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EReder (Hawaii)
Posts: 9
Posted:
My association has allowed and charged me each month for an extra parking spot for my boat for the last 10 years. Now, with new members on the board they say they don't want boats there any longer. The current house rules still allow for boat parking:

No tractor, trailer, truck or watercraft will be permitted to park at the Project
unless previously approved in written by the Board of Directors. Applications
for such vehicles shall be submitted in writing to the Site Manager

So I went to the last board meeting to discuss this with the board and their decision was to stick with the no boat policy. They say I never received the written approval. This is pretty thin as they have collected from me each and every month for 10 years. I spoke to a lawyer who says if we pursued this the board would look very bad. I have an appeal hearing with the board in 3 weeks so I want some ammunition to back me up on this versus threating them with legal action. So does anyone here know if there is legal precedence to help me? The boat is very important to me and without this extra spot I will have to sell the boat.

Thank you
TimB4 (Tennessee)
Posts: 21,059
Posted:
You talked to an attorney.

Have the attorney write a letter on your behalf to the board.
The attorney would have all the relevant info (far more then we would).
ND (PA)
Posts: 792
Posted:
Yes, if you already have legal advice, then run with that.

Another thing to review and consider . . .

What do your Covenants, Conditions & Restrictions (CC&Rs) or other documents say and allow when it comes to boats? If CC&Rs say boats are allowed, then the Board cannot create a rule that completely prohibits boats. The Board could potentially restrict boat placement within the property, but they would still have to be permitted to a certain degree. Further, if they did seek to change what the CC&Rs allow/say, then they would need to seek approval from the proper percentage of the community (usually a large percent), and then formally and appropriately amend the documents to reflect that change. If that is done, and the correct percentage of the community agree with eliminating boats, then you may be out of luck. If there is potential for that to occur, then you need to get support from friends, neighbors, and other boat owners to ensure the necessary percentage of the community vote "no" to the CC&R change.

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