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CathyA3 (Ohio)
Posts: 6,299
Posted:
At least in my state. And at the risk of starting another long discussion about this topic...

A recent blog post appeared in my news feed that addressed the issue of bingo games/raffles in community associations. It also touched on social events in general with this quote:

However, it is important to remember that the association cannot use its funds to conduct the game unless its governing documents specifically authorize spending on social functions.

The article referred repeatedly to "community associations", not just condominiums. So at least in my state, HOAs and COAs operate under the same rules: no spending association funds on social functions unless the governing documents authorize such spending.

For honks and giggles, I looked at the Declaration for a nearby HOA where I used to work. It states that assessments are to be used to promote the health, welfare, safety, recreation, etc. of the membership. The subsequent articles flesh this out but make it pretty clear that by "promoting recreation" they are referring to the physical maintenance of the pool, clubhouse, walking trails, sidewalks, lakes, picnic areas, and the common areas on which these items are located. I didn't read the entire document or the bylaws, though, so it's possible social events are mentioned elsewhere.

As usual, your mileage (and communities and states) may vary.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By CathyA3 on 05/13/2023 9:58 AM
I looked at the Declaration for a nearby HOA where I used to work. It states that assessments are to be used to promote the health, welfare, safety, recreation, etc. of the membership. The subsequent articles flesh this out but make it pretty clear that by "promoting recreation" they are referring to the physical maintenance of the pool, clubhouse, walking trails, sidewalks, lakes, picnic areas, and the common areas on which these items are located.
In my layperson's opinion this "fleshing out" has significant legal meaning. I think it means that the legal concept of expressio unius est exclusio alterius applies. The latter means 'when one or more things of a class are expressly mentioned, then others of the same class are excluded.'

I believe this is one of the principal reasons the blog Cathy linked and other legal web sites say what they do.
MaxB4
Posts: 3,513
Posted:
Quote:
Posted By CathyA3 on 05/13/2023 9:58 AM
However, it is important to remember that the association cannot use its funds to conduct the game unless its governing documents specifically authorize spending on social functions.

I am sure there was a legal citation for that statement.

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