HarborSide,
After reading your posts you seem to be an extremely knowledgeable and intelligent person. I truly feel for you and I can only imagine your frustration. We are fortunate to have a home on an Island where all of my neighbors and I have tip up crank style docks, no circulators necessary. I do not know what I would do in your instance where you have to deal with an association rather than a single neighbor.
I do believe jrc gave you some great advice though. The cost of the thermostat and timers would probably be the cheapest route at this point. It would also be a much quicker fix for you as you wouldn't have to wade through a lengthy court battle or wait for the state to take up this issue.
This just ticks me off though that it is you that will end up footing the bill for this. It is yet another example of people not taking any responsibility for their actions.
Good Luck, I really hope they just let you install the thermostats and timers without giving you any grief over it. Somehow I feel like they will raise an issue with it and not allow you to do it. I hope not.