Infringing bylaws (HOA, insurance, condominium)

[fedup200]

My question concerns a marina hoa. Specifically a requirement added on this past year.
Basically it concerns insurance coverage and the power of the hoa deciding what actions it could take.
My boat insurance meets all the requirements of the mandated minimums for liability. My policy has a "layup" clause which states that a layup period for two of the twelve months namely Feb and March is a lay up period.
These months are usually time when boating for us is not comfortable and we are not out cruising.
Bear in mind that after consulting with my insurance company at no time does my liability coverage lapse during this layup, the boat can remain afloat and not be required(by the insurance company) pulled and placed on the hard. The only thing that would be in jeopardy would be that if I do damage to my own vessel there would be no coverage. All other coverage remains in effect.

The marina association has now placed into the bylaws that if your policy has a layup period your boat must be removed from the marina, (I own my boat slip).

I fail to see what legal basis, or grounds, gives the association the right to make such a requirement.

[goldenage1]

Originally Posted by fedup200

The marina association has now placed into the bylaws that if your policy has a layup period your boat must be removed from the marina, (I own my boat slip).

I fail to see what legal basis, or grounds, gives the association the right to make such a requirement.

I can only suggest reading through the by-laws for the procedure to change the by-laws. The HOA may have written in that they have the unlimited right to change the by-laws any way they want to. If so, the HOA can make such an demand on you, but I agree that it sounds unreasonable to ask you to remove the boat.

BTW, is your slip owned as part of a condominium? Or is it owned like a piece of land? This might make a legal difference.