Transfer of Boatslip that is Assigned with Specific Lot

Started by JohnM63 • 12 replies • 1604 views

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JohnM63 (North Carolina)
Posts: 21

Posted:

Hi all,

If the CC&R is silent on the subject, does anyone know whether a boat slip that is assigned to a certain lot in a subdivision can be transferred to another lot of the same owner? Since that is affecting the value of the respective lots, my thought is that it should be alright if the Board approves and the right is unassigned from the one lot. Any thoughts?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

John

How did the slips get assigned in the first place?

Does the one member own both lots or is he just moving to a new lot and wants to take the slip with him?

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

A boat slip is similar to a parking spot. This may or may not apply to you. But I'm guessing the boat slips are limited common area.

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Limited common element parking spaces are designated in the Condominium Declaration as being reserved for the use of a certain unit to the exclusion of other units. They are attached to a unit and do not exist separate from the ownership of the unit and consequently pass with title to the unit.

Since limited common elements are under the direct supervision of the board of the condominium association, if an individual is trying to transfer the limited common element parking space, the individual needs to obtain permission from the board and the parking space must be transferred in accordance with the requirements of the Condominium Declaration.

SueW6 (Michigan)
Posts: 814

Posted:

Check the deed and see if the slip is in the deed as part of the home.

I know if a situation where a condo owner sold off his slip down at the lake. He regretted it later because he lost a lot if value to the home.

Permission to separate then sell the slip was in the CCRs.
.

SamE2 (New Jersey)
Posts: 310

Posted:

In our HOA the only one that can change the assignment of boat slips is the HOA board. The HOA owns the boat slips.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By SamE2 on 09/27/2019 6:33 AM
In our HOA the only one that can change the assignment of boat slips is the HOA board. The HOA owns the boat slips.

Is there a boat slip per owner? If not, how was assignment of boat slips decided?

SamE2 (New Jersey)
Posts: 310

Posted:

Yes there is one slip per unit. The slip were assigned in sequential order by units. If people want to change we check with the person the slip is assigned to but we consider the change to be temporary and if the original person wants/needs it they get it back. Some slips are a little wider or have deeper water.

JohnM63 (North Carolina)
Posts: 21

Posted:

The boat slips were originally included as part of the deed to the lot buyer but they are now noted on the deed and in a separate assignment.

JohnM63 (North Carolina)
Posts: 21

Posted:

In this situation, certain lots came with boat slip rights. There are more lots in the development than there are boat slips, so not everyone would get one. It is murky on how to make any transfer of a boat slip since they were sometimes on the deed in the past and appear to be inextricably linked with a particular lot.

SueW6 (Michigan)
Posts: 814

Posted:

The deed would be clear on whether or not the homeowner also has a deeded slip

OR

If the association has rights to the slips and somehow distributed usage to certain homeowners (maybe for a fee. )

This is an important distinction.

You cant sell what you don't own.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By JohnM63 on 09/27/2019 2:35 PM
In this situation, certain lots came with boat slip rights. There are more lots in the development than there are boat slips, so not everyone would get one. It is murky on how to make any transfer of a boat slip since they were sometimes on the deed in the past and appear to be inextricably linked with a particular lot.

That is where to start as in clearing the murky water. My initial blush is the boat slip goes along with the original property it was signed for. A lawyer might have a different opinion than mine and that would not be the first time. Not saying the lawyer was correct.......LOL

SamE2 (New Jersey)
Posts: 310

Posted:

Who maintains the boat slips and docks? Are there any fees paid to the state for the slips. We have a riparian license for ours so they actually belong to the state and the HOA leases them.

EllieR1
Posts: 5

Posted:

Quote:

Posted By JohnM63 on 09/27/2019 2:31 PM
The boat slips were originally included as part of the deed to the lot buyer but they are now noted on the deed and in a separate assignment.

What does this mean exactly? Who owns the boat slips now? Sounds like it's still the owners. If that's the case, then no, the HOA can not re-assign them.

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