Cumulative Rights. Remedies specified herein are cumulative and any specifications of them shall not be taken to preclude an aggrieved party’s resort to any other remedy at law or in equity. No delay or failure on the part of any aggrieved party to invoke an available remedy in respect to a violation of any provision of these Rules shall be held to be a waiver of any right available to him upon the recurrence or continuance of said violation or the occurrence of a different violation. IN ANY ACTION TO ENFORCE THESE RULES, IF THE ASSOCIATION PREVAILS, IT SHALL BE ENTITLED TO RECOVER ALL COSTS, INCLUDING, WITHOUT LIMITATION, ATTORNEYS’FEES, EXPENSES OF LITIGATION AND COURT COSTS, REASONABLY INCURRED IN SUCH ACTION AND/OR OTHERWISE AS A RESULT OF SUCH BREACH.