Chairman of the Fisherman’s Bay Licensees Group and shack owner Ken Hinkly has voiced his disapproval for the manner in which the freehold arrangement for the resort licensees is being conducted.
While he and other licensees did not appose a freehold arrangement, they were seeking some communication from the Fisherman’s Bay Management (FBM) to discuss the proposal.
He said they hoped to explore “ways of achieving a more equitable outcome for licensees in the matters of purchase price, contractual terms, encumbrance conditions, subdivision matters and socially sensitive arrangements for pensioners who are permanent residents of Fisherman’s Bay”.
Land at Fisherman’s Bay was reportedly once owned by a local farmer that for many years allowed families to build shacks there in return for a modest rent.
In the early 1970s the farmer reportedly decided to sell the land and so to preserve access to the shacks a group of about 20 shack-owners formed a company known as the FBM to act as trustee for Fisherman’s Bay proprietors to buy the land, reportedly to maintain the amenity of the area for its continued use as a shack area.
A licensee of 24 years, Mr Hinkly said it was in 1998 that leaseholders were formally advised of the management’s intention to offer shack-owners the opportunity to buy their shack titles.
In the belief that costs would be reasonable, most shack owners were happy with the prospect of gaining titles for their sites until 2003, the year Mr Hinkley cited as being when the FBM issued a significantly expanded “licence to occupy” agreement with many conditions that licensees considered unfair.
This was demonstrated by the gathering of around 300 shack-owners and local residents in Port Broughton earlier this year when they gathered to discuss the proposal and so form the Fisherman’s Bay Licensees Group.
With a view to improving the fairness of the freeholding process, purchase contracts and the encumbrances, the group hopes to negotiate a fairer licence agreement for those wishing to freehold their leasehold shacks.
A more recent “offer to purchase” contract has since been offered to some licensees including long-time Fisherman’s Bay resident Bruce Murdock who has also expressed his dismay for the process, despite of his own ill-health.
The current contracts are said to contain controversial aspects including plans for the water supply and sewage treatment to be governed in Fisherman’s Bay, potentially for the next 200 years, by the FBM.
Despite having made several attempts to seek comment from the FBM, The Recorder is still awaiting a response.