jpniewski

Ok, here's the background story. A few months ago my wife and I convinced her 89 year old mother to sell her attached villa that was a half hour drive away from us. She didn't want to buy anything herself, so we offered to buy a condo for her to live in. We found a nice first floor unit in Delray Beach, FL, 6 minutes from our house. The community is 55 and older, and has it's own marina. Our boat is currently on a rented lift behind a private residence, and the current owner recently told us he's putting his house up for sale. Since we own the condo in Delray, we thought we could just put our boat there, but when we inquired, they told us they have a rule that an owner can only get a slip if they total 90 or more days residing in the unit. The marina currently is about 50-60% full. My question is, what is the purpose of such a rule? What could be the downside if the rule didn't exist. We really don't want to put my mother-in-law on the condo deed and boat title to avoid the rule (and she doesn't want to either). We're considering bringing up the subject at the next board meeting but I'd like to be well informed about the subject beforehand.

Gali

I think its probably because they don't want people renting out the slips to people that don't like there, how you are renting from someone else. Sounds like your situation is a rare case though and I would bring it up at the board meeting in a friendly way. If its truly half empty and you do own the condo but you have your elderly mother living in there so you can take care of her, the board should be open to your situation. No shrewd business tactic to make some extra money off the slip here.

Dkn1997

how are they going to prove you are not totaling 90 days or more there? You are on the deed, and assuming you have the utilities in your name. Are they going to take attendance? Are they going to rely on busybody 3rd hand reporting? Go to dmv and do an address change for one of you. Give them a copy and then go change it back

Kendall

You could put your mom on the deed and make it a joint tenancy with exclusive right to survivorship for any remaining owners.

fireisland1

I’m with DK on this one. Register boat there and put a tooth brush in the bathroom.

Barrington

There is a lot of info missing in this post. For instance, How many units are in complex? How many boat slips are available? How much demand is there? Is There a waiting list? Are there size restrictions? How big is your boat? What does the HOA charge per foot or how are slips allocated? Are they deeded to individual owners? What is the history on the boat slips and how have the rules been taken advantage of in the past? Do you have to name the complex as an “additional insured” on your boats insurance policy?

BTW..... I am the dockmaster at my condo complex. Once you answer the above..... I might be able to answer the “why” in your post, you need to live there. However, the answer might become obvious when you answer the questions. Also, Delray Beach is not nessasarily know for its abundance of boat slips. It would not surprise me if there were people that purchased crappy condos, that they have no plans to live in, just for access to a boat slip. Maybe the complex has already travelled down that path, in which it learned a lesson, which is why they now have that rule.

You should see the smoke that has been blown up my ass by people wanting to convince me why their cousin should be able to park their boat in my complex’s marina. Btw, all our docks are deeded to individual owners with a ton of rules.

What are some of your other marina rules? I am sure there are others that don’t make a lot of sense.

I am sure that whoever wrote our marina rules..... wasn’t a boater!

ByrdmanFL

It could be an insurance and a way to prevent slip rentals. Master Policies keep going up in price and coverage keeps going down or the Board of Directors have cut out some coverage due to financial issues, non-owners boats may not be insured if something happens on common areas. IMO, you should call it your 2nd home and dont think about it again. Get the utilities in your name and have the boat title & registration sent to that address. As long as you are not renting the unit out as investment property, they cant say anything. You may even want to have one of your vehicles registrations sent there as well.

DO NOT do what Gali said. Although that makes perfect sense to do so and seems reasonable, you are telling on yourself that you are breaking the HOA rules. I was a Condo HOA president for over 10 years on our rental, and what he is suggesting is what is called selective enforcement and that is a BIG no no for condos and HOA's and can also open the association to a lot of legal liability by letting one person do something they dont let others do. Park your boat there, Mind your business, dont get into the other resident's drama, take 2 cars over in the morning and take one home so it looks like one of you stayed, and be able to provide enough documentation to verify you or your wife are there at least 90 days throughout the year. Put your wife on the title to the boat.

BTW, the condo association has to prove you are not there 90 days per year with credible documentation (pictures, video, security guard statements, etc.) for them to enforce that rule as long as you dont tell on yourself.

Darksails

Since you intend to spend more than 90 days there just move your boat in and provide whatever documents are required with your new address on them. Do not ask for any sort of special exemption from the HOA, because if they’re smart they’ll just say no to protect themselves.

No one will care in a year unless you’re a problem.

Gali

Sheesh, all I said was for the guy to have a conversation with the board and people are down my throat telling me its illegal for them to allow him an "exemption" which isn't really an exemption if the rules are vague, but we don't have the writing of the rule.

On the other hand, you guys are telling him to fake his address to give to the HOA and to not live there but to dock his boat there, which is the same thing goal I had in mind minus the illegal part of lieing about your adress. Will you get caught and if you do is it a big deal? Probably not, but it is illegal, more illegal than an honest conversation with your HOA.

The rules are clearly in place to prevent rentals. If you own that slip and it is deeded your covered. In fact, doubt you even need the boat in your MIL's name. Probably just her saying its hers on the record. These rules are probably in place for insurance reasons as well.

FYI, its pretty obvious for someone to know if you're actually living there or not. If you have 0 intention of actually being there even close to 90 days a year they will know. Will they take you to court and video tape you? Probably not, but they will know.

Edit, just read that your MIL isn't on the Condo deed. I don't even see a reason why you don't just pull into the slip now if its deeded to you. You own it. It's not even a family transfer thing.

Yacht Huckleberry

I see you have little experience with senior communities in S FL full of retired, power-tripping HOA board members who have nothing more fulfilling to do with their free time.

jpniewski

Thanks guys for all the responses. To fill in some of the questions... the slips are not deeded to the unit. They are available first come first serve to all who want one who meet all the rule restrictions. At the moment there is about 50-60% filled slips. There are 56 slips total at the marina and 399 units. As I said, it's 55 and older so many of the residents are very elderly and many are snowbird owners so not a lot of boaters needing slips. The cost per year is $11 per foot annually. Everyone there (including the condo board who we had to interview with) knows we don't live there. We didn't think to ask for an exception to the rule, but maybe getting the rule changed. We just don't know what that rule is doing. I understand that renting your slip out to a non-resident would be undesirable, but with proof of ownership of the boat in the slip I don't know what would be the problem. Btw our boat is a 2014 Tidewater 230cc. Boats up to 45 ft are allowed.

alacrity

i would not bring this up to the board and ask for permission. it will be your undoing even though your intentions are good and you make perfect sense, both of which condo crazies will purposefully ignore and frustrate. you cannot assume that the board of the condo association is reasonable and exercises good faith. in fact, you should assume the exact opposite.

i would act as a matter of right, which means move your boat and provide all documentation required (copy of title, certificate of insurance etc.). and i would review this matter with an attorney who specializes in community associations ahead of time.

alacrity

exactly.

ychtcptn

A lot of people buy cheap condos with docks. Park the boat and rent the condo, saves a lot of money.
My guess this is to stop that.

ReeltorFL

This is simple your mother in law is a permanent guest, don't have a lease in place with her, she can stay as long as she wants as family. They can't say you don't live there 90 days of the year if there is no active lease in place. Then put your boat in. Unless your are under 55 then they may make a fuss.

Still Stoked

Put the boat in moms name?

Dkn1997

so that’s a yes to them relying on busybody intel? Lol. I’m still all in for pushing the boundaries of the definition of “living there” Maybe even play the semi live in caregiver card

and I have some experience. I’m from Long Island where we incubate the retired power-tripping a-holes. We let them gestate for 5+ decades and send them on down there

Smoke n Mirrors

I have dome my fair share of HOA/COA audits, and one of the procedures is we have to read the meeting minutes. The things that come up are incredible. You will be frustrated as all hell if you think common sense will prevail. Document the boat & condo correctly, or you will be cursing yourself every time you cruise past the half empyry marina at your mom’s condo that you can’t keep a boat at, especially the southern Palm Beach county area, watch a Del Boca Vista of Seinfeld, it is reality in these places.

wdlfbio

Wait, you’re buying mom a condo to live and you’re never going to see her again? That’s shitty. Oh wait, you say you and/or your wife are going to visit mom several times a month? Yo don’t think that would add up to 90 times a year? Each time is a day. I doubt they said 90 times 24 hours in the regulations.

Less than 8 visits a month means y’all are their 90 days a year.

storytime

Assuming you are over 55 (if not i can see a problem) move into that unit and send your mom to your house. Get you priorities straight and that should be boating.