Homeowner donation for HOA park

MichaelT21 (Arkansas)
Posts: 462

Posted:

We have a homeowner who wants to make a donation of a physical item to one of our parks. There is some interest in this item. It's cute, likeable, and fun, but the Board doesn't have time to add this to the list of things that we care for and maintain. The homeowner says that she can maintain it, but we've seen that offered many times and often homeowners not on the Board move on to other things and don't actually maintain their donation.

I would like to simply say no.

My arch critic is trying to use this as another example how I don't listen to the community. After all, the parks belong to the community and the Board should allow the community to do what they want with them.

I think we're a bit stuck here. We want to be nice, kind, and inclusive of our community. At the same time, we recognize that homeowner donations may be problematic, with regards to positioning, maintenance, and responsibility. We do realize the ultimate responsibility for keeping our parks in good operating order falls on the Board and we can't offload that to individual homeowners.

Thoughts?

LayaS (Nebraska)
Posts: 249

Posted:

Quote:

Posted By MichaelT21 on 10/28/2022 9:06 AM
the ultimate responsibility for keeping our parks in good operating order falls on the Board and we can't offload that to individual homeowners.

Thoughts?

Why not? Can't there be a parks committee for park maintenance? Under board supervision of course, but don't micromanage.

MichaelT21 (Arkansas)
Posts: 462

Posted:

Quote:

Posted By LayaS on 10/28/2022 9:15 AM

Posted By MichaelT21 on 10/28/2022 9:06 AM
the ultimate responsibility for keeping our parks in good operating order falls on the Board and we can't offload that to individual homeowners.

Thoughts?

Why not? Can't there be a parks committee for park maintenance? Under board supervision of course, but don't micromanage.

We do not have a parks committee and we have not had any homeowner interest in serving on a parks committee. We have several committees but do not have volunteers who want to serve on any of them. We do have an ACC committee which has several volunteers, but the work is limited to reviewing one e-mail a month with comments / approvals on ACC applications so the workload is low for that committee.

Even so, even if we had a parks committee, the Board is still ultimately responsible for the maintenance of the parks, as the Board is one to allocate funds and hire vendors to do work.

I have read that many parks committees go sideways when those on the committee overstep their bounds.

LayaS (Nebraska)
Posts: 249

Posted:

Quote:

Posted By MichaelT21 on 10/28/2022 9:19 AM

Posted By LayaS on 10/28/2022 9:15 AM

Posted By MichaelT21 on 10/28/2022 9:06 AM
the ultimate responsibility for keeping our parks in good operating order falls on the Board and we can't offload that to individual homeowners.

Thoughts?

Why not? Can't there be a parks committee for park maintenance? Under board supervision of course, but don't micromanage.

We do not have a parks committee and we have not had any homeowner interest in serving on a parks committee. We have several committees but do not have volunteers who want to serve on any of them. We do have an ACC committee which has several volunteers, but the work is limited to reviewing one e-mail a month with comments / approvals on ACC applications so the workload is low for that committee.

Even so, even if we had a parks committee, the Board is still ultimately responsible for the maintenance of the parks, as the Board is one to allocate funds and hire vendors to do work.

I have read that many parks committees go sideways when those on the committee overstep their bounds.

I get that. Sometimes it's more trouble than it's worth and getting volunteers seems to be a universal problem in HOA land.

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Quote:

Posted By MichaelT21 on 10/28/2022 9:06 AM
We have a homeowner who wants to make a donation of a physical item to one of our parks. There is some interest in this item. It's cute, likeable, and fun, but the Board doesn't have time to add this to the list of things that we care for and maintain. The homeowner says that she can maintain it, but we've seen that offered many times and often homeowners not on the Board move on to other things and don't actually maintain their donation.

I would like to simply say no.

My arch critic is trying to use this as another example how I don't listen to the community. After all, the parks belong to the community and the Board should allow the community to do what they want with them.

I think we're a bit stuck here. We want to be nice, kind, and inclusive of our community. At the same time, we recognize that homeowner donations may be problematic, with regards to positioning, maintenance, and responsibility. We do realize the ultimate responsibility for keeping our parks in good operating order falls on the Board and we can't offload that to individual homeowners.

Thoughts?

"We" aren't stuck here, you are. Man up and advocate for what you think is right.

LetA (Nevada)
Posts: 2,679

Posted:

Can you elaborate on what the item is and why the resistance on accepting the item?

MichaelT21 (Arkansas)
Posts: 462

Posted:

Quote:

Posted By JohnT38 on 10/28/2022 9:36 AM

Posted By MichaelT21 on 10/28/2022 9:06 AM
We have a homeowner who wants to make a donation of a physical item to one of our parks. There is some interest in this item. It's cute, likeable, and fun, but the Board doesn't have time to add this to the list of things that we care for and maintain. The homeowner says that she can maintain it, but we've seen that offered many times and often homeowners not on the Board move on to other things and don't actually maintain their donation.

I would like to simply say no.

My arch critic is trying to use this as another example how I don't listen to the community. After all, the parks belong to the community and the Board should allow the community to do what they want with them.

I think we're a bit stuck here. We want to be nice, kind, and inclusive of our community. At the same time, we recognize that homeowner donations may be problematic, with regards to positioning, maintenance, and responsibility. We do realize the ultimate responsibility for keeping our parks in good operating order falls on the Board and we can't offload that to individual homeowners.

Thoughts?

"We" aren't stuck here, you are. Man up and advocate for what you think is right.

Yes, I agree. I just an a little intimidated by attorney-critic who is out to try to flame me left and right.

Of course, as you guys know, I seem to have a pretty thick skin to stick around here. If that represents me in real life, which it does, then I just need to be as bullheaded as normal.

I think it's fine to accept if a Board member is willing to take on the responsibility for this item. If no Board member wants to take responsibility, we should decline the donation offer.

MichaelT21 (Arkansas)
Posts: 462

Posted:

Quote:

Posted By LetA on 10/28/2022 9:36 AM
Can you elaborate on what the item is and why the resistance on accepting the item?

The thing that is being offered is not really important.

The principle is what is more important, and my resistance is simple as this: We are a group of volunteers with limited budget, limited personal time, and limited capacity for doing work around the community. Accepting this donation would, in some way or fashion, increase our time commitment to the community and we are at max capacity right now. Thus, we cannot accept donations like this.

AugustinD
Posts: 1,027

Posted:

Quote:

Posted By MichaelT21 on 10/28/2022 9:41 AM
Of course, as you guys know, I seem to have a pretty thick skin to stick around here.

I noticed this. And it does tend to bring out the better side of people. So I chalk one up for you here.

I too am interested in the approximate value of this donated item.

Also is there any chance the insurer would say no?

I believe there are a number of legal problems (all much discussed here), from insurance to how this donation is reportable as non-exempt income on the HOA's taxes, and so on.

But this attorney-cretin that is jumping down your throat all the time will not be convinced. I think accepting this is important.

I am all for ignoring attorney-cretin-owners. It tends to make them go ballistic and so causes them to suffer. Score another for you.

LayaS (Nebraska)
Posts: 249

Posted:

Quote:

Posted By MichaelT21 on 10/28/2022 9:43 AM

Posted By LetA on 10/28/2022 9:36 AM
Can you elaborate on what the item is and why the resistance on accepting the item?

The thing that is being offered is not really important.

The principle is what is more important, and my resistance is simple as this: We are a group of volunteers with limited budget, limited personal time, and limited capacity for doing work around the community. Accepting this donation would, in some way or fashion, increase our time commitment to the community and we are at max capacity right now. Thus, we cannot accept donations like this.

It's a bouncy house, isn't it? If it is, the kids would love it.

KerryL1 (California)
Posts: 14,550

Posted:

Who does maintain your parks' items at this time, MichaelT? I think you've mentioned playground equipment and picnic table, etc. doesn't someone or some firm clean them, touch-up paint, etc?

We often have residents who want to "donate" equipment to our gym. The answer always is no as our gym equip vendor only has a contract for certain pieces. Without him maintaining the equipment, the Board/assn. would absolutely be liable if anyone got hurt on a donated piece

MichaelT21 (Arkansas)
Posts: 462

Posted:

Quote:

Posted By KerryL1 on 10/28/2022 10:01 AM
Who does maintain your parks' items at this time, MichaelT? I think you've mentioned playground equipment and picnic table, etc. doesn't someone or some firm clean them, touch-up paint, etc?

We often have residents who want to "donate" equipment to our gym. The answer always is no as our gym equip vendor only has a contract for certain pieces. Without him maintaining the equipment, the Board/assn. would absolutely be liable if anyone got hurt on a donated piece

That's the issue. We have no professional who does minor maintenance tasks around our community. Homeowners, primarily me, do that ourselves. Our landscapers do some of the work that is part of their contract. Our homeowners generally take care of our parks. But if minor maintenance does pop up, and no one else does it, then I get to do it.

This item will require some amount of maintenance. It will get dirty from time to time and need to be cleaned. It will grow algae on it. Kids might doodle on it with sharpies markers. Other things might happen. A homeowner has promised to take care of all of that, but ultimately, I think the Board will end up with the responsibility. And by Board, I mean me.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Michael

I would turn the gift down based on insurance and maintenance issues.

BillH10 (Texas)
Posts: 1,217

Posted:

I agree with JohnC46.

First, if the item is not constructed to commercial use specifications, you may have issues with your insurance carrier about it.

Secondly, there was a massive lawsuit in (Nevada? Las Vegas?) as the result of improperly maintained playground equipment in a HOA park--a swing set I believe. You may wish to research what took place and how your association could find itself in similar circumstances--especially with volunteer maintenance which may nor may not meet manufacturer maintenance standards for whatever the gift is.

Thirdly, since it was mentioned by another person who posted, our insurance agent told us years ago bounce houses are asking for personal injury lawsuits and should be avoided. Our boards over the years have agreed.

BillD16 (Texas)
Posts: 973

Posted:

I’d want to know how much money and effort will be required to install / maintain / remove the Item. Reducing the case to actual $$$s and Hours often turns a drab argument into a compelling argument.

Is there any way you can set this up so that the homeowner / donator agrees to be the “Item Committee”? With the proviso that the Item is removed if the Item Committee is empty for (say) 3 months?

Back to the $$$: if you can show that the TCO is impressively large, Bizarro MichaelT will have little choice but to agree.

Here’s a thought: if he wants it badly enough, will Bizarro MichaelT agree to head the Item Committee?

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”

LayaS (Nebraska)
Posts: 249

Posted:

Quote:

Posted By BillH10 on 10/28/2022 11:29 AM
I agree with JohnC46.

First, if the item is not constructed to commercial use specifications, you may have issues with your insurance carrier about it.

Secondly, there was a massive lawsuit in (Nevada? Las Vegas?) as the result of improperly maintained playground equipment in a HOA park--a swing set I believe. You may wish to research what took place and how your association could find itself in similar circumstances--especially with volunteer maintenance which may nor may not meet manufacturer maintenance standards for whatever the gift is.

Thirdly, since it was mentioned by another person who posted, our insurance agent told us years ago bounce houses are asking for personal injury lawsuits and should be avoided. Our boards over the years have agreed.

I don't know if it's a bounce house. I was just being ornery.

LayaS (Nebraska)
Posts: 249

Posted:

Quote:

Posted By BillH10 on 10/28/2022 11:29 AM
I agree with JohnC46.

First, if the item is not constructed to commercial use specifications, you may have issues with your insurance carrier about it.

Secondly, there was a massive lawsuit in (Nevada? Las Vegas?) as the result of improperly maintained playground equipment in a HOA park--a swing set I believe. You may wish to research what took place and how your association could find itself in similar circumstances--especially with volunteer maintenance which may nor may not meet manufacturer maintenance standards for whatever the gift is.

Thirdly, since it was mentioned by another person who posted, our insurance agent told us years ago bounce houses are asking for personal injury lawsuits and should be avoided. Our boards over the years have agreed.

I don't know if it's a bounce house. I was just being ornery.

LayaS (Nebraska)
Posts: 249

Posted:

oops sorry about the double post. I guess I was being doubly ornery.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By MichaelT21 on 10/28/2022 9:06 AM

I would like to simply say no.

Well, it's a board decision.
YOU are one vote.
Vote how you desire.
Majority vote wins

WendyM5 (North Carolina)
Posts: 1,522

Posted:

Quote:

Posted By LayaS on 10/28/2022 9:59 AM

Posted By MichaelT21 on 10/28/2022 9:43 AM

Posted By LetA on 10/28/2022 9:36 AM
Can you elaborate on what the item is and why the resistance on accepting the item?

The thing that is being offered is not really important.

The principle is what is more important, and my resistance is simple as this: We are a group of volunteers with limited budget, limited personal time, and limited capacity for doing work around the community. Accepting this donation would, in some way or fashion, increase our time commitment to the community and we are at max capacity right now. Thus, we cannot accept donations like this.

It's a bouncy house, isn't it? If it is, the kids would love it.

Or a sex swing which the adults would love lol

vis ta vie

BillD16 (Texas)
Posts: 973

Posted:

Quote:

Posted By WendyM5 on 10/28/2022 3:09 PM

Posted By LayaS on 10/28/2022 9:59 AM

Posted By MichaelT21 on 10/28/2022 9:43 AM

Posted By LetA on 10/28/2022 9:36 AM
Can you elaborate on what the item is and why the resistance on accepting the item?

The thing that is being offered is not really important.

The principle is what is more important, and my resistance is simple as this: We are a group of volunteers with limited budget, limited personal time, and limited capacity for doing work around the community. Accepting this donation would, in some way or fashion, increase our time commitment to the community and we are at max capacity right now. Thus, we cannot accept donations like this.

It's a bouncy house, isn't it? If it is, the kids would love it.

Or a sex swing which the adults would love lol

I bet your neighborhood is an extremely interesting place.

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”