Originally Posted by ArmyChief
Did any monthly fees, maintenance
if any incorporated into your return?
Not to mention that money
is now tied up in a non-liquid asset
Army Chief I forgot to add the taxes in but did include the other items. In California
that would add up to $550 a year.
I agree with you guys about Condo Nazi's etc. The marina in Emeryville is a different type of condo. It is a condo development of slips. There are no buildings associated with it. I am sure that this is better then condo buildings if for no other reason that there are not a bunch of people sitting at home all day wanting to enforce the rules. Nonetheless it still is a condo and you have the problems of people and rules.
Here is what happened tome a couple of months ago:
The marina where I keep Ohana is next to a Condo Association. I went out for a three day sail the other day and when i came back the security
officer of the Home Owners Association started asking me a bunch of questions. He told me that it was against the HOA rules for me to stay on my boat. I told him that the contract
that I had with the marina did allow me to stay on the boat and that if he needed to prove it to me that I couldn't stay on my boat. He looked around in his truck and asked me to wait. I told him that I was busy and was not willing to wait. He took off and I went to pack up to leave. Maybe a half hour later I had a knock on my boat and a police officer was asking me who I was. I was very polite to him and gave him my name. He told me that the Security
Guard from the HOA had a problem with me being on my boat. I explained to him that I was quite confident that I was well within the rights of the contract that I had signed to rent the berth from the Marina.
I tried to connect to with the Marina manager but was not able to get in touch with him. The officer asked the general manager of the HOA to come down and explain what was going on. The HOA GM explained that the berths were all leased to the condos and that I was not supposed to be there. The officer asked me if I had a copy of my contract and luckily I did. After reading the contract the PO said that I was legal
and the GM started trying to bully me into giving him a copy of the contract and my key saying that I would not b e allowed to enter or exit thru the condo association gate which I need to do to access my boat. I would be trespassing. I negotiated with him for a while but ended up telling him I would give him the key after I had loaded up my vehicle b/c we were leaving the next morning. I also said that I would email
him a copy of my contract. I gave him the key but decided not to give him a copy of the contract. After talking to the Marina manager I also found out that the Marina actually has ownership
of five feet of the walkway and that the only place that I would need to walk on their property was the gate.
As it turned out the Marina Manager decided to sue the HOA. Ain't that California
. He going to file for a temporary injunction allowing us use of the gate and some other legal
mumbo jumbo. It turns out that the HOA wants to own the Marina and is trying to squeeze the Marina out of business so that they can buy it real cheap
. It put a damper on the last night of our vacation
but it wasn't horrible. I held my ground and the PO was real nice and listened to both sides of the argument. I didn't have the amo that I needed to fight the gate and key issue but next time I go down there I sure will.
Talk about a waste of money. The Marina ended up suing the HOA. The Marina had to do it b/c the HOA had changed the locks and cut off access to the marina.
Here is part of an email
that I sent to a friend, "I just got word that the Home Owners Association and the Marina went to court and the Judge was not very happy with the HOA. The outcome was that the courts granted a preliminary injunction against the HOA – meaning that the HOA has to grant us access and give us keys. From what Jack Cunningham told me the HOA made some outrageous claims such as “The Marina owns those boats and is renting
them out for weekends running a hotel
.” Well this is very far from the truth and the HOA didn’t have a shred of evidence to prove their case. There are two hurdles that have to be met in order for the Judge to grant a preliminary injunction 1) There needs to be preponderance of evidence supporting the Marina’s case. And 2) there in no undue burden on the HOA. The Marina was required to post a bond for any damage to the HOA property caused by us “unruly” boat owners but the Judge required substantially less then the HOA had requested. They are still going to go to court and the Marina is going to be going after damages. Hopefully Larry Peterson
will be asked to resign from the board after a judgment against the HOA ends up costing the homeowners money. I feel sorry for the owners of the condos but I guess they should have voted Larry Peterson
out of office. The rekeying of the locks was not a very good idea by the HOA it just ended up costing them money and now they have to give us keys again."
Sometimes justice does prevail. I hope that the HOA manager (Larry Peterson) takes some personal liability for this.