hoa wants me to sell boat

7 Replies

the HOA wants me to sell my boat. Can they do that?

Rent space for it in a storage yard or in a marina. Or put it in your garage. All they really want is for you not to store it however you're storing it.

Jon Holdman, Flying Phoenix LLC

i'm currently parked on my driveway off the side walk. is that fine?

What do the HOA bylaws say?

I've seen HOA's that don't allow boats in driveways, but no one here can answer your specific question without seeing the bylaws associated with your HOA.

As Jon K. said, the HOA can't make you sell your boat, but they can require you to move it.

I wouldn't be surprised if the HOA sent you a letter saying you needed to "get rid of the boat". Its entirely possible the HOA has rules against parking boats (or RVs or trailers or inoperable vehicles) on your driveway. They can make you sell, but they can make you get it out of any location where they forbid boats. The probably can't actually tow it away, but they can fine you if you don't move it. If you don't pay the fine, they can place a lien on your property. If you still don't pay, they can foreclose and take your property. Move the boat.

Jon Holdman, Flying Phoenix LLC

The only way the HOA could force a sale of your boat is if you owe the HOA money, the HOA obtains a judicial judgment against you, levies a writ of execution on your personal property, forces an auction of your boat to satisfy the judgment, there is no statute that somehow disqualifies your boat from execution to satisfy a judgment, you have enough equity to exceed any value of the boat that is exempt from collection, and the remaining value makes it financially feasible to do so....

Now, as to what the HOA can do - get copies of ALL of the governing documents, and have an expert review the documents to determine if you are violating any of the governing documents. If you are violating the governing documents, the HOA very well may be able to haul the boat away and fine you at the same time (AND you will have to pay fees to get the boat back from the storage lot.) If you are NOT in violationg of the governing documents, then you may be able to keep the boat there, but be prepared to have a fight on your hands and pay money anyway. You are probably better off taking the boat to a proper storage facility immediately and without question....

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