RuthN (Florida)
Posts: 41
Posts: 41
Posted:
May a Board of Directors refuse to allow a resident run bible study group to meet in the club house?
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Religious Activities in Club House
Started by RuthN • 11 replies • 2162 views
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SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
The board should have a rental policy for ALL groups or individuals wanting to rent the hall. No special rate or perks for certain groups just because of the subject matter. The board should also have a right of refusal.
Were you denied a contract?
Were you denied a contract?
RuthN (Florida)
Posts: 41
Posts: 41
Posted:
This is not a rental request. The group has been meeting in members' homes and now wants to use the club house. The Board deigned this request in the past citing the religious nature of the meetings. The Board's concern is about the religious aspect of the meetings. The Board does not have a policy concerning this other than permitting one time events such as memorial services for residents.
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Ruth,
Look up the case law on the Owners of the Savanna Club verses the BOD. in Pt. St. Lucie Florida. This is an exact copy of what you have posted. You will prevail in this case.
RuthN (Florida)
Posts: 41
Posts: 41
Posted:
Donna, thanks for the reference. I am not certain that this applies to a bible study group.
SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
Sounds like the board is denying all applicants, except one day events. So you are not being discriminated against.
DennisT (Ohio)
Posts: 109
Posts: 109
Posted:
Donna, if I understand the Savanna case wasn't that primarily from a Federal fair housing perspective? In that case the judge found that the rule existed for legitimate community concerns such as parking problems that were occurring and the rule applied to all religious gatherings. If it's a group of five residents you're going to have a hard time arguing that they're causing the parking lot to overflow.
Further, if the board has and plans to continue to give exceptions for memorial services I think you open yourself up to accusations of allowing some religious activities but not others. Be careful there.
What exactly is the board's concern here? That is, how would the interests of the association be harmed by allowing religious meetings that otherwise comply with all other clubhouse rules? You don't need to answer that here but it's just something to think about because if it ever goes to court you need to be able to show that the rule isn't arbitrary and is applied consistently across all cases. At my association we allowed religious meetings if for no other reason than they had to pay the same rental fee as everyone else and the income came in handy!
Further, if the board has and plans to continue to give exceptions for memorial services I think you open yourself up to accusations of allowing some religious activities but not others. Be careful there.
What exactly is the board's concern here? That is, how would the interests of the association be harmed by allowing religious meetings that otherwise comply with all other clubhouse rules? You don't need to answer that here but it's just something to think about because if it ever goes to court you need to be able to show that the rule isn't arbitrary and is applied consistently across all cases. At my association we allowed religious meetings if for no other reason than they had to pay the same rental fee as everyone else and the income came in handy!
NoelleC3
Posts: 43
Posts: 43
Posted:
Could you not just rent the clubhouse? The board only needs to know it was for a meeting of personal nature.
RuthN (Florida)
Posts: 41
Posts: 41
Posted:
Our clubhouse is not available for rent. It is for the use of residents following a Board defined priority list. Up until now the group has been holding bible study in residents' homes. They claim that the group is getting too large for a home and want to use the clubhouse. (I have been to a number of social gatherings in our development with attendance exceeding the number in the bible study group.)
JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
Hi Ruth:
You stated earlier: "The Board does not have a policy concerning this other than permitting one time events such as memorial services for residents."
What is the clubhouse used for in the past? Is it only for member get togethers and rarely use for "one time events" if needed by residents?
Check you documents to insure if there are any rules governing the use of your clubhouse ... governing documents control. If nothing in your documents, you could then ask to have the subject on the next meeting agenda for everyone to discuss options regarding use of the clubhouse by the community residents. If it is determined that anyone can schedule meetings, then it should not matter and the board should not reject anyone based on the type of meeting, as long as it is legal.
You stated earlier: "The Board does not have a policy concerning this other than permitting one time events such as memorial services for residents."
What is the clubhouse used for in the past? Is it only for member get togethers and rarely use for "one time events" if needed by residents?
Check you documents to insure if there are any rules governing the use of your clubhouse ... governing documents control. If nothing in your documents, you could then ask to have the subject on the next meeting agenda for everyone to discuss options regarding use of the clubhouse by the community residents. If it is determined that anyone can schedule meetings, then it should not matter and the board should not reject anyone based on the type of meeting, as long as it is legal.
RuthN (Florida)
Posts: 41
Posts: 41
Posted:
The Board has extensive policies as to the use of the clubhouse. When I wrote that the Board does not have a policy concerning "this" . . I meant that there is no policy about the use for bible study. The policy for "classes" limits the "period of instruction" to 8 classes.
JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
Ruth:
It sounds like your board has limits to prevent someone from always taking up clubhouse time, which would be fair. In essence bible study could be considered a type of class, but you would be limited to only 8 classes. It appears you are looking for something to possibly meet at least once per week for a long period of time and it does not appear your clubhouse rules will allow.
You might consider a room at your local church.
It sounds like your board has limits to prevent someone from always taking up clubhouse time, which would be fair. In essence bible study could be considered a type of class, but you would be limited to only 8 classes. It appears you are looking for something to possibly meet at least once per week for a long period of time and it does not appear your clubhouse rules will allow.
You might consider a room at your local church.
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