Today I asked Claude what the criteria should be for a boat rental agreement for a Florida-based condominium association.

For a Florida condo association, a boat slip rental agreement should cover: the slip’s status as a common/limited common element under Ch. 718 (not a conveyance of title); term and rental fee/deposit; an eligibility and application process for both owners and renters; vessel registration (Ch. 328) and liability insurance (typically $300k+ with the association as additional insured); use rules addressing no-discharge/pump-out (DEP Clean Marina), manatee zones (FWC), no-liveaboard, storm securing, and no commercial subleasing; maintenance/repair allocation; indemnification and assumption of risk; default/termination tied to assessment delinquency; the board’s reserved rights to reassign slips and amend rules; and dispute resolution/attorneys’ fees under §718.303 and §718.1255.

The draft I built works both requests into Article 4: Section 4.2 lets a unit owner request assignment, transfer, or reassignment of a slip; Section 4.3 lets a renter of a unit request slip use, subordinate to owner priority, contingent on the owner’s written consent, and automatically tied to the lease term. Two application exhibits (owner and renter/tenant) are attached, with an owner-consent block on the renter’s form.

It’s marked “SAMPLE — FOR BOARD REVIEW ONLY, not for execution until reviewed by association counsel,” with bracketed blanks for association name, slip numbers, fees, and insurance minimums. This is a starting point for the board and their attorney, not a final enforceable document.

SAMPLE — FOR BOARD REVIEW ONLY

Not for execution until reviewed and approved by association counsel

BOAT SLIP RENTAL AGREEMENT

[ASSOCIATION NAME] CONDOMINIUM ASSOCIATION, INC.

This Boat Slip Rental Agreement (“Agreement”) is made and entered into as of ______________, 20__, by and between [ASSOCIATION NAME] CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit corporation (“Association”), and _____________________________ (“Applicant”), regarding the rental and use of a boat slip located within the common elements of [Association Name], a condominium, located at [Property Address], [City], Florida (“Condominium”).

RECITALS

WHEREAS the boat slips located within the Condominium are common elements or limited common elements of the Condominium, administered by the Association pursuant to the Declaration of Condominium for [Association Name] (“Declaration”), the Association’s Bylaws and Rules and Regulations, and Chapter 718, Florida Statutes (the “Condominium Act”); and

WHEREAS the Association desires to rent boat slip(s) to eligible unit owners and, where permitted under the Declaration, to eligible renters/tenants of units, on the terms set forth herein; and

WHEREAS Applicant desires to rent a boat slip from the Association subject to the terms and conditions of this Agreement, the Declaration, and the Association’s Rules and Regulations;

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

ARTICLE 1 — DEFINITIONS

• “Slip” means the boat slip identified in Section 2.1 below, together with any associated dock box, cleat, and utility pedestal assigned for Applicant’s exclusive use during the Term.
• “Unit” means the condominium unit owned or leased by Applicant, identified as Unit ______, [Association Name].
• “Vessel” means the boat, watercraft, or personal watercraft described in Exhibit A or Exhibit B, as applicable.
• “Owner” means the record title holder of the Unit as reflected in the Association’s official records.
• “Renter” means a bona fide tenant occupying the Unit under a written lease approved by the Association in accordance with the Declaration and Section 718.111(f), Florida Statutes, and the Association’s screening and approval procedures.

ARTICLE 2 — SLIP ASSIGNMENT AND TERM

2.1 Slip Assigned

The Association hereby rents to Applicant, and Applicant rents from the Association, Slip No. _____ (the “Slip”), for use solely in connection with Applicant’s Unit. No right, title, or interest in the Slip other than a revocable right of use is conveyed by this Agreement. The Slip remains a common element, or a limited common element, of the Condominium at all times.

2.2 Term

This Agreement shall commence on ______________, 20__ and shall continue for a term of one (1) year, automatically renewing for successive one (1) year terms unless terminated earlier as provided in Article 9, or unless either party gives the other written notice of non-renewal at least thirty (30) days before the end of the then-current term. A Renter’s rights under this Agreement automatically terminate, without further notice, upon expiration or termination of the Renter’s lease of the Unit, as provided in Section 4.3.

2.3 Priority

Unit Owners shall have priority over Renters in the assignment and renewal of Slips. If the Association’s supply of Slips is insufficient to accommodate all eligible applicants, the Association shall maintain a waiting list and assign Slips in the following order of priority: (1) Owners occupying their Unit as a primary or secondary residence; (2) Owners not occupying their Unit; (3) Renters holding an Association-approved lease with the consent of their Unit’s Owner, as described in Section 4.3.

ARTICLE 3 — RENTAL FEE AND PAYMENT

3.1 Rental Fee

Applicant shall pay the Association an annual Slip rental fee of $__________ (“Rental Fee”), payable in advance, [in full upon execution of these Agreement / in equal monthly installments of $______ due on the first day of each month]. The Board of Directors may adjust the Rental Fee prospectively upon thirty (30) days’ written notice, consistent with the Declaration and the Association’s budget process.

3.2 Security Deposit

Applicant shall deposit with the Association the sum of $__________ as security for Applicant’s performance under this Agreement, including any damage to the Slip, dock, or common elements caused by Applicant, Applicant’s Vessel, or Applicant’s guests. The deposit shall be held and returned in accordance with the Association’s standard deposit policy and applicable law, less any lawful deductions, within thirty (30) days after termination of this Agreement and surrender of the Slip in good condition.

3.3 Late Charges

Any payment not received within ten (10) days of its due date shall accrue a late charge of the greater of $25.00 or as permitted by the Association’s Rules, plus interest at the maximum rate allowed by law until paid.

ARTICLE 4 — ELIGIBILITY AND APPLICATION

4.1 General Eligibility

To be eligible to rent a Slip, an Applicant must: (a) be a Unit Owner in good standing with no outstanding monetary or covenant delinquencies to the Association, or a Renter meeting the requirements of Section 4.3; (b) submit a complete, signed Slip Rental Application on the applicable form attached as Exhibit A (Owners) or Exhibit B (Renters); (c) provide current proof of vessel registration or documentation and liability insurance as required by Article 5; and (d) be approved by the Board of Directors or its designated committee, which approval shall not be unreasonably withheld but may be conditioned on compliance with this Agreement and the Rules and Regulations.

4.2 Provision for Request by Unit Owner

Any Owner in good standing may request assignment or rental of an available Slip or may request transfer/reassignment of the Owner’s currently assigned Slip, by submitting a completed Exhibit Application to the Association’s property manager or Board. Requests by Owners shall be processed in the order received, subject to the priority set forth in Section 2.3, and the Board shall respond in writing (approving, denying, or placing the Owner on a waiting list) within thirty (30) days of receipt of a complete Application. An Owner may request that the Slip assigned to the Owner’s Unit be made available for rental to a Renter of that Unit, subject to Section 4.3, or may request the Association’s consent to sublease the Slip independently of the Unit only to the extent expressly permitted by the Declaration.

4.3 Provision for Request by Renter of a Unit

A Renter (tenant) of a Unit may request use of a Slip by submitting a completed Exhibit B Application, which must include: (a) a copy of the Renter’s Association-approved lease for the Unit, with a term co-extensive with or exceeding the requested Slip rental period; (b) the written consent of the Unit’s Owner authorizing the Renter to apply for and use a Slip in connection with the Unit; and (c) all information required of Owners under Section 4.1. A Renter’s use of a Slip is expressly subordinate to Owner priority under Section 2.3, is limited to the duration of the Renter’s approved lease, and automatically and immediately terminates upon expiration, termination, or assignment of that lease, without any obligation on the Association’s part to provide further notice to the Renter. The Owner of the Unit remains jointly and severally liable with the Renter for all Rental Fees, damages, and obligations arising under this Agreement with respect to a Slip used by that Owner’s Renter.

4.4 Association Approval

The Association reserves the right to approve or deny any Application in its reasonable discretion, consistent with the Declaration, the Association’s Rules and Regulations, and the Fair Housing Act and Florida’s Fair Housing Act, and to require additional information reasonably necessary to evaluate an application.

ARTICLE 5 — VESSEL AND INSURANCE REQUIREMENTS

5.1 Vessel Registration

The Vessel moored at the Slip must be currently titled and registered in accordance with Chapter 328, Florida Statutes (or documented with the U.S. Coast Guard, if applicable), and Applicant must provide current proof of registration/documentation with the Application and upon renewal.

5.2 Liability Insurance

Applicant shall maintain, at Applicant’s sole expense, a policy of protection and indemnity (liability) insurance covering the Vessel in an amount not less than $___________ (recommended minimum $300,000) per occurrence, naming the Association as an additional insured and certificate holder. Applicant shall provide the Association with a current certificate of insurance prior to occupying the Slip and at each renewal and shall notify the Association promptly of any cancellation or lapse.

5.3 Vessel Condition and Size

The Vessel must be seaworthy, properly maintained, and must not exceed the dimensions of the Slip as posted by the Association. No vessel may extend beyond the end of the Slip or obstruct navigation, adjacent slips, or common areas. The Board may require removal of any Vessel that the Board reasonably determines to be unseaworthy, derelict, or a hazard.

5.4 No Liveaboards

No person may use a Vessel moored at a Slip as a permanent or temporary residence (“live-aboard” use). Overnight stays aboard a Vessel are prohibited except as the Rules and Regulations may otherwise expressly permit.

ARTICLE 6 — RULES OF USE

Applicant’s use of the Slip is subject to the Association’s Rules and Regulations as amended from time to time, including without limitation:

• No discharge of sewage, bilge water, fuel, oil, or other pollutants into surrounding waters; use of designated pump-out facilities is required, consistent with Florida’s Clean Marina and Clean Vessel programs and applicable Florida Department of Environmental Protection requirements.
• Compliance with all posted speed limits, no-wake zones, and manatee protection zones established by the Florida Fish and Wildlife Conservation Commission.
• No fueling, engine repair, hull scraping, or bottom painting at the Slip except in designated areas, if any.
• No storage of personal property, equipment, or debris on the dock outside the designated dock box.
• Vessels must be properly secured, with adequate fendering, to prevent damage to the Slip, adjacent vessels, and common elements, including during storm events; Applicant must comply with the Association’s hurricane preparedness and vessel-removal requirements.
• No commercial use, chartering, or subleasing of the Slip independent of the Unit, except as expressly permitted by the Declaration and approved in writing by the Board.
• Guests and family members of the Applicant using the Slip are subject to the same Rules, and the Applicant is responsible for their compliance.

ARTICLE 7 — MAINTENANCE AND REPAIRS

The Association shall be responsible for maintenance, repair, and replacement of the Slip structure, dock, pilings, and common utility connections, except for damage caused by the negligence or willful misconduct of Applicant, Applicant’s Vessel, or Applicant’s guests, which shall be Applicant’s responsibility to repair or reimburse. Applicant shall maintain the Vessel and all lines, fenders, and personal equipment at the Slip in good condition and promptly notify the Association of any needed repairs to the Slip or dock.

ARTICLE 8 — INDEMNIFICATION; ASSUMPTION OF RISK

APPLICANT ASSUMES ALL RISK OF LOSS OR DAMAGE TO THE VESSEL AND PERSONAL PROPERTY KEPT AT THE SLIP, AND ALL RISK OF INJURY TO APPLICANT, APPLICANT’S GUESTS, OR THIRD PARTIES ARISING FROM APPLICANT’S USE OF THE SLIP, EXCEPT TO THE EXTENT CAUSED BY THE ASSOCIATION’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. Applicant shall indemnify, defend, and hold harmless the Association, its officers, directors, employees, and agents from and against any and all claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to Applicant’s use of the Slip, the Vessel, or any breach of this Agreement, except to the extent caused by the Association’s gross negligence or willful misconduct.

ARTICLE 9 — DEFAULT AND TERMINATION

9.1 Events of Default

Default under this Agreement includes, without limitation: (a) failure to pay the Rental Fee or other charges when due; (b) failure to maintain required insurance or vessel registration; (c) violation of the Rules and Regulations after written notice and a reasonable opportunity to cure (not less than ten (10) days, except for safety or environmental violations, which may require immediate action); (d) delinquency in Unit assessments; or (e), for a Renter, expiration or termination of the underlying Unit lease.

9.2 Remedies

Upon default, the Association may terminate this Agreement upon written notice, remove or require removal of the Vessel at Applicant’s expense, withhold the security deposit to the extent of damages or unpaid amounts, and pursue any other remedy available under the Declaration, the Rules and Regulations, or Florida law, including Section 718.303, Florida Statutes.

ARTICLE 10 — ASSIGNMENT AND SUBLETTING

Applicant may not assign this Agreement or sublet the Slip without the prior written consent of the Board, which may be withheld in the Board’s reasonable discretion. Any Slip rental by a Renter is personal to that Renter’s approved lease of the Unit and may not be assigned or transferred.

ARTICLE 11 — ASSOCIATION’S RESERVED RIGHTS

The Association reserves the right to: (a) amend the Rules and Regulations governing Slip use from time to time; (b) reassign Slips for safety, dredging, construction, or operational reasons upon reasonable notice; (c) enter upon or inspect the Slip and Vessel for compliance and emergency purposes; and (d) temporarily suspend Slip use during declared emergencies, including tropical storms and hurricanes.

ARTICLE 12 — DISPUTE RESOLUTION; ATTORNEYS’ FEES

Any dispute arising under this Agreement shall first be subject to the Association’s internal dispute resolution procedures, if any, and thereafter to mandatory nonbinding arbitration or mediation to the extent required by Section 718.1255, Florida Statutes, or applicable law. In any action to enforce this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs, consistent with Section 718.303, Florida Statutes.

ARTICLE 13 — GENERAL PROVISIONS

• Governing Law: This Agreement is governed by the laws of the State of Florida.
• Entire Agreement: This Agreement, together with the Declaration and Rules and Regulations (incorporated herein by reference), constitutes the entire agreement between the parties regarding the Slip.
• Amendment: This Agreement may be amended only in writing signed by both parties, except that the Association’s Rules and Regulations may be amended as provided in the Declaration and Bylaws without Applicant’s signature.
• Severability: If any provision of this Agreement is held invalid, the remainder shall continue in full force and effect.
• Notices: All notices shall be in writing and delivered to the addresses on file with the Association.
• No Waiver: The Association’s failure to enforce any provision shall not constitute a waiver of that provision.
• Subordinate to Declaration: In the event of any conflict between this Agreement and the Declaration, the Declaration controls.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

ASSOCIATION:

[ASSOCIATION NAME] CONDOMINIUM ASSOCIATION, INC.

By: ___________________________ Its: ___________________________     Date: ___________

APPLICANT:

Signature: _____________________________________________     Date: ___________

Print Name: Unit No.: ___________________     Unit No.: ___ () Owner () Renter

EXHIBIT A — SLIP RENTAL APPLICATION (UNIT OWNER)

To be completed by the Owner of record. Attach proof of vessel registration/documentation and current liability insurance certificate.

1. Owner Name(s): _______________________________________________
2. Unit No.: __________     Mailing Address: ____________________________
3. Phone / Email: ______________________________________________
4. Vessel Make/Model: _______ Length: _____ Registration/HIN No.: __________________
5. Requested Slip No. (if known): __________     Preferred Term Start Date: ______________
6. Is this a request to transfer/reassign an existing Slip? () Yes () No — if yes, current Slip No.: _____
7. Do you intend to permit a Renter of your Unit to use the Slip during your lease of the Unit? () Yes () No
8. Insurance Carrier: ______________ Policy No.: ___________ Liability Limit: $______________

I certify the above information is true and correct, and I agree to be bound by the Boat Slip Rental Agreement and the Association’s Rules and Regulations.

Owner Signature: _______________________________________     Date: ___________

EXHIBIT B — SLIP RENTAL APPLICATION (RENTER / TENANT)

To be completed by a Renter (tenant) of a Unit, together with the Unit Owner’s written consent below. Attach a copy of the Association-approved lease, proof of vessel registration/documentation, and current liability insurance certificate.

1. Renter Name(s): _______________________________________________
2. Unit No.: _________     Lease Term: From ____________ to ____________
3. Phone / Email: ______________________________________________
4. Vessel Make/Model: ____________ Length: ______ Registration/HIN No.: __________________
5. Requested Slip No. (if known): _________     Requested Rental Period: From ______ To ______ (may not extend beyond the Lease Term above)
6. Insurance Carrier: ______________ Policy No.: ____________ Liability Limit: $______________

I certify the above information is true and correct, and I understand that my right to use the Slip is subordinate to Owner priority, is limited to the term of my approved lease, and terminates automatically upon expiration or termination of that lease. I agree to be bound by the Boat Slip Rental Agreement and the Association’s Rules and Regulations.

Renter Signature: _______________________________________     Date: ___________

OWNER’S CONSENT (required)

I am the Owner of record of the above Unit and consent to my Renter’s application to rent a boat slip in connection with my Unit. I understand I remain jointly and severally liable, together with my Renter, for all Rental Fees, damages, and other obligations arising under the Boat Slip Rental Agreement with respect to any Slip used by my Renter.Owner Signature: _______________________________________     Date: __________