Skippers Cove Beach Club, Inc




DEED Restrictions


Skippers' Cove is a Deed Restricted Community. Every home within Skippers Cove was originally titled with 6 Deed Restrictions. The same 6 Deed Restrictions apply today just as they did in the 1960s when the land was originally sold to the homeowner.

A question I hear quite a lot is: "I've looked at my title and I don't see any Deed Restrictions. So I don't have any restrictions, right?"

No that would not be correct. The restrictions do not need to be written in your current title because of the laws known as 'Chain of Title'. A handful of residents have even challenged this in court and the Skippers' Cove Beach Club has prevailed every time. Your title is bound by the chain of title law going all the way back to the original. In Skippers Cove, every original title has the following six Deed Restrictions:

1. Property owners are required to be members of the Skippers Cove Beach Club, a property owners' association, and shall be bound by the rules & regulations adopted by the members of said club. No sale, resale or rental of any residential property shall be made to any person who is not approved for membership. The club house and bathing in the Skippers Cove Development are for the exclusive use of the members of said Beach Club.

  {Note: As the years passed our 'property owners association' became more commonly refereed to as a 'homeowners association' and was governed by the NJ Dept of Community Affairs. Our very organization falls under their scrutiny including our By-Laws. Remember that the original restrictions were written in the 1960s during a time when it may have been acceptable to say 'no sale, resale or rental of any residential property shall be made to any person who is not approved for membership'. No one can alter the original wording of the Deed Restriction but we have addressed this issue with the Dept of Community Affairs and have approved a By-Law that says all residents of Skippers Cove are automatically approved for membership. For most it is a minor change but for some it is very important. At any rate it is certainly more politically correct and has been a part of our By-Laws for some 25 years now.}

2. The use of the property shall be exclusively for residential purposes

{Township Ordinances are even more restrictive and do not allow businesses to be operated from a home zoned for residential use which includes all of Skippers Cove. This Deed Restriction prevents anyone from installing a business sign or using their residence as a commercial place of business. We realize many residents do operate a business within their home and that's fine as long as there is no visible sign of the commercial enterprise. It is not the intent of this Deed Restriction to limit what you do within your own home as long as it remains a residence and there is no outward indication of a business enterprise. Township Ordinances apply}

3. No signs or other means of advertising shall be erected on any lot or structure without the written permission of the Skippers Cove Inc.

{The Skippers Cove Inc has formally become the Skippers Cove Beach Club, Inc in the mid 1960s. The By-Laws address this change and clarify the Deed Restriction. This activity is also regulated by the Township ordinances and they do allow for some signage such as Real Estate For Sale signs (on the property only) and other signage by permit only. The intent of the Deed Restriction is to prevent billboards and unsightly signage that negatively impacts our residential community. To my knowledge, the Skippers Cove Beach Club, Inc has never received a request nor has ever granted permission to erect a sign for the purpose of advertizing}

4. Were applicable, no wharf or dock shall be erected in any lagoon a distance greater than six (6) feet, and no mooring piling shall be erected a distance greater than twenty (20) feet from the shore line of the lot

{This is a restriction that has been superseded by both the NJ Tidelands Commission and the NJ Dept of Environmental Protection. Additionally, Township of Ocean will not permit construction of any dock or wharf that does not first get permitted by the State of NJ. The laws are very restrictive and oddly enough require some piers on the bay to go out nearly 200 ft to be legal. Lagoon dock length, width and height are also now regulated by both State and Township. In no case shall a Deed Restriction be considered relief from a Federal, State or Local law and therefore this Deed Restriction is superseded and not enforced by the Skippers Cove Beach Club, Inc.}

5. In any lagoon no boat may be docked so that it extends more than twenty (20) feet into the lagoon from the shore line

{Many lagoons are only 75 ft wide and some are 100 ft. This Deed Restriction was originally designed to protect the navigable waterways. Township Ordinances are now even more restrictive so this is a Deed Restriction that exists but is dormant for Skippers Cove Beach Club, Inc enforcement purposes.}

6. No structure may be erected within thirty (30) feet of the lagoon property line, if any,

{This is more commonly known as a 'set back' and is regulated by Township Ordinance as well as the the Skippers Cove Beach Club, Inc. Violators must deal with the Township Code Enforcement Officer. The Skippers Cove Beach Club, Inc provides no relief against this Deed Restriction}