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  1. #1
    Join Date
    Dec 2009
    Posts
    4

    Default HOA Wants to Charge Fees to Non-Resident Boat Slip Owner

    My question involves real estate located in the State of: MO
    I own a boat slip on Table Rock Lake. The slip is part of a 16 slip boat dock, owned by the Association, or the combination of the owners.
    This dock was licensed by the Army Corps of Engineers and is attached to a housing subdivision that I do not own property in.
    The owner of the subdivision has recently gated the access road into the subdivision as it is a privately owned road.
    The owner is now "taxing" all parties who own property within, and parties who simply own a slip in the dock, in the form of maintenance for the private road.
    The land owner is not the owner of the dock as it is owned by the association. He is simply the owner of the land and private road into the subdivision.
    The owner obviously intends to enforce this "taxation" by gating the road with a key card pass.
    The boat dock is obviously anchored in the lake and not a part of the subdivision property.
    I access the boat dock from the other side of the cove, so I have no reason to use the private subdivision road.
    My question is: Is this legal for him to force me to pay for use of the road to get to my slip whether I use the road or not?
    Any help would be appreciated.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,734

    Default Re: Landlocked (Sort Of)

    well, the first question is; how do you happen to own a slip in a dock owned by the association?

    Then, since it is owned by the association, you and the dock would be subject to the rules of the association so as such, if the association levies a fee, then you are subject to the fee.

    If you do not want to pay the fee, sell the property that the association has the rights to place rules for.

    My question is: Is this legal for him to force me to pay for use of the road to get to my slip whether I use the road or not?
    based on your description of the situation: yes.

  3. #3
    Join Date
    Dec 2009
    Posts
    4

    Default Re: Landlocked (Sort Of)

    I bought a house on the other side of the cove which is not part of the subdivision.
    The owner of the house had extra slips for sale in the dock and sold one to me with the sale of my house.
    The dock is across the cove, so I access it by rowboat normally.
    The dock association is seperate from the subdivision and owned by an association of owners, including myself. We pay our association dues annually for the dock, so these new fees being imposed for the road into the subdivision are seperate from that of the dock.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,734

    Default Re: Landlocked (Sort Of)

    well, if you believe you are not under any association requirement to pay the fees, tell the other guy to buzz off.


    so I access it by rowboat normally.
    Normally???? How do you access it in the other times?

    Since this dock is attached to the subdivision though, you might want to read all germane paperwork very thoroughly. There may be something that requires the association (of slip owners) to pay the other association some fee since typical access would obviously be through their building subdivision.

    by chance, do you have a key card to be able to pass through the gate?

    and how is he forcing you to pay anything? If all he did was send all the slips owners a bill, that forces nothing. If he said he would not supply a key card unless you paid the fees, I would suggest he is within his rights unless the slip owners have something in their deeds that would allow free access to their slips via this other guys property.

  5. #5
    Join Date
    Dec 2009
    Posts
    4

    Default Re: Landlocked (Sort Of)

    The gate is just now going up. I don't have a key card yet. I have owned my house and the slip for a year and a half. Prior to realizing the rowboat was a quicker and easier way to get to my slip, I was driving the 4-5 mile road around the cove and then through the subdivision via his private road to the dock. Now I don't use the road (that's what I meant by normally) I just boat across.
    The guy has had no problem with slip owners using his road until now and I feel that he is just trying to make a little cash for his road (which I would have no problem with if I was using it).
    He will likely not offer me a key card if I don't pay, which is fine with me anyway.
    I don't think the dock has any other requirements or payments to the subdivision as I have been paying my dock association dues for the past 18mos without any fees to anyone else.
    I just want to make certain that there will be no legal problems if I refuse to pay this new expense.
    It sounds like what you're saying is I could tell him to get bent as long as there's nothing binding between the dock association and his subdivision.
    And yes, I just simply got a bill that I owe for 2009 and will be receiving future bills mid year from here on out. There is no explanation other than it is for road maintenance and he mentions there will soon be a locked gate.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,734

    Default Re: HOA Wants to Charge Fees to Non-Resident Boat Slip Owner

    unless there is some legal obligation formed by the arrangement between the two entities (dock association and private property group) I see no justification for him being able to charge you for use of the road. Obviously, if you refuse to pay, I would not expect to be seeing a card key to allow access.



    The guy has had no problem with slip owners using his road until now and I feel that he is just trying to make a little cash for his road (which I would have no problem with if I was using it).
    actually I see it as he is only asking those that use the road to pay their fair share of the costs to maintain the road. I see nothing wrong with that and if in fact you did have an easement to use that road, you most certainly would be legally liable for exactly those costs.

    Anybody using the road and not willing to pay their share of the upkeep would be scoundrels.

  7. #7
    Join Date
    Dec 2009
    Posts
    4

    Default Re: HOA Wants to Charge Fees to Non-Resident Boat Slip Owner

    Haaa! Ok, I agree. Thanks for your thoughts.

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