Excesssive boat wake

I live in a large So Cal POA with a water sports lake. The POA permits property owners to use the lake for water sports recreation fishing skiing etc. A property owner can get a use permit for vessels that meet the POA requirements after completing a POA marine patrol inspection. The POA has a length restriction of vessels 21'6". There is no weight limit but the vessels may not use any wake enhancing devises. A POA member was cited by our marine patrol for creating an excessive wake. A reckless ticket for $500. The ticket was appealed by our appeals committee and sustained. The property owner can now appeal to the board of directors. Assuming the POA board sustains the ticket the boat owner is faced with selling the boat possibly at a reduced value do not being able to use on our lake or litigation. The boat is 2 years old the retail price of a new model is 170K.

There have been 46 same make and models used on our lake (retail sales that's over 5 million dollars for this manufacture.)

As far as we know none of the other same boat owners have been cited

The boat had no manufactures or owner installed wake enhancing devices. The marine patrol did not inspect for wake enhancing devices at he boat owners request.

The boat was cited for creating excessive wake at 11mph. The manufacture states this boat planes at 10mph.The boat was near the centerline of the lake as required by another rule. The marine patrol produced a photo clearly showing this

Our lake does not follow California guide lines for a vessel on plane to a swimming area moored boat, doc, etc. California law is 200ft. We have docs 30 ft from a boat on plane. We have mainly flat sea walls that do not dissipate wave action. It's very possible there is a class action lawsuit against our POA from lakefront owners. Lake front property owners have increased maintenance cost due to increased wake action. Lake front property owners are complaining due to increase repair and maintenance costs

This is a relatively new problem due to the increased boat traffic and increased boat weight. New boats weigh as much as 6000lb at 21'6".

So what do you do litigation? Should the owner Sue the POA and the board embers individually? The rule below:

No Reckless or Negligent Behavior Allowed while Operating a Motorized Boat
No person shall operate any vessel or any other water device in a reckless or negligent manner so as to endanger the life, limb or property of any person. This includes but is not limited to, riding on the bow, gunwale, or transom of a vessel underway, entering a marked swim area or creating excessive wakes

1.
Pay the $500 fine and ensure the boat is not driven so as to cause an excessive wake;

or

The boat weighs just over 5000lb dry so it's going to make a 5000lb boat wake. Even if you only travel at higher speeds say 25 to 35mph the wake produced to get to that speed and decelerating will be the same. The boat planes at 10mph. Boat capacity is 14 fuel capacity 46 gallons. The ticket was written with 2 people on board. I don't see a way to reduce the wake size.

Thanks for the input!

I’m not understanding what kind of boat planes at 10 mph ... unless a very special boat, this seems pretty slow to plane.

The new boats aimed towards board sports specifically wake surfing are basically tractors for the water. This boat according to the manufacture representative planes at 10mph.

I'm probably getting out of the know on wake boarding - can you link to a boat that planes at 10 mph? I haven't been able to find anything on this.
(wake surfing)

I don't think you will find published information on this. Why would a manufacture want to publish this? On a similar note what's an excessive wake? If you allow a 5000lb boat (dry weight) on your lake and compare it to boats from years past that weigh much less I guess the new boat wake would be excessive? I brought exactly this point to our FRC committee a few years back. At that time I suggested they might want to consider boat weight as well as length in the future prior to allowing boats permitted on our lake. This boat passed inspection by our marine patrol. Now the marine patrol has issued a citation to this boat owner and stated owner will be fined again if he produces excessive wake. The boat was near center of the lake on plane with no ballast and with only 2 occupants. The boat does not have to be on plane near the center of the lake unless pulling a skier I believe. Again close to 50 of same make and model on our lake. The future could be electric boats. Here is a 22' boat 5900lb dry weight

https://nautique.com/models/super-air-nautique-gs22e/overview

Sorry, Kevin - I always get picky with numbers :-)

Why did the boat owner refuse to allow the marine patrol to see if the has wake enhancing devices?

Well, I understand the frustration. What is 'excessive' is at the whim of the POA.

AugustinD I appreciate your input! This really isn't that complicated.

The owner operates the boat in accordance to rules including no wake enhancing devices used. Now marine patrol states excessive wake (subjective) after the marine patrol inspected and approved usage of this boat in accordance to POA rules. Marine patrol was instructed by POA to issue citation. The committee that upheld the citation had 1 member that had a problem with the boat wake size. This committee member was a slalom skier in the past with a slalom boat that weighed around 2500lb, half the weight of the boat cited. Now the owner will appeal to board of directors. If the board upholds the citation I do not see how the other 47 or more same make and model boats would be ok to use. The board presidents son has the same boat.

AugustinD

KevinT3, I just do not have enough information. If you think the fine is unfair, then ask the HOA for IDR, as described at the davis-stirling.com site.

I will do thank you! I have a good grasp of the problem. I also have some solutions. I'm on a few committees, I can make suggestions

AugustinD

Way to pitch in. Smile Serving on a board sucks eggs, but someone has to do it. I think sometime

Thank you for giving back! Rule #6 give back

https://succeedfeed.com/arnold-schwarzeneggers-6-rules-of-success/

Our small lake is considering trying to implement having an ordinance passed that would require these wake boats, whose sole purpose is to create wake boarding activities, to conduct their activity in the center of the lake only. Details are not final but “time and place“ ordinance can be implemented for a situation such as this.

Another problem is the kayak users who insist on stopping for long time I n the center of the travel lane that goes around the lake.

Why can't the boat owner install a stern mounted trolling motor to get the vessel in and out of the wake zone? Raise or remove the trolling motor once they're in open water, open the throttle and let er ripp.

Update it looks like litigation or just live with the outcome. Social media is another avenue. There are 50 of same model boat in use on our lake including our board presidents son's boat. The following email I sent to our board president. Boat owner is afraid of retaliation if he follows up with litigation.

Board President
You may remember I spoke to the FRC committee on 9-19-2018 at the request of x. The topic was increased boat wake sizes due to increased boat weight and property owner concerns. Here are a few bullet points I made.

1. We have a limit on boat length but not boat weight. Boats have increased to the point we now have 21ft boats that weight 6000lbs. creating much larger wakes than boats of the past. Boats have doubled in weight over the last 20 years or so. We should consider boat weight in the future as a requirement for use on x waters. Possibly altering the current rules and grandfathering existing boats that would not be compliant with any changes made.

2. I spoke about the short distance between boats on plane and docks, sea walls etc. in x lake in comparison to public lakes. public lakes have a 200ft minimum distance between a boat on plane swimming area boat launch etc..

3. I spoke about the flat sea walls surrounding x Lake that cause wave bounce back.

4. I mentioned that often boats pull skiers such as children around the perimeter of the lake at slow speeds causing the greatest wave impact to the shore line in my opinion.

Are you aware of the citation property owner x received for excessive wake LM7.3 Reckless/negligent behavior operating a boat? The citation was appealed to the appeals committee and to the board of directors. The citation was upheld. Did you hear the appeal to the board? Only director x spoke for the board during the appeal.

The boat is a 2018 Super Air Nautique. The boat had no ballast or any other wake enhancement in use and was operating near the center of the lake with 2 occupants at 12mph. Owner offered to let the marine patrol inspect his boat to verify no ballast or wake enhancing devices. Marine patrol declined to inspect for wake enhancing devices or ballast. Marine patrol stated it did not matter if the boat did or did not have wake enhancement a citation was going to be issued. This boat passed x lake marine patrol inspection for use on x Lake waters. When the boat was inspected an agreement was signed by x stating the ballast system on the boat would not be used on the main lake. There was nothing that stated the boat could not be driven at 12mph. There are approx. 50 of the same make model of this boat produced from 2014 to 2021 in use on x Lake waters. The boat weighs 5500 lb dry. x appealed the citation to appeals committee. In that discussion it was apparent one committee member had a problem with x's boat being used on x Lake waters. When x appealed to the board director x told x the boat planes at 25 mph and x could not pull a skier on x Lake at less that 25mph. x responded what about the other 50 same boats. Director x's reply, "what do I care?".

When I spoke to the FRC in 2018 I stated we have 6000lb boats that don't need wake enhancement to produce a wake much larger than boats of the past. Specifically I asked are you going to tell a property owner they cant use their boat that cost well over 100k on our lake after it was permitted for use on our lake? That's where we are today. boat owner has not been able to use his boat since the citation and the boat is currently up for sale. I have not heard of any other Super Air Nautique owner's or similar boats cited, have you? x can provide that information. boat owners boat was inspected and approved by the x Lake marine patrol. Boat owner was following all x Lake rules. Can you give me a reason why the ticket is ok? Like you I am a volunteer and I appreciate your time.

AugustinD

Well put! Thanks for that!