Quote:
Posted By CathyA3 on 10/13/2019 9:11 AM
A tennis league has more in common with a business than it does with an occasional friendly game with a buddy.
Maybe. In
"Charterhouse Associates v. Valencia Reserve Homeowners Association" the HOA banned a personal trainer hired by a group of homeowners from their fitness center using the argument that the personal trainer was a licensee who could be banned under their rules. A lower court agreed that the HOA could do this because if the guy was getting paid then he was operating a business and while invitees are welcome to use the amenities, businesses are not.
An appeal was filed and the appeals court overturned the lower court's ruling. The court found that, "residents using the fitness center with their guests, regardless if they are providing companionship or workout guidance, are using the facility for its intended recreational purpose." Then they ruled that the ban on personal trainers conflicted with the CC&R’s provision granting access to the fitness center to owners’ invitees. The ban was found to be invalid because it exceeded the scope of the board's authority.
Now, the OP is in a different state and who knows which way the wind blows there, but nevertheless, there's an appellate ruling in at least one state that held a recreational amenity was being used for its indended purpose when residents are there with their guests regardless of whether anyone is getting paid or not.
This could also hinge on the wording of the association's governing documents. I've seen CC&Rs that explicitly define the terms:
Owner
Member
Voting Interest
Tenant
Guest
Visitor
Invitee
... and more. If you're planning to do any of that, be specific!