If your boat is docked at a condo marina you maybe be the victim of the Condo Commanders. Most condos are reasonable when it comes to setting rates for rental of marina slips. However, they can legally charge anything they want in many cases. The Olympus and the Golden Horn in Hallandale, both have language in their documents stating that the association can charge a “reasonable” rate. The first thing that comes to my mind is why the attorneys, who drafted the documents, would use such vague language if not to perpetuate their existence. The term reasonable in not defined in the Statutes or by case law. Your condo board is the sole determiner of what is reasonable. This has to change.

FS 718.115 (2) states that funds for payment of common expenses shall be collected by assessments in the proportions provided for in the declaration, except as otherwise provided by this chapter. I can’t imagine under what circumstances it would be fair to use another method. The only reference I could find to another method is FS 718.111 (4) regarding use fees for common elements. The exceptions to the cost rule in 718.111 (4) allow the association to charge a use fee for an owner’s exclusive use of a marina slip, social hall, parking spot or any association property without limits. The current law is not fair and results in the owners using association property on an exclusive basis potentially paying far more than their proportionate share of the common expenses.

I believe the intent of the law was that when an owner uses a common element on an exclusive basis he should bear the cost associated with his exclusive use. It is neither fair nor equitable to expect those owners to pay more than their fair share of the common expenses.

When I recently spoke at a Broward County Legislative Delegation public hearing I peeked the interest of Rep. Ellyn Bogdanoff. Her Legislative Aide, Aaron Nevins, approached me and stated that I was raising an interest question. After “running the idea up the flag pole” he has decided that it is okay for an association to make a profit on use fees and support the rest of the condo owners. I strongly disagree. He further stated that many condos auction off the marina slips to the highest bidder. He could not give me the name of any of these condos and none of the 15 condos I surveyed from Aventura to Delray Beach use such a system.

I propose eliminating the two exceptions to basing use fees on cost in FS 718.111 (4). My suggested amendment to the statutes, which I am calling “The Bob E Sherman Amendment,” is fair and equitable. If you feel you are a victim of the Condo Commanders contact your representative and tell them you want the Bob E Sherman Amendment passed. I doubt that the Olympus Association in Hallandale is the only rogue board, so lets here from you if you are paying one cent more than the cost.