Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
Question: Our nine unit ocean city condo association has recently voted to add boat slips. It was put up for a vote and was approved by the members present. Even though the president was out of the country and could not attend the meeting went on as did the vote instead of being rescheduled. The association also added an addendum to this vote that states the boat slips can not be rented out. I personally don’t own a boat, and i have no plans of purchasing a boat as with several other members not on the board. Is the association legally allowed to extend to other members the expense of a luxury item like a boat slip? If they are, can they forbid anyone from renting their unused boat slips?
Answer: Without looking at your association’s governing documents, it’s impossible to answer your question. As a general rule, associations must treat all owners equally, but that just means that all owners have equal opportunity to use the common benefits, whether they choose to or not. Whether your association made some procedural or substantive error will depend on a reading of at least the association governing documents, and possibly local law as well.
