The right to close off a common area

Can an HOA board close off an entire gym for an hour per day, four days a week, for the exclusive use of 4 or 5 residents who pay a nonresident to teach a class? We have 350 homes, and it seems illegal for the HOA board to do this. Nothing in our documents says the board can give a paid contractor free use of any part of our amenity center. Although it does mention renting out spaces in our Amenity Center.

What are these "spaces" in your Amenity Center? What size are they? What are they used for?.

Yes, please write what comprises this "amenity center." What activities are held there? What equipment, if any, is there?

This has nothing to do with a "paid contractors." It's about access to all who pay dues. in my opinion, IF ALL units or homes pay equal dues, which, of course, include protecting & maintaining all common area amenities, no owners should be locked out during any portion of their open hours.

WHO decided this special elite group of owners could monopolize this area? The Board? If so, surely their decision to approve this blatant kind of favoritism was made in an open meeting as required by FL statutes, right? Therefore, the decision was memorialized in the minutes for that meeting. What do those meeting minute say?

You say "free use", but is it really free is the question.

Maybe I caused confusion? In my Multi-story condo HOA, there is a "Lounge" that holds about 60 people It has a big screen TV and a modest kitchen w/fridge, microwave/toaster oven and decent counter space.Any resident may use it at any time- 8a-11p.

But residents also may reserve/rent this space and there's a clear form to fill out and rules. There'a non-refundable fee based on the # of expected guests, and a refundable cleaning deposit.

But none of our other common area amenity ares may be reserved for private use, e.g., the pool/spa area, the BBQ area, the Billiard Room, the gym.

That's my major concern. Is the HOA covered if this activity is considered "business use" (very possibly not)? Do the classes involve physical activity (yoga, Pilates, etc.)? Has the association required signed waivers of liability as a condition of participation (probably not)? Does the instructor carry the necessary insurance and/or licenses, if appropriate?

Also, if the association chooses to charge a rental fee, they need to consider the tax implications of that income. They also need to make sure that if they're opening the facility to non-members that they aren't crossing over into ADA territory (this could be an issue if the restrooms are not accessible).

This activity could be a whole lot different than a resident reserving space for a private party, which is typically a one-off and not a recurring event.

So I don't see the issue as closing off a common area so much as it is the potential liability risks to the association.

It's a can of worms...

I can see Cathy's interest in insurance, and others about who/how the instructor is paid, etc.

But the OP's specific question is: Can/should the Board close off a common area amenity to almost all residents (for NON-community events) to be monopolized by 4-5 residents?

All owners pay to maintain it, and into reserves to repair and replace items in it. I just can't think of any reason why these few owners should benefit at the expense of the many. IF there is a policy in place about renting out this particular area that's different story.

Exclusive use of a common area requires a vote of the membership.