Homeowner Association Regulation of Docks on Public Lake

[Lakeshoreowner]

Jurisdiction

Minnesota

I am on an Architectural Control Committee of a HOA. Some of the properties in the HOA border a public lake. Some on the committee want to make rules stricter than the state (DNR) rules pertaining to design of docks (ie dimensions, style/type, etc). However, the lake is 100% public. The CCR language says that the Association can regulate "the Lots and improvements thereon". There is nothing in the CCRs about regulating the lake, only the Lots. The plats for the properties in the Association (common and private) do not include the lake. Riparian rights for this particular lake do not extend property ownership past the water's edge. I have doubts about whether we can make and enforce rules on public property (the lake) when the Agreement with our members (the CCRs) does not include the lake and the members' title deeds do not include the lake bed. My inclination is to say we can only regulate any portion of the dock that might overhang onto the Lots and we can regulate off-season storage of docks on shore but we can't regulate physical design of the portion of a dock sitting in the public lake. Thoughts on this?

 

[army judge]

Thoughts on this?

I think your thoughts are spot on.
You might wish to advise these zealots about Minnesota's Department of Natural Resources.
A private enterprise has no legal ability to enforce clean water standards.
In your state the regulation of public lakes belong to the MN-DNR.
However, as MN-DNR admonishes:
Important: Other approvals may be required from federal, state, and local units of government, including the U.S. Army Corps of Engineers, watershed districts, water management organizations, counties, townships, and cities.
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Water permits answers: Minnesota DNR
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This is one way to contact them: info.dnr@state.mn.us

 

[mightymoose]

Your reasoning sounds good to me