A.R. from Florida writes:
Dear Mister Condo,
I own a condo in Florida which I rent out on an annual lease. My question relates to common element boat docks.
The documents state:
1) only unit owners shall be allowed to keep boats.
2) Renters, Lessees, and guests are not allowed to keep boats on condominium property.
Why can’t I allow a person who rents from me to use the boat docks? I pay for it and I am not going to use it so why can’t I transfer my use of the boat dock to my tenant?
Mister Condo replies:
A.R., individual associations have the right to handle the management of common assets, such as boat docks, in any way they see fit provided they are not in disagreement with local, state, or federal laws. The association’s governing documents using spell out how the association rules are made and/or modified. If unrestricted use of a particular boat dock is part and parcel of the deed to the unit, there may be some additional use rights attached, but, as you have stated, the boat docks are common elements, which means they are owned by the association as a whole and not by individual unit owners. As long as no laws are being violated, the association can restrict the use of the common elements in any way they see fit, including limiting their use to unit owners only. You can always put forth a request that the Board consider allowing the use of the boat docks to tenants but the Board does not have to take action. If enough unit owners share your sentiment you may be able to pressure the Board into changing the rule. Otherwise, the rules should be obeyed and only unit owners should use the boat docks. Good luck!