Quote:
Originally Posted by knowit
One thing I would like to know is there anything in the Condo Assoc. Docs that say the Marina will offer docking space for temp tie ups for islanders and such so that they may access the store.
The other clause about dock owners having access to the parking area is very clear. The store is in violation of that right.
On another note, the "prison gates" that the marina installed are the ugliest thing I have ever seen. They do nothing to keep folks off the docks. They are very easily bypassed. Remove them. Offer space for temp tie ups and I bet the barricades will disappear. A little cooperation can go a long way.
Just my two cents.
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The answer is no. The docks are entirely private, and the gates were installed because there was theft and damage to boats in the marina. There are also liability issues for the private property to be open to the public.
It is also interesting to note that prior store owners, years ago, actually owned that portion of the dock that was used for store customers, but sold it to the boatslip owners. No question the boatslip owners have the right to put gates in.
The prior owners made a deal with the boat slip owners to rent the dock for public use. The new owners bought AFTER the gates were installed, and are obviously trying to leverage what they are wrongfully doing to force the association to open those docks without any arrangement to use that private property or to address the liability and theft issues. There are ways a deal could be done if both sides wanted to, but why would the boatslip owners open those gates and subject themselves to these issues just to help the store out when the store does stuff like this?
It seems fairly obvious the new store owners either didn’t understand their store was just a unit in a condo association, or didn’t care, and have been poking the association constantly for things they are not entitled to under the condo documents.