Board Decision on Swing Set (NC HOA)

Mark

We have a similar situation. A small group of owners have been pushing for additional landscaping, picnic tables, a gazebo, etc. around our retention pond. The BOD will not spend the money (and we have it) as we consider it an approvement that few will use. Only about 15% of our owners live near and/or see the retention pond. The other 85% do not see nor pass by the pond.

We have told the group that if they get 51% of the owners to approve the expenditure then we will "consider" it. Until that time it is dead. We suggested they put in on the ballot for our upcoming Annual Meeting. They passed on that idea.

A BOD has to look at the whole picture and maybe in your case, the expenditure will only be applicable to those with children so it is not an expenditure for the betterment of the majority. As a member of the BOD I have voted for things I do not like and against things I do like as I always ask myself. Is this in the best interest of the majority of our association?

> What you can do is recall some or all of them.

That's your answer. Incidentally, it takes a lot less effort and involvement than getting signatures from every lot.

By the way- in this litigious age- make sure you have a strategy for insurance.

Kerry

What is the amenity? In many condos a Depend's dispensing machine could make money, versus a condom dispensing machine......LOL

There could be an insurance issue - if you don't get the right one and someone gets injured, the Association will be in for a world of hurt.

You may not be aware of this either, but you can't get the type that you might find at your conventional hardware store - you'll need a commercial set that's designed to be used by lots and lots of kids (unlike the stuff you might find at Home Depot, which is intended for use in a single family's yard) The size of the playground is also a factor - the Consumer Product Safety Commission regulates what size contraption can go in a given size of space, so even if your board does decide to get a swing set, the space may be too small for swings.

Our association used to have the swing set but weather and vandalism killed it (swings are attractive to hoodlums who cut them down and use the chain link for nasty weapons). The first time we replaced it, I went to a local company that sells lots of outdoor equipment and I remember the salesman cautioning me that although their stuff did have a reputation for being fairly durable, we might be better off with a commercial set. Which was too expensive at the time, so we went with that set.

We asked the parents to monitor the playground to ensure kids wouldn't do anything stupid and hurt themselves (all kids have a little daredevil in them, after all), but we rarely saw any (I know because the playground was behind my house). Pretty soon, the vandals were back, swiping the swings and the trapeze and eventually we had to tear the thing down because it had worn down to the point we feared someone would wind up with a hand full of splinters.

Our board president (vice president at the time) pushed for a third set because he has two small kids and there were a lot of kids in the community at the time. This time, we went to a commercial dealer who came out and looked at our space and we got the most appropriate one (turns out our space was too small for swings). It has a type of monkey bars and slide, but that's it. Some homeowners balked at the cost ($5,000) for such a small set, but clammed up when we told them about the safety requirements.

So, learn from my story - I hope you do get your equipment, if that's what the community wants, but remember there are other factors you need to consider. Good luck!

To many times owners who pay CCs come to believe the board then becomes the Make A Wish Foundation.
For their monthly dues they should get whatever they want regardless of what might be best for the community, what might be desired by ALL the residents, the cost, the long term cost of maintaining, the percentage of owners served by this expense, the liability risk imposed on ALL the owners among many other considerations.

One resident here wanted us to build a dog park. With 100+ units we have maybe 10 dogs. How would that cost be beneficial to the other owners? Or di they even care?

We also received a request for bar-b-que equipment in the common area. At what cost? Who then gets to clean up the mess left by those irresponsible users? Insurance risk should someone get hurt on common property.

And we had like in this case a request for a playground area. At what cost? Who bothers to care? Where?? Would you like this playground near your home or unit? I know I don't. Risk??? Should some child unfortunately be injured what risk does that put the other owners in?

Board's in my view must sometimes be the grown-ups when the owners decide to act like kids who have no regard for the cost or consequences of their decisions. I want therefore you should give me.

Some time ago we had a full grown tree that was split in half during a storm. It was cut down and the stump ground out. The owner whose unit was closest to this tree requested the board replace it with a FULL GROWN 40-50' similar tree. When I met with him I reminded him we occupy 16 or so acres, the property has several hundred tress which was maintain, trim and service and it would be costly to bring in and plant a full grown, full size replacement.
His solution the cost could be divided among ALL the owners for his tree! Such logic deserves no place in board decisions in my view.

Was that what was best for the community? Who cares........ I want it therefore I should get it.

If not we can work to remove that damn board!

Along with JohnC, I agree with you too, Jon.

But I do wonder how Mark's Board could justify telling the ones who want swings to collect an approval for every lot.

I guess a board could make a decisions to ask for that from those who want the swing. Pretty strong though.