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We are in a home owners condo association on a bayou in

Michigan. One owner is planning...
We are in a home owners condo association on a bayou in Michigan. One owner is planning on putting a floating dock on our bottom land on the water (bayou). some of us are against this. How can we prevent her from having her own dock for her own use and not allow other members of the condo association to have access.
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Answered in 1 hour by:
3/26/2018
Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 1,231
Experience: Real Estate Attorney with over 25 years experience
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I recommend that your association hold a special meeting and address this issue on the agenda so it can be voted on by the owners. Do the majority of owners disapprove? Are there any association documents that prohibit it? If not, an amendment to the bylaws or regulations may be warranted.
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Customer reply replied 29 days ago
A follow up question. I take it that if we do not have the bylaws in place to prevent this ( her putting a private dock on home owner’s condo association land) that we cannot stop her from placing a private dock on condo bottom land. Is that correct?Two of the condo assn members are out of state, could we get something from the court to have her cease and desist until we can have a assn meeting?
Customer reply replied 29 days ago
I found the following in Article IV of the Master Plan, Art IV - " each co-owner in the condo project shall have an exclusive right to occupy his unit and shall have undivided and inseparable rights to share with other co-owners the use and enjoyment of common elements. "If one co-owner has her own private dock for her and her spouse's exclusive use, does this violate Art !V of the Master Plan?It is my opinion that a private dock to be used only by one co-owner violates the undivided and inseparable rights to share with other co-owners the use of common elements since the dock would be placed on the bottom land of the condo assn. which is a common element. How do you interpret Art IV as cited above. Please advise. Thank you.
B. Hess
if it is built on common area property - it cannot be for the exclusive use of one owner. The board or other governing body for the Association must cite them in violation of the master plan and impose fines, if available to do so under the association docs.
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Customer reply replied 28 days ago
Thank you, I agree with you but want to confirm that, when you were making your legal opinion, you considered that this prospective dock would be a floating dock that would be placed on condo bottom ground. Again, thank you.
I am assuming that the floating dock is still on property that is deemed common area under the master plan. If it is not property owned exclusively by the unit owner under the dock, it can be used exclusively by the unit owner.
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Customer reply replied 28 days ago
LORI, hopefully, this is the last question. In your most recent response, you indicate
“If it is not property owned exclusively by the unit owner under the dock, it can be used exclusively by the unit owner.”Did you mean to write — if it is not property owned exclusively by the unit owner under the dock, it can NOT be used exclusively by the unit owner? Otherwise, your response infers to me that the unit owner can use the property that is not exclusively owned by her. Please clarify. Thank you.
Sorry, my typo.
Yes, I meant --"it CAN NOT be used exclusively by the unit owner"
Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 1,231
Experience: Real Estate Attorney with over 25 years experience
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Lori
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