Hi Rebecca:
We have a private park in our HOA. While we do not have a set deposit or fee for reservations, we include in our policy and on our rental form, that fees and deposits will be charged. We try to estimate, depending on the event, the type of damage that may occur and the cost that would be involved, and set fees accordingly. The policy and reservation form were drafted after we had one request for usage of the park on a reserved basis.
I would recommend the following:
1) Base the deposit on the risk involved - how much damage would be likely to occur with different types of usage? A birthday party might be much different than a dance, with regard to the amount and type of damage you might experience.
2) Put in your policy that any damage that exceeds the deposit will be due & payable within a given time frame, such as a month, and if not paid, will be charged as an assessment against the Lot.
3) Require insurance, particularly if there will be any alcohol served; they will need to provide a copy of their insurance with the HOA named as a co-insured, the amounts, and that the HOA is indemnified (they or their insurance pays for your lawyer to defend the HOA). Similar to what you'd expect of a landscaper, etc.
4) If you're a capitalist, "Charge what the market will bear." Be sure that your rental rates are similar to outside facilities, in order to have the Board excercising their fiduciary duty to the membership at large.
5) Require that they follow any state liquor control laws (such as providing a bartender, etc.).
You might include that if alcohol is served and they don't sign off that they will be doing so, they forfeit the deposit.
Most policies of this nature are written on a basis of experience - you get burned, you add to the policy. It's great that you're thinking ahead of the curve on this. If you want a copy of our park policy, email me:
[email protected] J. Patrick Moore, CMCA