J.W. from Lee County, Florida writes:
Dear Mister Condo,
Mister Condo replies:
J.W., as you may know, I am not an attorney and offer no legal advice in this column. If you need a legal opinion on this matter I would suggest you seek qualified legal counsel. In my opinion, if the HOA doesn’t own the boat dock in question, I don’t see how they can regulate repairs or maintenance to the dock. However, you mentioned that you have a deeded boat dock. Are there any restrictions on that deed? Is it a separate deed than the deed for your home? You need to clear up any confusion about the boat dock deed to determine if, in fact, the HOA can regulate its repair and maintenance. At the end of the day, an unmaintained boat dock is an eyesore and may even be a safety hazard. If the HOA has any connection or liability to that boat dock, it is in all HOA members best interested to keep it in tip-top shape and as safe as possible. Good luck!