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RI - Eating More Vegetables
Earlier this summer, in Huggins vs Billington Cove Marina (CA NO. WC 2014-0492), a Rhode Island Superior Court Judge held for a condominium association in requiring unanimous approval of unit owners for a change in use from recreational to commercial.
Briefly, Billington Cove Marina Condominium is a dockominium consisting of 40 boat slips located on Billington Cove on Point Judith Pond in South Kingstown, RI. The marina’s declaration limits the use of its slips strictly to “marina uses,” which is further defined:
“The use of the Marina Unit for the storage of gear and personal property commonly associated with boat use, and the use of the Marina Slip for the mooring and securing of pleasure boats, of a private, recreational and non-commercial nature …” “Specifically prohibited uses are the mooring and securing of commercial fishing vessels such as trawlers, draggers, lobster boats, long liners, deep sea party fishing boats, and the like. However, commercial charter sport fishing vessels (but excluding charters carrying more than six (6) passengers) if kept in a clean, neat, and odor free condition are permitted.”