Amending Declarations to add park equipment

Hi! Our Village has presented the community with the option to install Play Equipment if the HOA will maintain the landscaping as we already do, purchase mulch as needed and pay for consumables as needed. Over many months this has gone back and forth and the Village and their attorney have asked to amend the Article under the Common Area in our declarations to exclude park equipment from the HOA responsibility as the HOA would not be responsible for the actual equipment (Village will be). After our attorney reviewed this he does not agree we need to amend the declaration for this. Since this is something new to us - is it common for declarations to include specific items such as playground equipment? We initially thought there would be a written agreement/contract but seems someone is a little apprehensive to do that and suggests amending the declarations.

Hi Tim, I am glad you responded - you seem very knowledgeable on all the threads you reply to! Village is the city and all park equipment on the common areas throughout the city is public. We have discussed the law suits aspect and if something were to happen we know we would be named in a lawsuit regardless, even our attorney has mentioned this with everyone being so sue happy. We maintain the common areas currently and if the Village places the playground equipment on it the HOA will have no responsibility for the actual equipment - does this make sense? The village seems apprehensive to put this into a contract and they suggested amending the declarations so the HOA is not responsible for the equipment on the common area. I also think adding it to the declarations would be helpful because it would require 51% of the residents and then they can ultimately have a say if it gets installed or not.

Tim hit all the nails. I would agree with your attorney and Tim. Instead of amending CCR's have a contract with the city which places them as the responsible party for the equipment.

Along with maintenance, is the city willing to assume liability? What if the city cuts back on maintenance at some point and the playground equipment falls into disrepair. Who's liable if somebody gets hurt?