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c9pilot

Need advice: How to Remove Boat Violating Land Lease

c9pilot
12 years ago

Okay, this is a wacky one, but I'm hoping that maybe someone on this forum has some insight, because our lawyer seems to be on the violators side, for some reason.

As short as I can make the story: Most of the condos have deeded boat slips, which are allowed via submerged land lease (I think this is just a Florida thing, and is different from single-family homes on the water) DEP wrote up condo assn for violating the submerged land lease because a few boats were sticking out past the pilings. Condo board asked for review arguing that they didn't think the pilings were at the edge of the leased area, so the boats were inside. Turns out to be bogus because the boats were owned by board members who approved too-big boats in those slips (CYA). After a year of arguing with DEP, all the board members resigned, and it went on another year when finally it was resolved when new board members and concerned owners allowed the violaters to use their larger slips free. (I allow a boat in my slip free so that owner could let a boat in his slip which was larger)

DEP came and acknowledged that we were back in compliance and we all thought all was well, until last weekend when one of the former board members decided to move his boat back into his smaller slip without telling anyone, and then mailed a letter to DEP to announce that the condo assn was once again violating the land lease (!?!?!!?). DEP says they are tired of dorking around with this for three years, so we have 30 days to comply or they will recommend to Tallahassee that they revoke our land lease. Needless to say, this would devalue our properties to 1/3 of their value (I know this because of the values of the non-deeded-slip condos in complex)

So, does anybody know how we can legally, quickly, evict a boat?

It should be like towing an illegally parked car, but I'm pretty sure it's not, because then we wouldn't have a problem with derelict boats in the area. Our lawyer is supposed working on it, but she seems to believe everything his lawyer is telling her, and she's supposed to be the best around on this land lease stuff. So we're just trying to do research ourselves to see if there is anything we can do.

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