THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Saturday, October 15, 1994 TAG: 9410200625
SECTION: REAL ESTATE WEEKLY PAGE: 06 EDITION: FINAL
COLUMN: Common Ground
SOURCE: G. Robert Kirkland and Michael A. Inman
LENGTH: Medium: 70 lines
Our board recently had two questions posed concerning the use of our clubhouse.
The first is can we prohibit a member of our association from using the clubhouse for weekly prayer meetings? I believe that most of the attendees would not be members of the association.
Also, we have mothers with young children, most of whom are members of our association, who wish to host an informal weekly play group at our clubhouse.
Do we need any restrictions put on these activities due to insurance problems or any other reason?
It depends largely upon whether the practices and policies of your community allow the clubhouse to be used by members of the association and invited guests.
Generally, it is illegal to deny or limit privileges, advantages and services regarding any of the common areas and certain dwelling-related facilities based on race, color, religion, sex, handicap, familial status or national origin.
Based on recent anti-discrimination laws, enforcement agencies and courts may consider a clubhouse open to all residents.
However, you are permitted to have reasonable rules and regulations concerning the use of any common facility.
We believe that you will find that your community's master insurance policy will provide coverage for physical damage to the clubhouse when being used by members, and will also include liability insurance.
That does not preclude the association from requiring members who are using the facilities for their own private purposes to pay a rental fee or a security deposit, or both, unless precluded by the documents.
You may wish to talk to your insurance consultant to explore all potential areas of exposure.
Your association may want to require a signed rental agreement for gatherings, meetings or parties held on the common facilities.
You might also demand that the responsible unit owners attend and supervise the activities.
In addition, the association member and all other persons using the common element as well as their legal representatives should agree in writing to hold the association harmless from and against any and all damage and/or injury, including death (as well as attorney fees) relating to the usage of the common areas.
The cost may be assessed as a common expense exclusively against the owner's unit.
Your association faces a difficult dilemma in balancing the accessibility of the clubhouse and the unwelcome liability.
Potential risks should never be minimized, but refusing to provide privileges in these circumstances may expose the association to claims of discrimination.
So our advice is to seek out ways to allow maximum usage of common facilities while getting the users formally to take responsibility for their actions and those of their invitees. MEMO: G. Robert Kirkland, president of a Virginia Beach property management
consulting firm, and attorney Michael A. Inman specialize in Virginia
community association issues and are affiliated with the Southeastern
Virginia chapter of the Community Associations Institute.
Send comments and questions to them at Real Estate Weekly, 150 W.
Brambleton Ave., Norfolk, Va. 23510.
To submit questions by phone, call 446-2033; fax: 446-2531. by CNB