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KayM (Colorado)
Posts: 1
Posted:
we here in canterbury townhomes,co spr.,co......have a nice clubhouse with a fully FURNISHEDkitchen and greatroom.the reservations are free.....with a$100. 00 DEPOSIT WHICH IS REFUNDABLE AFTER a satisfactory inspection. S ome homeowners think that , in view of two successive years of assessments..(2005..$1400.00...2006..$1500.oo), that a flat fee of $50.00 for the rental....and a $50.00 security deposit is more realistic.
A member told the board that this is illegal as we all contribute towards the maintenance, but we feel that if a member wishes "exclusive occupancy", a fee is not on ly reasonable, it is fair.

the pool issue is regarding the # of guests allowed a single household.we have a couple of owners who feel justified in hosting 10 or 11 people at our very small pool.at this time there is no specific limit.

where can we go for a ruling???KM
BrianB (California)
Posts: 2,820
Posted:
no rulings here, just advice. your board must decide such things, of course, since essentially, an HOA is a business with contracts/agreements with the owners.

I personally would say that a security/cleaning deposit of $100 is reasonable (perhaps low...can you really replace, repair or even steam the carpets/paint walls for $100?), and i love the idea of a nominal fee for use of the room itself.

The fee will determine the room use, by the way, not the other way around. If you charge me $50 to use the room, I will use it once in a great while, for a huge gathering. IF you charged me $10, I would use it more often, for smaller get-togethers with friends and family. CHarge me a dollar, and I would have weekly checkers/poker nights there...

GeraldT1 (<Not Specified>)
Posts: 519
Posted:
KayM,

No rulings here as well, just food for thought. Look at what your pool policy says about the number of guests a unit owner is allowed to have at the pool. Usually it's two per unit. Is the member (who told the board charging a fee is illegal) in favor of an exclusive event? If so, wouldn't the whole concept of an exclusive event therefore be unfair as you all contribute towards the maintenance and are therefore restricted from use on the night of the event?

Following that logic thread, why not take the amount each owner contributes in maintenance an hour and credit the owners for each hour an exclusive event takes place? Bring that up at an open board meeting and perhaps your flat fee of $50.00 will get approval. I see nothing wrong in charging $50.00 for exclusive use of a clubhouse, it generates revenue. I would however caution access to the pool area if a lifeguard is not on duty, in my hoa any door with access to a pool must have a sign posted at it saying no lifeguard on duty. Not doing this could become an insurance, and board of health related matter.

GeraldT1
BradP (Kansas)
Posts: 2,640
Posted:
Kay:

This is a sore spot for me so I will give my advice. In my opinion if the homeowners are paying the maintenance on it then the homeowners only should reap the rewards. If Joe Homeowner wants to invite his old fraternity boys out to the pool to have a good time then Mr. Joe needs to pay a rental fee because he is placing excess wear and tear and increasing maintenance costs for the enjoyment of people who don't pay.

Ultimately it will be your board that makes the policy, but I feel it is absolutely within your rights and should be done.
EdR (Texas)
Posts: 170
Posted:
Kay:
I agree with Brad. This is why I've been opposed to the assn. in which I live, having 33% swimmers on swim team from outside of subdivision, because they pay for nothing, unless they pay it to the swim team directly, but they do not use the monies for upkeep of our pool. Further, they have booked the pool for meets when homeowners should and could be using it. Another idea, though, as we have the same situation in our assn. re the clubhouse. We only (are supposed to) allow members to rent the clubhouse with a reservation. Each owner has to pay a $100 deposit that is returned after everything checks out and nothing damaged. Each owner may use the clubhouse two times in one year, and after the second use, they are charged a rental amount of $50 that is not returned. This helps keep the same people from always having it booked all the time, which still happens sometimes because $50 is so much cheaper than cleaning your own house before and after a gathering. I have never used our clubhouse in 8 years, but some people have every event there. The board meetings are held there and the MUD meetings and they are never changed, so no one can rent on those two nights monthly. One person used to keep the calendar and manage returning the deposit.
EdR

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