Key to my boat slip

Started by JustinB3 • 6 replies • 1862 views

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JustinB3 (Nebraska)
Posts: 3

Posted:

We have an offshore lot in a lake community. Our house came with a boat slip which I own. Offshore lots must split the cost of repairs on the boat slips. The boat ramp is near the boat slip. Ther is one gate for both. Gate is about 300 yards from slip. Hoa has only given out 4 keys to the gate to stop people from putting in boats without permission. I have drove around the gate several times to use my boat at my boat slip. Do I have a right to a key? I have been told by one lard member that me and my wife need to walk to our boat slip We have a 16 month old plus towels and bags to carry so e 300 yards. How can 4 people have keys but I can't. These 4 people do. It own a boat slip as they live on the lake. My boat stays in the water all year. I just want to be able to drive to. My boat and feel that I have a right to have a key. Am I right?

NancyG1 (North Carolina)
Posts: 119

Posted:

Hi Justin - Who did you buy your house from? Builder or Private owner? How long have you had the boat slip? When you purchased your home at settlement didn't they give you a key to the gate like they did for your home? Did you show your HOA Board your proof of ownership of the slip? My suggestion is go to the Builder or Realtor or Attorney that handled your closing and request a key. Maybe one of these people will be able to help. Is it written anywhere in the Covenants about locking the gate. Get it in writing why the Board will not give you a key. Good luck.

JustinB3 (Nebraska)
Posts: 3

Posted:

I bought the house from a builder, who just happened to also be the developer/friend. I both is july 2011 of last year. THe slip came with the house. they did not give a key, and i didn't care because i didn't have a boat. The board knows the boat slips are owned by each individual off shore lot, we each own one. there is nothing specifically in the covenants about the gate.

NancyG1 (North Carolina)
Posts: 119

Posted:

Here's my suggestion, go back to the Builder/friend and ask him for help to obtain a key. It doesn't matter if you wanted a key or not they should have provided you with one if the slip came with the property. Don't wait to long to hear from him. Then write the Board and ask for a key and send them proof of ownership. Give them 10 days to respond. If you don't hear from them contact the people that have a key and ask them if you can make a copy of it and you will pay to have it done. If none of these suggestions work then you have to decide how far you want to take the situation. Because the next step if they refuse you may have to contact a lawyer to write a letter to the Board. Unfortunately, this cost money. I hope the Builder/friend can help so all the other suggestions you won't have to bother with. I can't understand why the Board wouldn't give you a key if you show proof of ownership. All this for a little ole key. What a shame. Good luck.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Justin,

If you're financially supporting the boat slip, you get a key to the boat slip. Period.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Justin:

Where is your boat slip in relation to the association's common areas? If your boat slip is not immediately adjacent to a common area then there must be some sort of easement allowing you to access your boat slip whether you walk or drive, otherwise you would be trespassing on someone else's property. Find the plat and see where property lines and easements are.

If there is an easement for access it may state that it is exclusive or non-exclusive. If it is for exclusive use of owners of the boat slips, then they can lock the gate but they cannot deny you access by refusing to give you a key. If the easement grants non-exclusive access (or ingress and egress) then they cannot lock the gate at all as it has been dedicated for public use.

Was the locked gate there when you purchased or was it added later? Is it mentioned in any of your community documents.

JustinB3 (Nebraska)
Posts: 3

Posted:

Justin,

If you're financially supporting the boat slip, you get a key to the boat slip. Period.

we did just receive an email saying that any cost for repairs will need to be split up between the offshore lots and paid for by us.

Where is your boat slip in relation to the association's common areas?

It is located right next to the boat ramp, which is on the lake.

If your boat slip is not immediately adjacent to a common area then there must be some sort of easement allowing you to access your boat slip whether you walk or drive, otherwise you would be trespassing on someone else's property.

They will allow me to walk to my boat slip. That is what they want me do to. but it is 300 yards, and when we go boating we take our daughter, among other things, on the boat with us.

Find the plat and see where property lines and easements are.

If there is an easement for access it may state that it is exclusive or non-exclusive. If it is for exclusive use of owners of the boat slips, then they can lock the gate but they cannot deny you access by refusing to give you a key.

That is exactly what is happening.

If the easement grants non-exclusive access (or ingress and egress) then they cannot lock the gate at all as it has been dedicated for public use.

They do not allow any other homeowners onto the boat docks, only the owners of each slip. I can't even go on somebody else's slip, only mine.

Was the locked gate there when you purchased or was it added later?

It was there when I moved in.

Is it mentioned in any of your community documents.

It is not.

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