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Subject: Clubhouse Classes
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BarbaraG15
(Idaho)

Posts:4


03/01/2019 6:55 PM  
I am a resident of a large subdivision and a volunteer committee member. I also have been teaching free yoga classes in our clubhouse to residents only for two years. Our rules clearly state that if a majority of participants are residents then the rental fee is waived. It is all residents, the class is free, no monies collected. Besides this, I am certified in teaching yoga. No liability waivers are used. I believe I am protected as the class is free but I have suggested to our Board that I could use standard liability waivers. Instead they have suggested a Use Agreement.

I joined the committee to review member rules. After hours of dedicated volunteer hours and the rules nearly finalized, the head of the committee has held meetings without notifying me and another committee member. They also have sent out emails finalizing the rules with no final input from the two of us. An additional new rule was added about groups using the clubhouse. This was never discussed with the entire committee. The new rule wants those using the clubhouse regularly to complete a Use Agreement. However, they have not included what this agreement is about. I suspect it may be placing liability on one person, whomever is leading the group. So far, no one is replying to our questions. Am I correct in believing that a Use Agreement would be discriminatory? All HOA members pay the same fee but of course there are varying levels of use.

The classes are once a week and do not conflict with weekend rentals. The classes are only an hour long. The residents asked me to teach free classes so this is not about my seeking recognition. Only about serving my community and giving back.

How do other HOA's handle regular planned activities? Certainly there are clubhouses being used for book clubs and other social get togethers.

The other part of this is that there are regular water aerobics classes and no one has said anything about a Use Agreement for those classes.

There is also a regular craft group which does not have a leader and they wish to have a Use Agreement for that as well.

Yes, the politics seem junior high like - we have notified the Board. I do not wish to talk about the way this committee is acting without including all of us. Only looking for clarity about how HOAs handle regular groups. I have not found anything on forums. I would also like to know if anyone feels that regular social groups would be discriminated. Right now I am the only clubhouse teacher so it does feel wrong. I am a member in good standing. I want to give back to the community. Thank you!

SheliaH
(Indiana)

Posts:2470


03/04/2019 9:16 AM  
The board should be concerned about anything that could make the association liable if something happens in the common areas (the clubhouse in this case), so I agree with you that a liability waiver would be best – it could be part of a use agreement (didn’t anyone on the board realize you can have both on the same document???)

Now, as far as the committee is concerned, did you talk to the chairperson about not getting a notification about the meeting where this decision was discussed? Hopefully, you hung on to those emails for documentation because if you get blown off, your next step is to go to the board with your concerns because someone should have a talk with the chairperson about proper procedures.

Right now our clubhouse is mostly used for board meetings. If people wanted to reserve it for regular meetings like a book club, I supposed we’d handle it like someone renting it for a party – there would be a damage deposit and a rental fee, with the damage deposit returned if there wasn’t anything. If there are to be regular meetings like a book club, I would think the deposit would be higher, along with the rental fee because our cleaning crew would have to come more frequently.

Finally, all regular meetings should be handled the same – there shouldn’t be a difference between the water aerobics class and a yoga class. In fact, I’d be more worried about having a liability waiver for a water aerobics class as opposed to yoga because some people might not be able to swim or swim very well, but that’s just me.
MarkM19
(Texas)

Posts:302


03/04/2019 10:40 AM  
Barbara,
I agree mostly with Shelia and her last paragraph makes the most sense to me. All groups that are offering classes need to be treated exactly the same.

I have been on boards for 9 years now and the one thing that Board members really don't like is when a large group shows up for the meeting and all complain about the same thing. Not sure how many Yoga people are in your class but I would ask them all to be at the next meeting and speak out on what they may lose if the board places to many restrictions on these types of groups. In my opinion your group is far less of a threat to the HOA than a swim class. You bring your own mats and take them when you are done. I am assuming you clean up once the class is over.

Your association must be really running smoothly if this is what the board wants to focus on.
JohnC46
(South Carolina)

Posts:8270


03/04/2019 3:42 PM  
Barbara

Are the classes for fellow owners only? This also means no guests.
BarbaraG15
(Idaho)

Posts:4


03/21/2019 8:08 PM  
We have talked to the President of our Board about the chairperson's omittance of two of us from meetings and emails. She agrees with us that we should not have been excluded. Have not had an apology or response from the chairperson. We have recently been included on training for check in/check out. We have documented all of what has happened and some committee members who were included have expressed their concern to the chairperson as well. Thank you for your response. I agree with you re pool and clubhouse - both require maintenance and have liability and thus, drop in classes should be handled the same.
BarbaraG15
(Idaho)

Posts:4


03/21/2019 8:14 PM  
Yes 100% residents! Our clubhouse rules have been that if 75% of attendees are residents than the rental fee will be waived. Classes are free. The classes have always been promoted to residents only and only residents show up. The classes have been small but this is because it's a Wednesday morning which limits to seniors. I chose Wednesdays on purpose to avoid any conflict with weekend rentals. The Board seems to be leaning towards HOA approved large gatherings and no casual drop in's or clubhouse classes. However, the space only fits about 100 people and furniture is living room style sofas and chairs tv and pool table. For over ten years, residents have not been stopped from casually dropping in to sit and socialize, watch TV together, play pool, etc. We all have access with a card key.
BarbaraG15
(Idaho)

Posts:4


03/21/2019 8:35 PM  
Yoga classes are relatively new, just fall/winter for two years. Participation varies but there is a core group of about ten regulars and response has always been positive. There's been a good twenty total students but of course participation varies each week. I've had residents ask me to teach on the weekends and I'm sure we would have more students but then we would conflict with paying clubhouse rentals. So it must be mid week morning which limits participation to active retirees. Yes, we use our own mats and we have even vacuumed before class when it was needed, picked up trash. etc. There now is a weekly cleaning crew paid for by an increase in rental fee so it is cleaner. We are good stewards. Have reported ants as who better to see them but people on the floor? Have turned off indoor Christmas tree lights which someone left on for days, something that could have been a fire hazard. We even have answered questions, given directions and been positive cheerleaders for the neighborhood when new residents stop by. So it feels unfair to be doing our best for the welfare of the community but they are trying to shut down classes and stop any casual drop in use as well. There have been no issues or complaints. The Board always talks about liability but when I suggest a sign in or waivers, no response. We have not seen a Use Agreement despite it being mentioned in an email that we were omitted on. It was added after we had finished with the rules. It is also taking several weeks for approval of those revised rules despite there being few changes.
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