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CynthiaP3 (Texas)
Posts: 4
Posted:
I am new to our HOA, so I am curious, when I mention the boat docks in our canal that are pretty much falling down, I am hearing from the HOA that we cant do anything about them (the docks).
I have been reading and reading, and not really finding HOA standards for docks.
My understanding at this point is that when the bulkhead and dock are initially done you have to get permits and all that. I get it.
what about the maintance?
RichardP13 (California)
Posts: 3,868
Posted:
It depends on what the governing documents say, more specifically, your CCR's.
SheliaH (Indiana)
Posts: 6,964
Posted:
What Richard said. If the docks are homeowner responsibility, it may be no one can afford to repair them or no longer use them (in which case, they might want to consider tearing them down). Of course, that will cost money that homeowners may not have or want to spend.

You should also take a good look at your community's financial reports if your documents state the association is responsible. There may not be any money for repairs or replacement, especially if there have been issues with delinquent owners not paying assessments or no reserve fund, or the reserves are underfunded or no current reserve study OR the study's recommendations have been ignored, etc., etc. etc.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
SheliaH (Indiana)
Posts: 6,964
Posted:
What Richard said. If the docks are homeowner responsibility, it may be no one can afford to repair them or no longer use them (in which case, they might want to consider tearing them down). Of course, that will cost money that homeowners may not have or want to spend.

You should also take a good look at your community's financial reports if your documents state the association is responsible. There may not be any money for repairs or replacement, especially if there have been issues with delinquent owners not paying assessments or no reserve fund, or the reserves are underfunded or no current reserve study OR the study's recommendations have been ignored, etc., etc. etc.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
GeorgeS21 (Florida)
Posts: 3,808
Posted:
What kind of reading and reading are you doing?

You didn’t mention the obvious HOA documents?
JanetB2 (Colorado)
Posts: 4,219
Posted:
Hi Cynthia ... Welcome to the Forum.

As others have noted ... what do your CCR’s state in reference to the boat docks???
CynthiaP3 (Texas)
Posts: 4
Posted:
this is the problem. there is nothing in the HOA guidelines that say anything about the canal (back yards) when I mention it I am being told that the river authority has control of the water area.
so I am researching since I believe that I am not talking about the water I am talking about past the bulkhead in our yards, the walkway, mowing the grass, and keeping your deck in order the same as the front since people do live on the other side of the canal and are looking at our back yards.
I have spoke with another HOA on the lake and have been told that they hold their owners to the same maintance in the canal as they do the front yard, and I do have a call into our river authority.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
So, someone is drawing a distinction between the front yard and back yard maintenance?

But ... a dock is not back yard maintenance ...and, a canal is not a backyard ...

But, there are no CCR guidelines for docks?

Probably need to do a bit more digging to be able differentiate who controls what?
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By CynthiaP3 on 07/22/2018 2:33 AM
this is the problem. there is nothing in the HOA guidelines that say anything about the canal (back yards) when I mention it I am being told that the river authority has control of the water area.
so I am researching since I believe that I am not talking about the water I am talking about past the bulkhead in our yards, the walkway, mowing the grass, and keeping your deck in order the same as the front since people do live on the other side of the canal and are looking at our back yards.
I have spoke with another HOA on the lake and have been told that they hold their owners to the same maintance in the canal as they do the front yard, and I do have a call into our river authority.


If there is nothing in your CCR’s regarding boat docks then potentially that is property area not owned and regulated by the HOA and the Owners possibly received permission from the River Authority to build a boat dock. My recommendation would be to check with this authority and see what they state regarding the issue.

JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By JanetB2 on 07/24/2018 10:58 PM
Posted By CynthiaP3 on 07/22/2018 2:33 AM
this is the problem. there is nothing in the HOA guidelines that say anything about the canal (back yards) when I mention it I am being told that the river authority has control of the water area.
so I am researching since I believe that I am not talking about the water I am talking about past the bulkhead in our yards, the walkway, mowing the grass, and keeping your deck in order the same as the front since people do live on the other side of the canal and are looking at our back yards.
I have spoke with another HOA on the lake and have been told that they hold their owners to the same maintance in the canal as they do the front yard, and I do have a call into our river authority.


If there is nothing in your CCR’s regarding boat docks then potentially that is property area not owned and regulated by the HOA and the Owners possibly received permission from the River Authority to build a boat dock. My recommendation would be to check with this authority and see what they state regarding the issue.



Will further add that potentially from the water line back X distance is under the River Authority authorization as a potential “easement area”.
CynthiaP3 (Texas)
Posts: 4
Posted:
ok so here is what I have learned about my area.
1. what I am calling a (dock) is not a dock at all, it is the decking at the bulk head, and in my area our river authority does not care if you have a bulk head, the only time the river authority gets involved is if the boards from the bulk head have come loose and are causing a navigational issue.

2. per our river authority it is the owners responsibility to maintain the property even if it is the river authorities easement.

3. I am also talking about this as the canal area, which it is when you are not directly on the water, so with that being said we have neighbors across the canal that have to look at that mess when they come out their back door onto their deck/back porch.

4. our HOA does not cover any of this in our restrictions, other than a nuisances restriction.
5. I am exhausted..... but now I am moving forward and will be discussing this with our members.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Your best avenue would potentially be to get a group of homeowner’s together (who all have these bulk heads) and everyone pitch in for supplies and labor to fix. Maybe make it a Saturday workday and then a get together BBQ after work done. From your statements it appears that this is the River Authorities potential easement area and they apparently are not pushing the issue. It is not the HOA as this is not contained in your CCR’s for them to maintain. You potentially can wear yourself out approaching the hard way with most likely no result ... or make it a fun work day and might be surprised that others without bulk heads might also pitch in their labor as good neighbors.

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