Boat Docking Rights

Started by SamuelD • 4 replies • 2135 views

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SamuelD (New York)
Posts: 1

Posted:

I'm president of a home owners assoc that consist of 14 homes.We all have deeded lake rights to lake front property.
The problem is we only have space for four boats,the same owners have had these slots for many years.
Two home owners approached me and wanted to know if they could have a chance to dock a boat enjoy the lake also.
The problem is the by/laws say you must go on a waiting list,and wait until a slot opens.One family has been on the list 4 years,the other 2 years.
They say this is not fare,and I agree.I decided i would try to have some sort of a fare way so everyone with a boat could have a chance.Well I don't have
to tell you ensued.I sent e-mails to all home owners asking for ideas that could accommodate all home owners.They told me they by/laws can not be changed.
As I read the by/laws ,i saw the by/laws for docking were changed to read the original boaters are grandfathered in.We all pay dues ,and these dues pay for taxes on the lake front ,repairs,insurance,saint of roads ,the roads are not town roads.As i see it we all own 1/14 of the common areas.
I think it was wrong and illegal to add the grandfather clause.We all own a piece of the rock and should share in all its benefits,in a fair and just way.
I'm concerned this could be challenged in court and would cost the assoc much grief and more decention,and not to mention the legal cost.
So this is where i sit as president,for the second time.I Would like any and all suggestions .

TishS (Washington)
Posts: 116

Posted:

Do you have CCR's? Your bylaws can be changed at any time with the correct amount of approving votes, but they must not conflict with the CCR's or Articles of Incorporation. I would do lots of research on this one, going back to the beginning of time, this is a lawsuit waiting for a place to happen.

Why do you have only 4 spots for 14 homes? How did that happen in the first place? Are you sure the HOA owns the dock? Get your ducks in a row

SusanW1 (Michigan)
Posts: 5,202

Posted:

There's a case going in front of the Michigan State Supreme court soon about backlot owner's riparian rights. This issue is a real bone of contention.

If the HOA has riparian rights, then it must go with some property, or you have a launch at the end of the road.

How did you come up with the 4 slot figure?

I'd suggest that you dismantle the dock and have people simply moor their boat in front of your riparian deeded area.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Look at your CCR's and look at the deed. No one is denying you access to the water, they are only denying you access to the docks with a boat. Do some homework. Its possible, the only reason you have access to the water at all is someone sold it to the developer of the HOA for a rock bottom price with the stipulation the current people docking their boats can continue to do so.

You should have known what you were buying, with restrictions, when you bought your place.

Technically, your paying for water access, not the dock. but you owe dues either way. Good luck.

SusanW1 (Michigan)
Posts: 5,202

Posted:

AROUND HERE, "Access" does not mean docking or overnight mooring rights.

It means "daily use" as in 'in and out" launching and beach rights (swimming).

Either every member gets the rights, or NO one should have the right.

Unless it's stated in the deed that you have Riparian Rights, then you don't.
The HOA/group thing makes it complicated.

Good luck on this one . . .

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