Is it legal that a condominium provides a wet slip as an amenity?
A. It is legal to give an exclusive right to use a wet slip and include reference to that exclusive right in a Warranty Deed. The wet slip should not be included in the legal description or any claim to the bottom land be stated in the Warranty Deed. There should also be an Exclusive Right to Use document issued between the leaseholder and the Warranty Deed owner. The exclusive rights document shall state that there is no claim to the sovereign lands and reference the lease and the term, Rule 18-21.011, F.A.C, and information in regard to the six percent that is due on the entire sale transaction attributable to the wet slip. This includes slips that are in appurtenance with an upland home. Wet slip use agreements should not be contrary to other documents presented to DEP at the time the lease was issued, such as but not limited to the Declaration of Condominium and its recorded uses of common area and limited common area.
