Carmel Highlands Association

73 Fern Canyon Road Carmel-by-the-Sea, CA, 93923 United States

A network of neighbors, staying connected as a community and working together on issues that affect us all.

Beach Key

 

SCROLL DOWN TO PURCHASE A BEACH KEY. Please note if you are not in the correct geographic area or have violated CHA Rules and Regulations in the past, your payment will be refunded and the key will not be issued.

BY PURCHASING A BEACH KEY, YOU UNEQUIVOCALLY AGREE TO THE CARMEL HIGHLANDS ASSOCIATION’S easement ACCESS RULES AND LIABILITY WAIVER.

YOU MUST SUBMIT THE BELOW FORM TO RECEIVE A BEACH KEY.

EASEMENT ACCESS RULES and REGULATIONS

We have available for our use one of the most beautiful beaches on the coast. Access to this beach is restricted to bona fide residents and property owners of the CHA area and their accompanied guests. You, a possessor of a gate key, have a special responsibility toward the preservation of this unique and cherished community asset.  While granting us the right of passage to the beach for recreation, the owners of the properties through which the access paths run did not give up their property rights. We must all respect this fact. In addition, since this beach is for the enjoyment of all entitled easement key holders, each of us is a guest of their neighbors and should conduct themselves accordingly.

The following Code of Conduct has been formulated by members of both the Carmel Highlands and Mal Paso Creek Property Associations, together with requests from the property owners adjacent to the beach. In actuality, we simply wish to remind everyone of certain laws and some rules of common courtesy that have always been expected of those using the beach.

  1. BEACH KEYS: A beach key is issued solely for the use of the key holder's own household and may not be given to another household. A maximum of two keys per household will be issued after payment of the designated fees. Fees are applied to the cost of maintaining the beach access and providing liability insurance.

  2. FIREWORKS: Fireworks and open flames are prohibited.

  3. Littering is strictly prohibited and any trash, garbage, or the like, must be removed upon departure.

  4. MINORS: All minors under the age of 16 must be accompanied by an adult at all times when using the beach.

  5. DOGS: No dog shall be permitted unless accompanied by a person, and sufficiently trained to be responsive to recall command and control of such person or - on leash, per County Ordinance. An owner should immediately place a pet on a leash if requested to do so by any person who is on the beach or pathways.

  6. TIDEPOOLS: The taking of specimens from the tide pools is illegal. This beach is contained within the Monterey Bay National Marine Sanctuary and all associated regulations and prohibitions apply.

  7. CLIFFS: The cliffs are easily damaged and may not be climbed as they are private property and not a part of the beach or pathways.

  8. PERSONAL PROPERTY: Boats, or any other equipment, may not be left overnight on the beach or pathways unless permission has been obtained from the owner of the property on which you wish to leave it.

  9. DEMEANOR: Everyone visiting this family beach shall conduct themselves in a manner of dress and deportment that will not offend others.

  10. HOURS OF USE: The beach will be considered closed one hour after sunset until sunrise of the following day. This is in consideration of those residents immediately adjacent to the beach.

Short-term renters (less than 30 days) are by definition not guests of owners but paying renters. They do not have the right or permission of the Carmel Highlands Association (CHA) to access or use its easement to the beach. CHA will not issue easement keys to any homeowner or tenant operating their property less than 30 days.  If the CHA Board of Directors determines that a homeowner or tenant rents their Carmel Highlands property less than 30 days and is in possession of an easement key, it is a violation of CHA policy.

Liability Waiver

By agreeing to this waiver of liability and the above conditions and stipulations, I will in return receive an easement access key and the right to use the easement.  

In order to purchase a key and access the Easements and the beach at Yankee Point Cove:

I, the keyholder, (defined as the individual who purchased an easement key from the Carmel Highlands Association (CHA) for personal use,  also including members of my household and my non-paying guests) agree 

   *  To abide by all published and posted rules, and all regulations and conditions outlined below for use of the beach and easements;

   *  That the CHA’s responsibility for the easement ends at the high-water mark of the Pacific Ocean;  

   *  That any entry by the keyholder into Yankee Point Cove below the high-water mark is done solely at my own risk and volition; 

   *  That I have been warned of the inherent dangers associated with accessing the Cove, including, but not limited to, cold and rough seas, absence of lifeguard supervision, rogue waves, the risk of falling rocks from unstable cliffs, and unreliable cell phone service which may hinder communication with first responders, medical personnel or rescue services; 

   *  That these hazards may result in serious injury, property damage, or death. 

By signing this agreement:

   * I agree to hold harmless and release the CHA, its Directors, Officers, Agents and Members from any and all liability including financial responsibility relating to injuries or property loss that may arise from use of easement keys, accessing the easements or beach facilities regardless of whether injuries or loss are caused by negligence, recklessness, or intentionally.  

   * I  acknowledge the risks involved in easement use, trails, steps, stairs, pets, inclement weather, tides, and unprotected beach access.

    * I agree that I am participating voluntarily, and that the risks have been made clear to me and to my household, and that I do not have any conditions that will increase the likelihood of experiencing injuries while engaging in this activity. 

   * I further understand and agree that should I, members of my household or my guests violate any rule, regulation or requirement established and/or posted by the CHA, that I shall assume full responsibility and liability for claims arising out of that specific violation. This includes but is not limited to any injury incurred on the CHA's easements, any injuries resulting from the presence of any pet allowed access, or any damages resulting therefrom. In such a case, I agree to be responsible for any legal fees or administrative costs incurred by the CHA in addressing the violation and further understand and agree that as a result of the violation, I may lose my right to use the easements and may be required to surrender my key. 

Any key holder found not acting in accordance with the Easement access rules (as determined by the CHA Board of Directors) 

   *  will be provided written notice of the alleged violation via email and/or certified letter;

   *  will be offered an opportunity to respond via letter or in person

   *  may be required to surrender their key immediately without a refund.  

If the key holder refuses to return a key after formally being asked to do so by the CHA Board of Directors, the key holder shall be liable for the costs of re-keying the gates.

By agreeing to this waiver of liability and the above conditions and stipulations, I will in return receive an easement access key and the right to use the easement.  

After submitting this form you will be redirected to the Beach Key purchase page.