Removing a tennis court in Colorado

Started by KristinH1 • 15 replies • 930 views

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KristinH1 (Colorado)
Posts: 4

Posted:

Hi all,
Do any of you have any guidance or advise on whether or not the Board of an HOA in Colorado can remove a tennis court that is completely cracked and at this point unsafe to use? It seems to me that the Board has that authority without having to get a vote from members on this, but a few things I have found state that we would need to repair it, unless we get a vote.
Thanks!

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By KristinH1 on 02/06/2020 8:30 AM
Hi all,
Do any of you have any guidance or advise on whether or not the Board of an HOA in Colorado can remove a tennis court that is completely cracked and at this point unsafe to use? It seems to me that the Board has that authority without having to get a vote from members on this, but a few things I have found state that we would need to repair it, unless we get a vote.
Thanks!

Is the tennis court listed in your HOA's Declaration as a common element?
If so then it is highly likely that the Declaration requires the HOA to maintain it (just as you indicated) until such time as the membership votes to remove the tennis court or stop maintaining it, by whatever vote the Declaration requires for an amendment.

If you post the section on your Declaration that speaks of the tennis court and the section on amending, this would be helpful.

Keep in mind that the Board may respond that there is not enough money in the reserve fund or operating budget to make the repairs and that a Special Assessment will be required.

SheliaH (Indiana)
Posts: 6,964

Posted:

When we got rid of our pool, we asked our attorney about this. He said the language in our documents actually gave the Board the authority to get rid of the pool without a homeowner vote. I don't remember the details (it's been over six years now), but we sent letters to the homeowners, explaining the pros and (mostly cons) of keeping the pool, complete with financial information on what it would cost to fix it because major repairs were necessary. It took a year and a half, but we did get the 75% majority our documents referred to when amending CCRs. No one's said anything about bringing it back or yelled when it was filled in.

I'm sure I have some old, old conversations on this board about the pool because I came here looking for various suggestions (all very helpful). For what it's worth, even if your association attorney looks at the documents and feels a homeowner vote isn't necessary, I suggest you go ahead and get one, so you don't have any complaints about the board overstepping its authority. Get the numbers on what it would cost to repair it, along with usage (was there a significant percentage of homeowners using the court before it got all jacked up?) Present all that to the homeowners with the board's recommendation, and then sponsor a vote, so everyone makes an educated decision. Good luck!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Quote:

If your community has lots of pets that are indoors, consider converting the tennis court into a dog park. It's what we did w/ our tennis court that had fallen into disrepair. We installed a wide access gate in the fence, had a tree company deliver freshly ground trees that were headed for the the dump, got a person w/ a tractor to install and spread it across the court.

It's definitely outside the box.

LetA (Nevada)
Posts: 2,679

Posted:

Whatever you do, do not let them talk you into converting the tennis court into a pickelball court. #3LL NO!!!!!!!

GenoS (Florida)
Posts: 4,276

Posted:

We had people suggesting converting one of our two tennis courts into pickleball courts. I had no idea prior, but it turns out I now completely agree with LetA. We also had suggestions to turn the tennis court into a small dog park. The size was nowhere near accepted minimums for even 3 dogs, the asphalt surface would have been soaked in dog urine if left alone, and removing the asphalt would have resulted in a mudhole 6 months out of the year during the rainy season. The drainage around the area would go directly into a storm drain that lead to our retention pond. The county required the written assent of every homeowner within 300 feet of the dog park and that would include about 20 homes in another subdivision on the other side of our back fence. There are a lot of dogs here, but a tiny dog park like that was simply more trouble than it was worth. And that's assuming everyone using it abided by the Rules for the dogpark. Adhering to the rules is the key to any successful dog park, from what I've read. And that means enforcing the rules. No one here was interested in that at all, so the idea died on the vine.

We're still looking for an alternate use for our tennis court. We'd probably get rid of both of them if a good solution presented itself.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By LetA on 02/07/2020 5:18 PM
Whatever you do, do not let them talk you into converting the tennis court into a pickelball court. #3LL NO!!!!!!!

Why not Pickle Ball?

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Quote:

Posted By JohnC46 on 02/08/2020 2:10 PM

Posted By LetA on 02/07/2020 5:18 PM
Whatever you do, do not let them talk you into converting the tennis court into a pickelball court. #3LL NO!!!!!!!

Why not Pickle Ball?

The complaints I've seen seem to be about the noise.

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By JohnC46 on 02/08/2020 2:10 PM
Why not Pickle Ball?

Noise, for one. It's very popular around here and people play all day long. Great for a "good use" for a bit of common recreational property, but not so great for the neighbors who have to put up with being deprived of the "quiet enjoyment" of their property. It can be quite the nuisance.

If the pickleball courts were far enough away from the residences, then it might warrant some consideration, but I'm pretty sure the number 1 complaint re. pickleball is noise.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I love the dog park idea. Even something for kids. However, for me it would come down to a membership vote and not just a board. It's such a large common item that don't think board should decide what to do with it. Think it's an opportunity for the board to FASCILITATE the change. Not dictate it.

Former HOA President

LetA (Nevada)
Posts: 2,679

Posted:

Quote:

Posted By JohnC46 on 02/08/2020 2:10 PM

Posted By LetA on 02/07/2020 5:18 PM
Whatever you do, do not let them talk you into converting the tennis court into a pickelball court. #3LL NO!!!!!!!

Why not Pickle Ball?

The Noise for one

GeorgeS21 (Florida)
Posts: 3,808

Posted:

If not specifically listed as a major capital resource, or noted as a core component of the HOA, and, if it has gotten little use, and has become an eyesore, and, if there is nothing specifically saying a membership vote is, required ...and, the Board feels they have broad majority support to get rid of it ... I would feel comfortable removing it. KNOWING the repairs would likely be about the same as replacing the entire thing should there be a lawsuit where the H loses or chooses not to fight.

A bigger question, as noted, is how it should be repurposed ... while not a voting context for me, I would certainly set up some form of membership involvement ... committee to poll via email, walkabouts to talk with residents, good sampling, etc ...

Me?
- dog park - no. Smell, cleanup, liability.
- pickleball - no. Noise, after hours use, etc.
- shuffleboard - maybe - low impact, low noise. Depends on age demographics. People can bring their own equipment. Watching benches suitable.
- horseshoes - maybe - low impact, low noise. Watching benches suitable.
- volleyball/badminton- maybe - low impact, some noise. Watching benches suitable.

KristinH1 (Colorado)
Posts: 4

Posted:

Thanks so much for your reply. The tennis court is a common element that is totally unsafe at the moment. Because of that, we could remove it without a vote, but we will send an email to get feedback from homeowners about what to do in place of it. We will be giving them some choices and we will see what people think. We have 32 homeowners, and honestly, if I get 30% of those to respond, that will be good. The reserve fund does not have the money to repair the court, and a special assessment would indeed be required to accomplish that. With so many out of work due to the Corona Virus, a special assessment is something I will not even consider doing as president.

SheliaH (Indiana)
Posts: 6,964

Posted:

I suspect you'll be able to get rid of it, especially if you can run some numbers and present those to the homeowners as well. They need to understand that if they really want this thing, it must be repaired and that will cost money. Meaning there will need to be higher assessments and/or a special assessment to cover it and the other association's expenses. As you said, the fallout from COVID-19 alone should be enough for people to realize money is better spent on something other than a tennis court right now.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

KristinH1 (Colorado)
Posts: 4

Posted:

Indeed. Thank you, Shelia!

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By KristinH1 on 04/18/2020 4:13 PM
The tennis court is a common element that is totally unsafe at the moment. Because of that, we could remove it without a vote

Does the Declaration say the tennis court may be removed if it is unsafe?

More usual is for the Declaration to say that the HOA is required to maintain and repair common elements. Nationwide common elements often end up in an unsafe condition. Then it is the HOA's and Board's duty to repair the common elements to a safe condition.

Quote:

Posted By KristinH1 on 04/18/2020 4:13 PM
With so many out of work due to the Corona Virus, a special assessment is something I will not even consider doing as president.

I trust you meant that you as a director will not vote for a special assessment. It's the board, not the president, that calls the shots in this.

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