Private ferry

[AgentJane]

Jurisdiction

Washington

I currently live on a small island that has a private ferry that is owned equally by all the owners of the island. The subject of proof of vaccination to ride the ferry has come up. Can the HOA board impose a proof of vax rule when all share equal ownership of the vessel? This is the only transportation for many owners to their homes. Now unvaccinated owners (due to medical/religious reasons) will have no way to get to their homes if this happens.

 

[OldSurveyor]

Did the HOA impose this rule without a vote of all members?

 

[flyingron]

Did the HOA impose this rule without a vote of all members?

It's not necessarily required. It matters what the association bylaws and other documents say. Best suggestion is that you see an attorney. If there are other like-minded residents, you can band together to split the costs.

 

[retic]

Read your CCR's and see what they say about whether or not a vote from the full membership can override a decision made by the board. Back when I was unlucky enough to live in an HOA community we had to do that with an out of control board until new board members could be elected.

 

[adjusterjack]

Can the HOA board impose a proof of vax rule when all share equal ownership of the vessel?

My guess is that the board has at least an implied (if not express) duty to consider the safety of all of the island dwellers.

Now unvaccinated owners (due to medical/religious reasons) will have no way to get to their homes if this happens.

In case you haven't been paying attentions, courts all over the US have been routinely upholding vaccine mandates. Even the US Supreme Court has declined to review lower courts' rulings that uphold the mandates (I think 3 or 4 times now).

9000 un-vaccinated NYC employees were placed on UN-PAID leave a few days ago.

68% of the US population have received one dose. 59% have been fully vaccinated. A majority in both cases. Statistically, small groups tend to mirror large groups so it's unlikely that you'll get enough votes to over-rule a vaccination mandate.

What then? Litigate? A minority of owners will have to come up with $10k to $20k for attorney fees. HOA defense costs will come out of HOA funds. When there's no more money to repair or fuel the ferry, nobody gets off the island unless they have a boat.

Most medical/religious reasons of the anti-vaxxers are as bogus as the emotional service animals that just make people feel good.

 

[army judge]

The virus known as Covid kills.

Time to make a pragmatic choice.

 

[zddoodah]

Can the HOA board impose a proof of vax rule when all share equal ownership of the vessel?

Can it happen? Sure. Is it legal? Depends on the details of the HOA's governing documents (or the governing documents of the entity that actually owns the ferry, if there is a separate entity from the HOA).