A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
← Return to Topics List

Boat Ramp

Started by JanetW4 • 15 replies • 1896 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

JanetW4 (Florida)
Posts: 6
Posted:
We have a boat ramp in our gated community with a parking area. The lot owner closest to the boat ramp uses it to park his boat and trailer and toy hauler rv whenever he wants. Also his visitors use it to park in when they visit.
He has 2 short driveways, and he parks his personal truck in one. Our covenants state if the RV's/boats & trailers are not parked in the storage lot they can be in your driveway for 5 days in a 30 day period. No real verbage in the covenants about what should not be parked in boat ramp lot. I filed a complaint and his attorney sent me a letter that he can periodically park there. He is the only abuser of the area. What do you think!
GlenL (Ohio)
Posts: 5,491
Posted:
I think that the Board needs to get busy and amend the CC&R's to deal with the issue. If you are not on the Board you may have to jump start the process and show the Board the necessity of the change.
Studies show that 5 out of 4 people have problems with fractions
LynetteB (Texas)
Posts: 141
Posted:
Janet,
If there are no clear rules for the boat ramp parking area, and your docs allow the board to create policies, I would write a policy regarding the use of the parking area. Our policies include an introduction, the policy, the procedure and the enforcement, (which typically refers to our violation policy). For our place, this is what has worked and is the best way to make sure one person isn't treated any differently than the next.
On a personal note, that would bother me too, but unless you have something specifically written, I don't know how you can change it.
I am a little curious who you filed a complaint with, (your board? I assume), and why his attorney would send you the letter. Either he his a board member or they told him who the complaintant was?.
I am sure the regular posters here will have good advice for you. I just offer my two cents because we have a ramp and parking area here as well. We don't have that specific issue here, but close.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Janet,

I suspect that his attorney gave reasons why he is allowed to park his vehicle there and I suspect it's for the reason you stated, there is nothing specific about parking at the boat ramp. Your member found a gray area past boards failed to address (perhaps because they thought it was common sense).

My suggestion, The board should follow your Associations governing documents as it relates to resolutions and adopt a policy for the boat ramp. I would suggest something like:

The boat ramp and associated parking area may only be used by members and guests only when using a watercraft on the water or when loading/unloading a boat. The use of the parking area for overnight parking is prohibited. Overnight parking is defined as between the hours of midnight and 4 a.m.
Violators of this policy may be fined and/or may have their vehicle towed at their expense.

I am sure that this wording can be stated better. You should also check to see if it complies with all applicable state/county/city laws.

Tim
SusanW1 (Michigan)
Posts: 5,202
Posted:
Fence it, lock it, and post no parking signs.

We have the same issue around here. Some people think they can use other people's property at any time. This is what this is all about. He has no right to park on someone else's property.
SureshD
Posts: 268
Posted:
"...someone else's property"?
Really... based on the OP post it's sounds like Common Area.

Fence it, lock it... he'll need a key too.
No parking signs? It's a parking lot!

Both sound spiteful and will incurr expenses to all members.

If his parking there IS NOT displacing others than what's the problem? (you did not state such)

His lawyer already stated that HE believes he is allowed periodic parking so just define the parameters and enforce them.

SusanW1 (Michigan)
Posts: 5,202
Posted:
Common areas cannot be claimed for use by any ONE owner.

The HOA really owns these pieces of property and the homeowners have the use of them under the guidelines of the rules and regulations.

Just the liability this fellow puts the HOA under makes me shudder.

(By NO PARKING, I meant to post place and time restrictions on the parking)
SureshD
Posts: 268
Posted:
"Common areas cannot be claimed for use by any ONE owner."
Frequent use constitues a claim?

"The HOA really owns these pieces of property and the homeowners have the use of them under the guidelines of the rules and regulations."
His lawyer said he feels he is allowed periodic use under the existing DOCs. (Maybe he is abusing it though.)

"Just the liability this fellow puts the HOA under makes me shudder."
Please explain the liabilty of using a parking space excessively.
JanetW4 (Florida)
Posts: 6
Posted:
The boat ramp is the first area you see after driving into our community, we havetried to enforced the the parking of rv's and boats in the driveways ways to the rules. Its not fair to the other community members in my opinion. The covanents state when out of your garage or the storage area its 5 days out of 30 in your driveway. The lawyer has totally ignored that covanent.
SureshD
Posts: 268
Posted:
I realize you may be paraphrasing or generalizing, but this statement...

"Our covenants state if the RV's/boats & trailers are NOT parked in the storage lot they can be in your driveway for 5 days in a 30 day period."

...would generally indicate that he is [technically] doing nothing wrong which may explain the Lawyers interpretation.

Based on that wording ALONE, and what has been posted thus far, he MAY be fine. Inconsiderate? Possibly.

Is it first-come, first-serve on the empty spaces?

Documentation can contain loopholes and be subject to interpreation. He has read it one way, you (and others?) see it another.

So often the sentiment implied here is that the accused is doing so to so as to purposely "push buttons" or "try to get away with something" when in fact they [may] have read the docs. and see it differently.
MaryA1 (Arizona)
Posts: 7,043
Posted:
He may see it differently but only the BOD has the authority to interpret the documents. The board needs to render an interpretation of the documents with regard to the storage unit -- what can be parked therein and how a member can obtain a space in the storage unit.
SureshD
Posts: 268
Posted:
Or a Judge.
MaryA1 (Arizona)
Posts: 7,043
Posted:
To my knowledge, we're not talking about a court case.
SureshD
Posts: 268
Posted:
He already has a lawyers opinion so ya' never know!
JohnB26 (South Carolina)
Posts: 1,569
Posted:
If his lawyer says 'yea'
and
the HOA's lawyer says 'nay'
let the third lawyer (known as a judge) decide
BUT
the only 'winner' will be the lawyers.

THEY ALL GET PAID REGARDLESS
JanetW4 (Florida)
Posts: 6
Posted:
Thanks for your input neighbor!

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here

Terms of Use and Privacy Statement