Robert M. Meisner: Seniority in slip assignments needs knowledgeable lawyer

Stephanie Shomin, The Record-Eagle, Traverse City, Mich.
·2 min read

Jul. 19—Q: Our lake association has access to 14 boat slips and the association has the right to assign these boat slips on a seniority basis.

The question has come up as to whether a new purchaser can step into the shoes of the seller in regard to seniority and if not, they are threatening litigation.

The documents were not drafted to deal with this situation. What do you think?

A: While it may be obvious that you need updated documents, it would appear from the facts, as you depicted, that a new purchaser would have to go to the end of the line in terms of seniority unless there is something else in your documents that allows him to step into the shoes of his seller under the enabling documents.

There should be a rule or regulation promulgated by the association to deal with all issues concerning the use of the lake and the boat slips and it may be necessary to incorporate them in the restrictions and bylaws depending on whether it is a condominium or HOA organization.

There are becoming more and more fights about the use of boat slips and how the assignment of them should occur. Get your document amended with the help of a knowledgeable community association lawyer.

Robert M. Meisner is the principle attorney of The Meisner Law Group, based in Bingham Farms, Michigan — which has provided legal representation for condominiums, homeowner associations, individual co-owners and developers throughout Michigan, including Grand Traverse, Leelanau and Emmet counties, for nearly 50 years. His book "Condo Living 2: The Authoritative Guide to Buying, Owning and Selling a Condominium" is available at www.momentumbooks.com. He can be reached at 800-470-4433 or bmeisner@meisner-law.com. Visit the firm's blog at www.meisner-law.com/blog.