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Charging Boy Scouts $50 per meeting??

Started by CarolR11 • 6 replies • 1469 views

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CarolR11 (Colorado)
Posts: 2,563
Posted:
From the News on this site: "GA: Residents cry foul over HOA vote."
7/12/2013 1:36:38 PM.

An HOA had been letting a Boy Scout troop meet in the clubhouse for free for two years. The HOA attorney advised the Board to start charging the troop for its meetings as the only other entities that use the clubhouse without paying are HOA-sanctioned committees, etc. The attorney was concerned that other nonprofit groups would want the same free use of the clubhouse and would be angry if the Board charged them.

The new charge would be $50 per meeting and total $2000 per year. The troop has six 11-12 y.o. members!

We charge users of our party lounges based on group size. Under 10 is $10 + a $75 refundable, and then there’s two other categories with higher fees & deposits.

Could the HOA with the Boy Scout “problem” do something similar? What does your HOA charge for use and as a deposit for your party rooms/clubhouses?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
We had a $100 damage deposit and a non-refundable $25 rental fee. However, you could NOT rent the clubhouse if you were behind in dues. The clubhouse had a pool but could not exclusively rent the pool with it. Renters could not rent at all. It was member only.

The homes ranged from 1 to 3 bedroom houses. However, they were small. The 1 - 2 bedroom's homes are less than a 1K square feet. The larger homes were two stories but still less than 1500. It was kind of a useful space to rent for people to have tupperware parties and birthday parties.

It really depends on each HOA the use and charge of their clubhouse. Some may feel that once you pay dues, you should have access to the clubhouse. Which is true but it cost money to make that clubhouse space available. We looked at the fee as a way to pay the electric bill, cover supplies, and help reduce damage risk with the deposit. A consideration when renting.
Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Carol

Might the answer be that clubhouse usage is free for owners. Others will be charged. Hopefully one of the Boy Scouts parents is an owner.

One might could have restrictions on rentals to non-owners that limit the usage to say national youth groups, etc. or to groups approved by the BOD.

Guess I do not see the issue the lawyer is raising.

MatthewW4 (Arizona)
Posts: 500
Posted:
Quote:
Posted By CarolR11 on 07/12/2013 7:25 PM

An HOA had been letting a Boy Scout troop meet in the clubhouse for free for two years. The HOA attorney advised the Board to start charging the troop for its meetings as the only other entities that use the clubhouse without paying are HOA-sanctioned committees, etc. The attorney was concerned that other nonprofit groups would want the same free use of the clubhouse and would be angry if the Board charged them.

The clubhouse is not a place of public accommodation. Or it wasn't until the attorney insisted that if one group uses it the HOA is somehow obligated to allow all other groups under the same terms. The attorney essentially changed the clubhouse from private property to a public meeting place. This means, among other things, tax consequences for the HOA and compliance with ADA.

My advice: Drop the fees and drop the idiot attorney.

CarolR11 (Colorado)
Posts: 2,563
Posted:
The troop is "led in part" by a couple who apparently re residents. I assume some of the boys are residents.

The attorney's issue seems to be that although HOA-sponsored committees, events, involve no user fee & deposit, if one non-HOA sponsored group isn't charged, other non HOA sponsored groups containing residents will want the same treatment. To me, his point is valid. What seems nuts to me is to charge the troop $50 per meeting for 6 boys & their leader(s). Why not a sliding scale? On the other hand, why can't the 6-member troop meet in the troop leader's home or at the home of one of the boys?

If you read the article in the News in this board, you'll see there's quite a stink about this.

I'm very surprised, Melissa, that tenants at your HOA aren't permited to use the clubhouse. Their homeowners pay dues for it, right? Or was there a separate fee to "join" the clubhouse?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By MatthewW4 on 07/13/2013 7:53 AM
Posted By CarolR11 on 07/12/2013 7:25 PM

An HOA had been letting a Boy Scout troop meet in the clubhouse for free for two years. The HOA attorney advised the Board to start charging the troop for its meetings as the only other entities that use the clubhouse without paying are HOA-sanctioned committees, etc. The attorney was concerned that other nonprofit groups would want the same free use of the clubhouse and would be angry if the Board charged them.


The clubhouse is not a place of public accommodation. Or it wasn't until the attorney insisted that if one group uses it the HOA is somehow obligated to allow all other groups under the same terms. The attorney essentially changed the clubhouse from private property to a public meeting place. This means, among other things, tax consequences for the HOA and compliance with ADA.

My advice: Drop the fees and drop the idiot attorney.


Well said. I agree.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Carol

You said:

The troop is "led in part" by a couple who apparently are residents. I assume some of the boys are residents.

The clubhouse is not being used by an outside group. It is being used by some owners who invited several of their "friends" to the event.

OK. We skinned that cat another way. Next issue.............LOL

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