Private vs. Public Common Area

In our neighborhood of 42 homes we have a small park adjacent to a large city owned sports complex, with a walking trail, soccer fields and baseball fields. There is a fence between the two properties. On this fence, on our side in our park are two signs which say, "Park & Facility for use by Pleasantville Homeowners and Guests. Please respect our property." When we moved here we were told this was a private park for our use. The real estate agents selling houses that come up for sale tell prospective buyers this. After a series of incidents with me as President, living two doors from the park, informing non-residents nicely they could not use the park, a holy uproar could be heard. Apparently, there are several people who think anyone should be able to use the park as long as they are behaving appropriately. I spoke with our insurance agent who said while the policy is not written for "private property" if the use of the property is more active than typical association use, it could be problematic. Our sign seems to say it all to me. Our covenants are totally silent about common area usage other than maintenance of weeds, mowing, watering etc. Before I became President a Common Area Committee was supposed to establish Park Policy but it didn't, and there is nothing in any of the Minutes from 1998 to the present that address any policy. This will be on the Agenda for our Annual Meeting next month and I would appreciate any input from my fellows here at HOA Talk. Thank you

Yes, liability will most definitely be raised again, as it has been in the past. Both the Association coverage and individual homeowner's coverage covers liability. But people tend to forget that insurance is something you want to have but you don't want to use. Our little park has a play structure with swings and slide as well as a basketball court. This back entrance is considered an emergency vehicle entrance, with a locked gate between our street to the playing fields. But there is an opening intentionally large enough for bicycle and foot traffic to access the public park. Our neighborhood streets are all public, and none of us mind anyone just walking through our neighborhood to get to the park, or to the high school across the street from park. It's when the families have brought the kids to watch the soccer games, and their other kids wander over to play in our park, or other folks walk over from adjoining neighborhoods and use our park as if it were a public park that turns our "Park for the use of the homeowners and guests," into a public park. It was the actual enforcement of the logical interpretation of that sign that caused the "enforcers" to hear things like, "elitist," "police-state," and "exclusive." Nobody, even those of us who believe the park is private, wants to put a fence up. I'm wondering if any other homeowners association in the Forum here has a similar situation? I guess I am just baffled as to how that sign can be understood to say, "Y'all come on in."

I wanted to put up attractive signs right as anyone would be making the decision to hang out, by the picnic table, on the swings, or the curb even. The non-residents always leave when asked, so calling the police would be moot. Plus, the issue that got everyone riled was even asking non-residents to leave in the first place! If the police were called, heads would roll. I'm just trying to figure out how to accommodate the homeowners who believe the park is private and not for non-resident use, and the homeowners who believe that the park, while owned and maintained by the residents, has public privileges as long as behavior is appropriate. What does private mean? What does public mean? Do the signs need to say something different? What do we tell potential buyers? Yes, it's our park but anyone can use it? Is that a selling point? No, the "Yes, it's a private park for the residents and their guests," most definitely is, and was for probably, I suspect, most homeowners when considering buying their house, especially those with children.

Dorothy I don't want to belabor the obvious but what do the CC&R's say about the common areas? I would speculate they are for the exclusive use of homeowners and their invited guests. Know that no matter what the Board decides to do, there will be H/O's that disagree. You can't let the desire to please everyone stop you from doing what is right. You can also check with the local Park Board to see if there was some type of agreement between the original developer and the PB regarding access.