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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118077
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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We own a deeded boat slip in SC which sits behind some

Customer Question

We own a deeded boat slip in SC which sits behind some condo's. We own a whole in the water only. Can they charge HOA dues when no structure is owned?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The problem with an HOA and Condo Association is that the laws allow them to be autonomous and run through their declarations and bylaws. So if they have bylaws or covenants that say that boat slip owners are liable for dues or fees, because those owners have access to common areas as well, then the association can insist those owners also pay dues. This is a matter that is entirely left to the associations to set and regulate.

If you object to the charges, the only recourse you have is to go before the board and appeal the charges based on them inflating the value of the slips and ask them to reduce the payments. If they refuse, then you can file a petition for declaratory judgment in the court to ask the court to decide if the association is being arbitrary and capricious in not properly valuing the property for assessment of dues.