Public Use of Common Areas

First off: it sounds like your CC&Rs forbid opening the grounds to the public, so the board is violating your governing documents. Do you suppose they will fine themselves? :-)

We've talked about stuff like this in the past around here, and it sounds like you've got a good handle on why this is a bad idea. Here is a list of possible consequences (all of which my association's attorney has seen in other communities):

* Damage to the common elements. Unless everyone can walk to your community, you're likely going to have a heapin' helpin' of cars but nowhere to put them all. This means they'll park on lawns or people's driveways or in the street, causing traffic jams. And then there are the port-o-lets. Ew.

* Increase in crime rates. You will be giving strangers a perfect opportunity to case the joint or even steal things during the event. Do you plan to hire security folks to protect against things getting out of hand? May be a wise thing to do.

* Insurance. You'll need to beef it up to cover the additional liability. The last thing you want is someone to get hurt (accidentally or via a slip-and-fall staged accident) and your insurance refusing to cover your losses because such events were not part of your policy.

* Will you be charging admission fees? If so, this may have implications for your non-profit status.

* I suspect you're right about disability access. I believe that public facilities must provide for the needs of disabled people, and you're turning your private common space into public space. Your association's attorney may be helpful if you run this by him/her.

* Last but not least, I assume there will be some homeowners who will have no interest in the event and who will be disturbed by the noise and commotion. That's hardly fair to them. And to add insult to injury, they'll have to pay should any of the events above occur.

I agree with you that this shouldn't happen. It sounds like the current board has made up its mind, but I think that I would send them a letter outlining your objections and the justifications for each objection.

I hope you'll succeed in getting their attention.

Effective 1/18, Barbara, was new CA legislation where residents may use the common areas for events related to HOAs and even political candidates in your area if they come to speak about HOAs. The HOA cannot even charge the candidate or group a deposit or rent for the space.

Are these two events of this type??

I'm, sorry i can't remember the details and don't have time to look it up right now, but see if you can't find it at davis-stirling.com on their Main Index. I also can't think of what the heading would be. Community Room Use? Common areas and look at the cate gorges therein?

It's nots that such common areas can be used for any public event, just certain ones and your HOA's rules to use these areas would need to be updated to include the concerns you & Cathy expressed.

No, I'm referring to one that became effective on 1/18. I'll see if I can find it now. A crafts fair would not qualify.

Thanks Kerry. Don't know if you noticed that I had provided that very link in my previous reply to you.

There is tremendous apathy in my HOA. Attendance at meetings varies but those numbers seem to be dwindling.

Perhaps the board will change their behavior if it hits them in the pocketbook. I am not one to advocate a lawsuit - I would rather consider ADR/IDR to present my concerns. Maybe that would be effective because we're not getting anywhere with the current strategy. Time to think out of the box.

Thank you, Geno.

Breach of duty may have been a little harsh - thanks for putting it into perspective.