Right of First Refusal for Unit Sales

This page on the website was created as a place dedicated to our working through the many issues of the existing "right of first refusal" (RoFR) for the sale of a unit at River Club. Think of this page as a sort of a "team workplace" for all of us to contribute our thoughts, concerns, solutions, etc. for all things ROFR. Though the title of the page indicates a focus on the unit sales, we must include the context of other important elements such as boat slips and lifts as they are definitely in play in certain unit sales scenarios. This is your place, not the BODs, so use the form below to provide your current position, leading up to the vote, and any input you may have for others to consider and we will make sure it gets posted as soon as we get it.

So without further ado, here we go...

An Overview of the Right of First Refusal

River Club Condominiums' Declaration of Condominium (DoC) currently has an explicit "right of first refusal" (RoFR) for the sale of any unit by a unit owner. Chapter XIV of the DoC (see below) contains the description of this RoFR which includes specific requirements, timeframes, and other rules that must be followed to ensure the unit sale and RoFR needs are addressed for all stakeholders in a unit sale. We also have what may or may not be considered a separate ROFR for the boat slip that is assigned to the selling unit owner at the time of the unit sale. Section 2.(a) of the DoC (also below), and more specifically subsection (iv) indicates how the boat slip may not be included in the sale of a unit but rather be presented, concurrently with the unit sale, to all unit owners for assignment. In the event of multiple unit owners desiring the boat slip, a "random drawing" is in play.

Due to the different scenarios that are historically involved, unit owners and the BOD, in the May 3, 2022 session, indicated that both unit sales and the boat slip assignment issues must be addressed, for all scenarios, before any filing of the amendment to change or delete the unit sales RoFR (Chapter XIV) would take place. The unit owners also agreed to holding a vote for the unit sales RoFR in the next BOD session which is now set for Jun 07, 2022. Example scenarios include:

Unit sale with no assigned slip at the time of the sale
Unit sale with an assigned slip that has not had a lift installed
Unit sale with an assigned slip with a lift installed (to be solde by the current unit owner)
Unit sale with an assigned slip with a lift installed and a boat (all to be sold by the current unit owner)
Unit sale with an assigned slip with a lift installed (to be removed by the unit owner)

In an attempt to keep this overview independent of any position on the retention, change, or removal of the unit sales RoFR, any further comments will be provided below and not in this section.

Our Current RoFR Description

(from the Declaration of Condominium)

Chapter XIV

Our Current Boat Slip Assignment Description

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