"Home Advantage" Takes on New Meaning with Condo Marinas
Is your condo taking unfair advantage of marina facilities?

By Bob Sherman
Posted Monday, January 18, 2010

 
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I moved to my Hallandale condo in 2001 because it had a marina that charged only $100 per month for dockage. I thought that the fee was reasonable since it was less
than what I was paying at a municipal marina.

But I soon learned that as cheap as it seemed, the amount was twice as high as the association's cost of operation. Based on an informal survey I conducted of condos from Aventura to Delray Beach, the fee was also one of
the highest in the area.

My condo documents state that the association can charge a reasonable rate. And it appears that the board determines what's "reasonable."

Rates first went up in 2004. Today, my former $100 slip costs $270. Several other condos in the area that I've surveyed have also doubled their rates in the past few years - for no apparent reason other than they can.

Virgil Rizzo, Florida's first condo ombudsman, agreed that reasonable fees should be decided by costs incurred.

My condo board would not even speak with him. At another prominent Hallandale condo, documents call for all marina revenue to be used only for the marina. But the board uses it for all
common expenses. A boat owner I know living at another local condo requested that some boards be replaced on the dock. He was told there was only $2,000 in the budget for repairs, even though the slip owners paid in
over $40,000.

Now before you think that deeded slips are better, look at the documents carefully. Slips at the second condo mentioned above share a piece of the total common expenses. If the building needs a new roof, the boat owners
pay. They also pay the real estate tax on a 20 by 40-foot parcel of submerged land.

Last year Broward County passed a manatee fee for all marinas with five or more slips. Apparently manatees were surveyed and the Broward County Commission determined that they do not frequent single-family homes with
only one dock. I guess I should be thankful I don't live in California. The manatee's cousin, the sea lion, not only stinks but also can climb aboard boats.

The manatee fee for my marina was $540 last year. The board, for reasons that are still "classified," decided to bill the marina tenants for this fee. Based on our 1,090 units, this would amount to 4 cents per month for
all residents. Naturally, every time I ride the elevator, I meet a neighbor who thanks me for saving him the yearly 48 cents.

I contacted several friends at neighborhood marinas and none of them were billed individually for this fee. Their directors are missing out on a golden opportunity.

Naively, I then looked to the Florida Department of Business and Professional Regulation for assistance. They don't even think my marina is a common element. They don't know what it is. They only know what it isn't.

Having given up on reasoning with the board, I am now looking to the Florida Legislature. Barring two exceptions, which I propose eliminating, Florida statutes say that the fee for someone's exclusive use of a common
element or association property should relate to the cost of that person's exclusive use. After all, most condos are not-for-profit.

This does not only apply to marinas. Our condo charges $350 to use the social room. They also bought a gallon of white paint and painted stripes 2 feet apart in a corner of the garage and rented the spots for $45 a month
for motorcycle parking.

Those who agree with me should call their state representatives and ask them to support the Bob E. Sherman Amendment.

Forget that you paid $1,000 a month for your slip in New York or that it would cost $100 to park your HOG at public storage.

Dorothy, you're not in Kansas anymore.