Mooring sharing info

Winnielove · 07-19-2022, 08:10 AM

We have had our mooring for 25 years after waiting on a list for 7years.
New owners that don't want to wait on list, want to propose a sharing of our mooring which we will have to put in a marina during this time.
I've seen this subject come up on this site awhile back and people were pretty
upset about the new people wanting to do this (sharing).
Does anyone have any info regarding this and what recourse we may have?
Any advice would be most welcome!

By the way, when they purchased their units, it was in full disclosure that there
was a "wait list".

LIforrelaxin · 07-19-2022, 08:24 AM

So if the procedures for securing a mooring, are spelled out in your condo or Association documents as part of the deed, your safe and new owners I can suggest change and the BOT, can suggest change but the community at large needs to vote on it....

If the mooring and docking rights are not spelled out in the Deed, and are part of a loser"rules" document of the association... then the rules can be changed a little easier....

Not knowing the situation I would say this... If I had a boat I could trailer, and the association had a place I could store my trailered boat, and I knew I wasn't going to be up, durring a period some other resident wanted to be on vacation, and didn't want to put there boat in and out all week, I wouldn't mind being cooperative, so long as the association rules allowed it.And the person "sharing" the morning understood there boat would have to be removed at the end of their vacation....

Just some thoughts and things to think about...

TiltonBB · 07-19-2022, 08:57 AM

There is a value to your assigned use of your mooring just like there would be a value to a slip that came with a condo unit. You purchased and played by the rules that existed when you purchased.

If the condo association were to change the rules, and that change had a negative impact on your rights, and any perceived value, you would have a legal cause of action.

If any attempt was being made to do that I would inform the association, and also the other owners, that you intend to file suit if they make a change.

Winnielove · 07-19-2022, 09:49 AM

Thank you for the info!

Is there a law we can research about this?

Descant · 07-19-2022, 09:52 AM

Who owns and maintains, installed, the mooring? Whose name is on the permit? Individual or the association?

FlyingScot · 07-19-2022, 09:53 AM

I'd be careful, as the wrath will be directed to you as well as the renters. Maybe offer to the waitlist in general, and take the top name that wants it for this period?

Winnielove · 07-19-2022, 10:22 AM

HOA in their new by-laws took ownership of the hardware under our ball.
We permit the boat every year and receive a mooring sticker (tied to our boat).
They were clever in the new by-laws in doing this.
We have 8 units and three moorings. They now want to try to make a fourth mooring by using 1/2 half of the associations dock which is "common". not sure if it is legal.

Very complicated and we probably will be out voted.

tis · 07-19-2022, 10:37 AM

Thanks for reminding me why I never wanted to be in an association.....

Woodsy · 07-19-2022, 11:06 AM

Not to be "that" guy....

My advice is to get a lawyer! He can best advise of what the HOA can/cannot do when it comes to the moorings. Including taking possession of the hardware!

It might be legally possible to increase the number of moorings... probably get a good answer from Watermark or one of the other reputable marine construction companies.

Woodsy

TiltonBB · 07-19-2022, 11:53 AM

Maybe adding a mooring would help.

If you want to inquire about wetlands rules and what you can and cannot do, like add a dock or a mooring, there is no better person to ask than Darlene Forst at DES Wetlands. She takes phone calls so it is very easy to get answers.

She occasionally posts on this site and steps in sometimes when misinformation is posted.

I have had several conversations and meetings with her about what is permissible on waterfront properties. She has always been knowledgeable and upfront. I didn't always get the answer I wanted but the explanation was understandable.

8gv · 07-19-2022, 02:10 PM

Maybe I missed it but... why do you want to put your boat in a marina and "share" the mooring?

I seems to me that, depending on the bylaws of your association, once you decide to leave the mooring it should be offered to the first person on the wait list.

Are you being offered an incentive to work outside of the waitlist order?

XCR-700 · 07-20-2022, 11:59 AM

Quote:

Originally Posted by 8gv

Maybe I missed it but... why do you want to put your boat in a marina and "share" the mooring?

I seems to me that, depending on the bylaws of your association, once you decide to leave the mooring it should be offered to the first person on the wait list.

Are you being offered an incentive to work outside of the waitlist order?

I must also admit that I dont understand why you would want to consider this.

It sounds like you are setting yourself up for problems,,,

Good Luck either way.

Winnielove · 07-22-2022, 02:09 PM

We don't want to be forced to share a mooring we have had for 25 plus years,
but our association is trying to create a "mooring sharing" program.
I don't know how it will work as there are only three mooring and 8 condo units.

They say that we can put our boat into the marina the times they will transfer
our mooring to another.

No other boats are owned by the other members, I believe the want to have the option to either buy a boat or rent one.

8gv · 07-22-2022, 02:52 PM

Why not cut out the middle man (you) and have the others go into the marina?

Who owns the marina?

Does it have space now?

I would definitely be weary of these developments.

XCR-700 · 07-22-2022, 03:43 PM

Quote:

Originally Posted by Winnielove

We don't want to be forced to share a mooring we have had for 25 plus years,
but our association is trying to create a "mooring sharing" program.
I don't know how it will work as there are only three mooring and 8 condo units.

They say that we can put our boat into the marina the times they will transfer
our mooring to another.

No other boats are owned by the other members, I believe the want to have the option to either buy a boat or rent one.

I think you need to review your association agreement with a lawyer and get professional advice before you end up in a bad situation.

Best of luck, that would be very worrying to me.

thinkxingu · 07-22-2022, 04:40 PM

^ This. You need to know your legal rights AND what the HOA process requires to change policy.

Sent from my SM-G990U1 using Tapatalk

07-19-2022, 08:10 AM	#1
Winnielove Junior Member Join Date: Jun 2022 Location: tuftonboro Posts: 11 Thanks: 25 Thanked 2 Times in 2 Posts	Mooring sharing info We have had our mooring for 25 years after waiting on a list for 7years. New owners that don't want to wait on list, want to propose a sharing of our mooring which we will have to put in a marina during this time. I've seen this subject come up on this site awhile back and people were pretty upset about the new people wanting to do this (sharing). Does anyone have any info regarding this and what recourse we may have? Any advice would be most welcome! By the way, when they purchased their units, it was in full disclosure that there was a "wait list".

07-19-2022, 08:24 AM	#2
LIforrelaxin Senior Member Join Date: May 2006 Location: Texas, Lake Ray Hubbard and NH, Long Island Winnipesaukee Posts: 2,861 Thanks: 1,035 Thanked 892 Times in 524 Posts	So if the procedures for securing a mooring, are spelled out in your condo or Association documents as part of the deed, your safe and new owners I can suggest change and the BOT, can suggest change but the community at large needs to vote on it.... If the mooring and docking rights are not spelled out in the Deed, and are part of a loser"rules" document of the association... then the rules can be changed a little easier.... Not knowing the situation I would say this... If I had a boat I could trailer, and the association had a place I could store my trailered boat, and I knew I wasn't going to be up, durring a period some other resident wanted to be on vacation, and didn't want to put there boat in and out all week, I wouldn't mind being cooperative, so long as the association rules allowed it.And the person "sharing" the morning understood there boat would have to be removed at the end of their vacation.... Just some thoughts and things to think about... __________________ Life is about how much time you can spend relaxing... I do it on an island that isn't really an island.....

07-19-2022, 09:49 AM	#4
Winnielove Junior Member Join Date: Jun 2022 Location: tuftonboro Posts: 11 Thanks: 25 Thanked 2 Times in 2 Posts	mooring sharing info Thank you for the info! Is there a law we can research about this?

07-19-2022, 09:52 AM	#5
Descant Senior Member Join Date: Mar 2006 Location: Merrimack and Welch Island Posts: 4,312 Thanks: 1,329 Thanked 1,615 Times in 1,048 Posts	owner? Who owns and maintains, installed, the mooring? Whose name is on the permit? Individual or the association?

07-19-2022, 10:22 AM	#7
Winnielove Junior Member Join Date: Jun 2022 Location: tuftonboro Posts: 11 Thanks: 25 Thanked 2 Times in 2 Posts	Mooring sharing info HOA in their new by-laws took ownership of the hardware under our ball. We permit the boat every year and receive a mooring sticker (tied to our boat). They were clever in the new by-laws in doing this. We have 8 units and three moorings. They now want to try to make a fourth mooring by using 1/2 half of the associations dock which is "common". not sure if it is legal. Very complicated and we probably will be out voted.

The Following User Says Thank You to Winnielove For This Useful Post:
stingray (07-23-2022)

07-19-2022, 08:57 AM	#3
TiltonBB Senior Member Join Date: Feb 2005 Location: Gilford, NH and Florida Posts: 2,981 Thanks: 688 Thanked 2,190 Times in 926 Posts	There is a value to your assigned use of your mooring just like there would be a value to a slip that came with a condo unit. You purchased and played by the rules that existed when you purchased. If the condo association were to change the rules, and that change had a negative impact on your rights, and any perceived value, you would have a legal cause of action. If any attempt was being made to do that I would inform the association, and also the other owners, that you intend to file suit if they make a change.

The Following User Says Thank You to TiltonBB For This Useful Post:
Winnielove (07-19-2022)

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Winnielove (07-19-2022)

07-19-2022, 09:53 AM	#6
FlyingScot Senior Member Join Date: Jun 2016 Location: Tuftonboro and Sudbury, MA Posts: 2,362 Thanks: 1,262 Thanked 1,015 Times in 626 Posts	I'd be careful, as the wrath will be directed to you as well as the renters. Maybe offer to the waitlist in general, and take the top name that wants it for this period?

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Winnielove (07-19-2022)

07-19-2022, 10:37 AM	#8
tis Senior Member Join Date: Jan 2006 Posts: 6,670 Thanks: 750 Thanked 1,444 Times in 1,003 Posts	Thanks for reminding me why I never wanted to be in an association.....

The Following 2 Users Say Thank You to tis For This Useful Post:
Winnielove (07-19-2022), XCR-700 (07-19-2022)

07-19-2022, 11:06 AM	#9
Woodsy Senior Member Join Date: May 2004 Location: Weirs Beach Posts: 1,964 Thanks: 80 Thanked 978 Times in 439 Posts	Not to be "that" guy.... My advice is to get a lawyer! He can best advise of what the HOA can/cannot do when it comes to the moorings. Including taking possession of the hardware! It might be legally possible to increase the number of moorings... probably get a good answer from Watermark or one of the other reputable marine construction companies. Woodsy __________________ The only way to eliminate ignorant behavior is through education. You can't fix stupid.

07-19-2022, 11:53 AM	#10
TiltonBB Senior Member Join Date: Feb 2005 Location: Gilford, NH and Florida Posts: 2,981 Thanks: 688 Thanked 2,190 Times in 926 Posts	Maybe adding a mooring would help. If you want to inquire about wetlands rules and what you can and cannot do, like add a dock or a mooring, there is no better person to ask than Darlene Forst at DES Wetlands. She takes phone calls so it is very easy to get answers. She occasionally posts on this site and steps in sometimes when misinformation is posted. I have had several conversations and meetings with her about what is permissible on waterfront properties. She has always been knowledgeable and upfront. I didn't always get the answer I wanted but the explanation was understandable. Last edited by TiltonBB; 07-19-2022 at 01:44 PM.

The Following 2 Users Say Thank You to TiltonBB For This Useful Post:
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07-19-2022, 02:10 PM	#11
8gv Senior Member Join Date: Jan 2012 Posts: 2,080 Thanks: 63 Thanked 722 Times in 471 Posts	Maybe I missed it but... why do you want to put your boat in a marina and "share" the mooring? I seems to me that, depending on the bylaws of your association, once you decide to leave the mooring it should be offered to the first person on the wait list. Are you being offered an incentive to work outside of the waitlist order?

The Following User Says Thank You to XCR-700 For This Useful Post:
Winnielove (07-22-2022)

07-22-2022, 02:09 PM	#13
Winnielove Junior Member Join Date: Jun 2022 Location: tuftonboro Posts: 11 Thanks: 25 Thanked 2 Times in 2 Posts	Mooring sharing info We don't want to be forced to share a mooring we have had for 25 plus years, but our association is trying to create a "mooring sharing" program. I don't know how it will work as there are only three mooring and 8 condo units. They say that we can put our boat into the marina the times they will transfer our mooring to another. No other boats are owned by the other members, I believe the want to have the option to either buy a boat or rent one.

07-22-2022, 02:52 PM	#14
8gv Senior Member Join Date: Jan 2012 Posts: 2,080 Thanks: 63 Thanked 722 Times in 471 Posts	Why not cut out the middle man (you) and have the others go into the marina? Who owns the marina? Does it have space now? I would definitely be weary of these developments.

The Following User Says Thank You to 8gv For This Useful Post:
Winnielove (07-25-2022)

07-22-2022, 04:40 PM	#16
thinkxingu Senior Member Join Date: Jul 2014 Posts: 6,188 Thanks: 1,165 Thanked 2,043 Times in 1,266 Posts	^ This. You need to know your legal rights AND what the HOA process requires to change policy. Sent from my SM-G990U1 using Tapatalk