Laserfiche WebLink
Linda Turkatte [EH] <br />From: Gerry Kamilos <GKamilos@kamilos.com > <br />Sent: Sunday, March 10, 2019 10:37 PM <br />To: Linda Turkatte [EH] <br />Cc: Scott Andrews <br />Subject: Grindstone Joe Association - Floating Homes to Vessels <br />Dear Linda, <br />We hope you successfully completed your budget meetings last week. Since we received approval from the <br />County on our onshore sewer, water, and electrical work plan and schedule that is now being implemented; <br />our team has completed more research into the floating home issue and the associated conversion to vessels. <br />This email provides a brief summary of the applicable laws and rulings associated with the distinction between <br />floating homes and vessels. We provide at the end of the letter a proposed set of modifications that we <br />believe are sufficient to convert the subject floating homes to vessels under the CA statues and the US <br />Supreme Court ruling. <br />Cal. Health & Safety Code Ann. §18075.55(d)) defines and ascribes specific legal elements associated with <br />floating homes. <br />Floating homes subject to real property taxation pursuant to Section 229 of the Revenue and Taxation <br />Code shall be subject to registration and titling by the department only at the time of sale, resale, or transfer <br />of title. <br />Ownership registration and title to a floating home may be held by two or more co-owners in the manner <br />specified in Sections 18080 and 18081. <br />Upon receipt of a registration card, every registered owner shall maintain the card or a copy thereof with <br />the floating home for which it is issued. <br />"Floating home," as used in this section, means a floating structure which is all of the following: <br />It is designed and built to be used, or is modified to be used, as a stationary waterborne residential <br />dwelling. <br />It has no mode of power of its own. <br />It is dependent for utilities upon a continuous utility linkage to a source originating on shore. <br />It has a permanent continuous hookup to a shoreside sewage system. <br />Upon further review of the GJA matter, it seems that a structure that has a mode of power, is not dependent <br />upon a continuous utility linkage to a source originating on shore, and has no permanent continuous hookup <br />to a shore-side sewage system. Fails to meet the definition of a floating home. <br />This CA Health and Safety Code is consistent with the CA DMV regulations that define vessels: <br />CA Vehicle Code §§9840, 9871.5 and Harbors and Navigation Code §651 states: <br />Vessel— Includes every description of watercraft used, or capable of being used, as a means of transportation <br />on water except: <br />—A seaplane on the water. <br />—A watercraft specifically designed to operate on a permanently fixed course, the movement of which is <br />restricted to a fixed track or arm to which the watercraft is attached or by which the watercraft is controlled. <br />—A floating structure designed and built to be used as a stationary waterborne residential dwelling which: <br />does not have, and is not designed to have, a mode of power of its own, <br />1