Neighborhood/Community Dock Associations

[Adverse]

Actually, this is about community docks, but I chose the subject because other types of Associations may be relevant.

We own a slip in a Community Dock on Table Rock Lake. It has never had bylaws or been an association officially. There is talk of doing that.

We are not favored by those wanting to form bylaws.

Can stuff like that, others gaining control over our property, be done without our consent, say by simply getting a majority vote of the slipowners, which they could easily do, since the ones trying to gain control own the majority of the slips?

If we simply refuse to particpate, are we still bound by their decisions?

 

[Michael Wechsler]

What is contained within the paperwork? Impossible to say what is going on without seeing it...

Actually, this is about community docks, but I chose the subject because other types of Associations may be relevant.

We own a slip in a Community Dock on Table Rock Lake. It has never had bylaws or been an association officially. There is talk of doing that.

We are not favored by those wanting to form bylaws.

Can stuff like that, others gaining control over our property, be done without our consent, say by simply getting a majority vote of the slipowners, which they could easily do, since the ones trying to gain control own the majority of the slips?

If we simply refuse to particpate, are we still bound by their decisions?

 

[Adverse]

Like I said, it is just in the talking stage. When I see it, if I remember, I will come back here.

Going by others in the area, it would be stuff like being able to determine who we can sell our slip to, by having sales approved by a vote of all the slipowners. There is a desire to keep those who do not live on our point from owning in the community dock. We have one owners who does not live here and they have been made uncomfortable enough that they wish to get out.

Some of our owners are envious of some of their friends who live in the equivalent of "gated communities", owners-only subdivisions with covenants and restrictions. Our subdivison is not one of those, and never will be.

That's how things work here, by shunning, harassment, and intimidation until folks give up and move on. In the seven years we have owned here, of the ten houses on our point, five have sold and two are for sale now.

We have neighbors who have nothing better to do than to tell everyone else how to live their lives. It could include stuff like how many guests we are allowed to have. I've heard talk of a sign-up, to control the number of people showing up for holidays.

Our objection is that bylaws would be/could be used to harass people that are out of favor, which we are because we do tolerate the bullies. Our attitude is that if they want rules, covenants, restrictions, etc., then they are the ones who need to move.

We bought our house at the lake, our boat, and our slip, to enjoy, to use as we see fit, within reason, without unreasonable restrictions placed upon us by an unscrupulous vote organized by back-stabbers. The old farts that run things do so by recruiting support through intimidation and harassment, behind close doors, through lies and innuendo.

We have to rebuild our dock and those in charge will not open the research. They are going to decide what we want, recruit the support for their position, and then call a meeting once they have the votes they need. They have always worked that way.

Of course, it would also cover stuff it should cover, like the paying of fees, safety rules, and so forth.

FWIW, we are trying to get our own, private dock, which is quite an ordeal on our lake because of the Army Corps of Engineers policies.

In the meantime we have transferred ownership of our slip to my wife's brother. The old fart will have a cow when they find that out.

But, the original question was, "Can the other slipowners enact a set of bylaws without our approval, on something we have owned for seven years, without bylaws, and then enforce it?"

Is that enough?

 

[Adverse]

This is really about problem neighbors.

It occurred to me that this is not really about associations, it is about problem neighbors.

I have tried to study the law as it pertains to neighbors, but all I ever find is stuff about property lines, trees, noise, etc.

Is there a body of law that deals with problem neighbors, those who think they have the right to tell you how to live your life, who insist you be like them, think them, and when you aren't they run around to other neighbors spreading false gossip about you, agitating, stirring the pot, keeping the neighborhood on edge, bullying, confronting, shunning, forming alliances, insisting that they be privy to your confidential information and then sharing it with others against your wishes, being hateful until they run you off, as they have others?

Yeah, that's what this is really about. Old farts that have nothing to do but meddle and make your life miserable. All we want to do is put an end to it.

I've seen many stories about mean, hateful, pushy, nosy, bullying neighbors, but I've never seen how any of them were resolved.

There was a guy who drank too much in our neighborhood back in the city, whose wife left him, and he felt some of the neighbors sided with her. He would confront folks, pound on their doors at night, stuff like that. A night in jail put an end to it. But, it is so uncity-like here that we never even thought of a similar problem here.

We are in the Ozarks and our problem is that some of the neighbors are not from here. They are from areas like southern California, or from the city, and they think they are superior to the local hicks, so they boss everyone around. Then we have the typical lake problems, lakefront owners thinking they rule the world, own the lake and everything around it, and are superior to "non-professional" folks who own across, or down, the road.

My wife and I are very tolerant. We feel everyone has the right to live and think and do what they want, as long as it does not interfere with others' right to do the same.

There is no question that certain of our neighbors have prevented us from the "quiet enjoyment" of our home and the lake, as they have others before us.

 

[freebird]

You have a very complex case. It would involve someone looking over the documents and those would likely be voluminous. I wish there was more someone could say.

There are frequently problems with homeonwners associations and the ridiculous bylaws they create. However, I do not believe that they can do something that is solely discriminatory against your property and that they would have to live with their own restrictions as well.

If you have problems with defamation, then that is a cause of action. It may be difficult to prove. The other items about not acting nicely... well... it's their right not to associate with their neighbors. That's why it's your choice where to move and if you want to sell. Not everything is unfortunately resolved in the way it is satisfactory. I hope that your new strategy will make them come to terms! Good luck.

 

[Adverse]

First, there are no documents now, no written rules, no bylaws, no incorporation of an "association, etc. One guy has been dockmaster, kept the books, made the rules, handled the money. Just for the record, 1/3 of the money collected in annual dock fees goes to him, for "moving the dock."

My question is can such a group, even democratically, by majority vote, have their way with us, and enforce their will against our wishes, when at the point in time we bought our share in the dock, and for seven years since, there has been no such asssociation, bylaws, or rules.

Coincidentally, your reply appropriately came on the day the three now in control, with their votes, called their meeting (with one day's notice), to get the rubber stamp from the others, to proceed with their pre-arranged-behind-closed-doors plans. And two days ago, the biggest agitator confronted my wife, and said hateful things about me.

My wife had already planned on being out of town, and we do not conduct business separately, so I did not go. The last meeting, last Fall, when all this started, was intentionally set on a day my wife and I were to be out of town. Both last Fall and yesterday, after a making a couple of phone calls, I discovered that what I was told about the outcome was not what actually transpired.

The others are made up of those who own slips formerly owned by people who have already been run off, which you alluded to. We are the last of those who have been abused.

Not mentioned in my current thrread is that I have spent the last year getting our road turned over to the County. It is something that should have been done 15 years ago, or any time since, but no one thought it could. I have had to get the county to approve it, raise $60,000, and deal with 27 neighbors, and all of the special requests that go along with that.

So, it is not like I am not a "good-doer."

Except for the three hateful neighbors here on the point, who also have the conflict of being in the same dock, the others have been fine to work with. But, you have to keep in mind that all three of those who have turned against me attempted to get the road turned over to the county before me . . . and reported back to the neighbors that it could not be done.

Thanks for your reply.

Life goes on.

 

[Adverse]

To make this clear, in our 10-slip dock, one of the three who are conspiring bought out an ownerwho was unhappy, so the three evildoers now own 6 of the 10 slips.

One of them has called me twice in three days for our rebuilding money ($7000), and hit me up twice again when I called him to ask questions. The only thing the three care about in regard to my wife and I is getting our money. I found out the dock builder is being paid in increments, 30/30/30/10, but the three want all of everyone's money upfront. I doubt that the three of them will put their $14000 in the dock account upfront.

In the road project, one of them, the present dockmaster, paid his share 3 months after we paid ours.

They are running the rebuilding money ($70000) through the same account that has been used for operating funds, with one of the three guy's wife, and some other, no-longer-around people, being signatories.

I learned today that once they get our money they are going to set up the new bylaws. The guy that has been talking about the most abusive and restrictive rules is going to be the new dockmaster. Despite the fact that there are 10 slips, the rules will be whatever the three decide, unless I discover that previous owners can be "grandfathered" in, and only new owners be governed by the new bylaws.

For our share I called the dock company and made arrangement to pay them directly, which we will do by credit card.

So, if those in charge lose money, or if the dock builder does not deliver, my wife and I are covered.

And, we were the first to "take care" of our share.

Oh yeah, while I was googling this problem this problem this morning this thread showed up.

 

[Adverse]

Oops. The Boys In Charge Screwed Up!

The group that has taken over control of our community dock screwed up.

We have to rebuild it and they did what they always do, decided what they want done, entered into a contract for $70000, and paid the dock company $20000 upfront. They did this figuring they would do what they always do, threaten and intimidate whoever they needed to to get them to go along.

Frankly they thought all they needed was the majority they always need to do what they want. That's why they bought out an unhappy owner, so that they owned 6 of our 10 slips.

My wife and I didn't know anything about it. We didn't give anyone permission to conduct business on our behalf, couldn't attend their meetings--held simply to rubber-stamp their backroom planning, and definitely gave no one permission to involve us in any contracts.

The other neighbors, new in the dock, naievely went along just to "be good neighbors."

Then last Tuesday, after we refused to go along, when the boys when to the Corps to find out what they could do about us, they found out rebuilding plans require unanimous approval, so, oops, there went our neighbors $20000.

We have been warning our neighbors about their careless, unprofessional business conduct for 7 1/2 years.

Gloating and humility are sometimes difficult traits.

Can someone say "private dock"?

Good luck boys.

 

[Adverse]

Now they are openly disobeying the order the Corps gave them and civil laws.

19 days ago to Corps told them that it took unanimous approval for the rebuilding plan, and told them to contact my wife and I to work it out. They have not.

The Sheriff is on notice about the situation and had to come out 11 days ago, twice, to get our drunken dockmaster back to his house. He had been standing in the road for the better part of an hour, staring at our house and spitting on our property.

After that I called the other neighbor who is involved with taking charge of our dock, to ask him to keep his "side" under control.

He yelled at me over the phone, saying they did not care about the Corps rules or about laws, that they were going to do whatever it takes to us to get what they want. He is a retired police captain--we assume he played the "bad cop" part.

We can hear them talking about us, the things they will do to us, as they sit on their decks drinking beer.

To flaunt the Corps they weedeated the bank where the dock is, something the Corps Ranger told them never to do again.

We feel like we are in Dodge City and the Marshall is out with his posse right now, so no one is around to enforce the law.

Both the Corps and the Sherrif know what is going on but are not stepping in, so we are just at a loss.

Old retired farts behaving badly for sure, but they are telling everyone it is us who's at fault.

We heard them last night sitting around their bonfire, saying about us, "They are up to something . . . They may be getting a new home and just letting our dock go."

If it makes any difference, slips are worth $20000-$30000, so that is not the case!