J.R. from Lee County, Florida writes:
Dear Mister Condo,
There are 14 condo units and 4 boat docks We have owned the condo for over 10 years a co-owner lived in the condo until his death late last year (2018). I requested all information regarding the rules and regulations – According to information received there was only a verbal commitment stating a first come, first use policy for the Docks. What are my rights to get this changed – as it is my view that the property value is compromised and I am paying maintenance and insurance on common property that I am denied access to?
Mister Condo replies:
J.R., while I appreciate your opinion that the property value is compromised because of the lack of guaranteed use of the docks, it would appear that the rules were in place when you purchased over 10 years ago. As a co-owner, you may be entitled to the same rights as the previous owner but I don’t see where you are being denied those rights. It is still first come, first serve as it always was. I am not an attorney and I would strongly suggest that you get a legal opinion to determine if, in fact, you have a legal to stand on in this case but if the legal ownership of the condo has changed and that puts the boat dock back into the first come, first serve pool as has been the policy for many years. Just as you have had use of the boat slip for many years because you were first in line for it, it might be that another owner was next up on the list when ownership changed. Talk to an attorney. All the best!
Are first come first served boat slip list not allowed to be posted and to be kept private by the condo board? I requested a list of the boat slips and what condo units they were assigned to from the Board and was told they could not release that information. It would seem beneficial to post such a list for all members to view in case there was a boat in distress and the owner can be informed. I am next on the list and already got bypassed once and would like to keep track myself
L.A., I imagine that the Board has the right to keep the list private if they wish. However, it is still an association record and, as such, has the right to be inspected by members of the association. Ask them why they feel it needs to be private. Perhaps they will agree with you and post it so that all owners can easily view. All the best!