From gin palaces and sleek multi-million pound racing yachts, to elderly barges and converted tugboats, marinas around the coast and along our rivers house an amazing collection of boats, and their equally individual owners. Boating is an international hobby as well as a sport, with a unique camaraderie, and unique challenges for those charged with marina management.

One of the premier marine developments along the south coast, Port Solent, Portsmouth, was modelled on Port Grimaud, in France, and is more than just a place to store boats, being a mixed scheme of housing, retail, leisure and restaurants, built around the marina on 450 acres of reclaimed land; a pioneer of such schemes in the UK, it set the tone for Portsmouth’s renaissance, and now attracts more than 3 million visitors a year.

For more than a decade, Countrywide Property Management, the corporate division of Countrywide Residential Lettings, has managed the housing estate at Port Solent on a day-to-day basis, working in close collaboration with Premier Marinas, who operate the marina on a lease from the City Council, and the POSOL Residents Management Company Ltd, which is responsible for the 423 houses, 310 of these have their own berths, most adjoining the houses, but a few located elsewhere on site. While houses are freehold, the berths are sub-under leaseholds granted by POSOL, which further complicates matters.

On behalf of POSOL, Countrywide maintains all the common landscaped areas, and plants and maintains the gardens to the front of the houses, as well as the pontoons, and associated equipment, and manages the berths so that they are used correctly and in accordance with lease terms. Most importantly, it manages the finances and collects service charges to pay for the running costs.

Due to the sensitivity of the site, both visually and operationally, a range of covenants were introduced to maintain the attractiveness and ambience of the development. Some were changed as the scheme progressed, which means that they are not universal.

Sometimes, an individual owner may wish to do something that is contrary to the covenants and it is then the managing agent’s task to police their enforcement. Managing situations fairly, but firmly, by identifying breaches and acting swiftly to contain problems, ensures that the enduring community spirit is sustained, as well as the quality and presentation of the environment, and property values.

Uneccesary problems

At the outset, a large number of houses were bought as second homes or buy-to-let investments. Although landlords are legally bound to comply with the covenants that apply to the property they rent, not all bring them to their tenant’s attention, and this can lead to uneccesary problems. Weekenders can also fail to recognise the significance of their undertaking in agreeing to the covenants when they purchase their freeholds, sometimes believing that they should have the right to do with their property what they wish.

As administrators of the covenants procedure, Countrywide is the first port of call for advice and guidance on any issue but it is also the enforcer, on behalf of POSOL, should residents ignore the covenants – and enforce it does.
For most people, who have bought into a very desirable lifestyle, the restrictions are merely common sense measures such as parking in designated areas and not on pavements, and not hanging out washing; properties must not be used for business purposes, and caravans, lorries and boats may not be parked on site. Boats not on their moorings must be kept in garages or car-ports.

Additional boundary fencing or walls may not be erected, and any development or other changes to the external appearance of a property may only be done with POSOL’s express consent, even if planning approval has been granted. There are also strict guidelines on maintaining the original colours when redecorating externally. On resale, solicitors will require evidence that any alterations were approved by POSOL, which has the power to demand reinstatement.

All boats on the 310 residential berths must be registered with POSOL and be properly insured, with vessels re-registered annually and an authorising pennant displayed at all times when in the marina. Only one vessel of a suitable size is to be moored on each berth. Determining a suitable size may lead to complications and it is dependant on the exact location and layout of the berth concerned. Further covenants exist with regard to the licensing of boats and the sub-letting of berths.

Keeping track

With more than a thousand residents in the Marina Village, and so many visitors drawn by its many attractions, keeping track of all the issues can be difficult. But it is rewarding to see how well the system works when tightly controlled to the benefit of the whole society.

Reg Sillence, Chairman of POSOL Residents Management Company Ltd and one of the first people to take up residence in 1988, sums up the position, “in 20 years, Port Solent has more than fulfilled its early promise, providing a delightful place to live and enjoy sailing.

“It has retained its character over the years, with a strong community spirit and individuals having respect for each other. In my view, the key to this success is the firm, efficient, proactive management, which requires a comprehensive understanding of the many and varied complex legal and lifestyle issues associated with the site; without that understanding, it would not be such a harmonious place to live.”

All housing complexes with marinas present similar problems, but some can be even more complicated, especially when it comes to dividing service charges fairly between houses with moorings and those without, and flats served by lifts, and those which are not. Every situation has to be carefully analysed and managed, in consultation with developers as well as resident management companies.