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CS10 (Maryland)
Posts: 33
Posted:
Our swim team Parent rep's one kid was put as Paid assistance coach since 2021. They didn't send out any communication if anyone wants be a paid assistance coach. In 2023 both his kids getting money, no email for other kids. Eventually because of this conflict he became advisor in 2023 but still voted in one of issue I brough up about non resident swimming in team.

They filed for non profit in 2023 before that it wasn't non profit. I became board member and wants to end this as Parent reps and Core team is more favorable to some but don't benefit all.

In 2023 April as they were allowed non resident I registered my niece but they didn't let her in the team, by giving bull reason "Oh I thought we will have more kids but once I asked coach it was fine." They refused 5 year old baby girl from swimming in the team.

In 2023 June when I raised issue as some non resident kids were swimming, Parent rep who has his 2 kids making money presented whole power point in favor of non resident kids. He also voted in favor of allowing non residents while was only advisor.

In 2023 one of core team member's son was appointed assistance coach for SSL hours, while all other kids had to clean up and lift chairs for same hours. I fought for it and eventually it was opened for most of the kids.

In 2024 finally they started sending out recruit email for paid assistance coach but again selected 2 kids of past parent reps. On top of it one of those kids is serving as life guard as well as swimming.

I haven't looked at the HOA documents but is this normal ?
CathyA3 (Ohio)
Posts: 6,299
Posted:
I think you're in the wrong place. HOAs don't regulate kids' swim teams or how they're managed. The only time an HOA would have anything to say is if the swim team is using HOA facilities - which would be very unusual.
CS10 (Maryland)
Posts: 33
Posted:
They are using HOA Swimming pool for summer league.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By CS10 on 11/19/2024 12:35 PM
They are using HOA Swimming pool for summer league.

Many consider that a no no for many reasons including insurance.
ElleN (Idaho)
Posts: 1,334
Posted:
Quote:
Posted By CS10 on 11/19/2024 12:35 PM
They are using HOA Swimming pool for summer league.
By my reading, this is not normal. Questions about outsiders' pool use come up at this forum often. Many issues arise from such an arrangement. Most prominent IMO are:

-- insurance concerns. Does the insurer know the HOA has contracted with a local swimming team? Insurance rates have skyrocketed. Many HOAs can no longer even get insurance.

-- Use of the pool by the swim team almost assuredly violates this HOA's covenants on use of the common areas. People are going to say, "Oh it's only a couple hours a day a few days a week." Those that say this do not understand covenants and how owners pay to maintain and use the pool.

-- Tax reporting requirements may result in the HOA paying a higher tax rate because of this non-exempt income.

Most importantly, unless you get on the board chances are you cannot do much to to effect change other than raise questions at the open forum section of board meetings.

Do you like having the swim team (and so some of your relatives?) use the pool? If so, stay quiet. If not, you have valid legal concerns but raising these concerns is best done by an attorney that one hires.
CS10 (Maryland)
Posts: 33
Posted:

Swim team has separate insurance and they are their own Non profit entity.

I don't like the way only one person gets all the money, while we pay for all the maintenance and upkeep. They keep selecting his kids as paid assistance coaches. Top of that they teach resident kid swimming but have no Insurance.

Our HOA fees keeps increasing and they also increased swim team fees for all.

I used to be in Core team for swim team but left as I didn't like what was happening.

While they allow outsiders but only who they want to allow. They want all for them selves.

I was elected as Board recently.

(My kids aren't of age to be coaches, all are under 10.)
ElleN (Idaho)
Posts: 1,334
Posted:
Quote:
Posted By CS10 on 11/19/2024 1:20 PM

Swim team has separate insurance and they are their own Non profit entity.
Not good enough. The Board should delegate someone to talk to the HOA insurer. Let the HOA insurer know that the HOA is violating its covenants to allow this swim team.

The swim team being a nonprofit is not relevant.

Quote:
Posted By CS10 on 11/19/2024 1:20 PM
I was elected as Board recently.
Figure out which covenants (on use of common areas and use of assessment monies) are being violated. Motion to consult the HOA insurer as described above.

The other issues you raise seem to pertain to the swim team's internal politics. The latter issues are not relevant. Keep your eye on the ball: This swim team most likely should not be using the pool in the first place, due to covenant violations and insurance concerns.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By CS10 on 11/19/2024 1:20 PM
... snip ...

While they allow outsiders but only who they want to allow. They want all for them selves.
...


Oooh, and a whiff of Fair Housing to top things off. I do hope association officers or managers aren't involved in trying to police this nonsense.

Frank discussions with your association's attorney and insurance agent, stat. And if it were me, I'd resign from the board because I don't want to be sued for others' stupid decisions.

I'm surprised that the membership isn't howling since this arrangement benefits a small portion of owners plus outsiders at the expense of the rest of the community. If this were Bill in Texas's community, people would be rioting.
DeanJ
Posts: 1,786
Posted:
This topic had morphed into 2 issues.

There exists a non-profit swim team and the HOA allows to use their swimming pool. That is really generous of the HOA, but this fact does not give the HOA any authority or reason to interfere with the swim team’s management or operation to include who is hired and who isn’t.

The second issue is insurance. The HOA has reason to require the swim team to maintain a liability policy meeting the needs of the HOA with the HOA as a named insured.

CathyA3 (Ohio)
Posts: 6,299
Posted:
There are other potential issues as well. For instance, if the HOA is renting out their facilities:

* Does the pool now fit the definition of "public" rather than "private", which means the facilities would need to be ADA compliant. They may already be - but if not, this could be a costly retrofit.

* Even if the swim team carries its own insurance and signs waivers out the wazoo, does renting out the facilities fit the definition of "commercial activity" and is the HOA insured for this? I'm guessing not - and the HOA doesn't want to find this out when they have an uninsured casualty on their property. It won't be pretty, and the board members who were responsible for agreeing to this arrangement will get hung out to dry (rightfully so). And any homeowners who were vocal in support of the swim team arrangement will be leading the torches and pitchforks crowd - because money.

* The fact that the team is made up of minors only ups the risk for the HOA.

We've had discussions in the past where HOA boards have been approached by local swim teams who want to rent the HOA's pool and locker rooms. Others can correct me if my memory is inaccurate, but I believe that the consensus was that this would be a bad move for the HOA, with all of the benefits going to the swim team and all of the risks and other downsides going to the HOA. Given that the HOA board has a duty to act in the best interests of the HOA, I can't see how something like this could possibly be consistent with the board's obligations.

At least one of the swim teams in the original threads offered to upgrade the pool and facilities at its own expense, which didn't make things better. In fact it made things worse, since it would have given the swim team some level of ownership interest in HOA property.

I hope the board of the OP's community comes to its senses and terminates this arrangement before something really unfortunate happens, because this is litigation waiting to happen.
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By CS10 on 11/19/2024 1:20 PM

Swim team has separate insurance and they are their own Non profit entity.

I don't like the way only one person gets all the money, while we pay for all the maintenance and upkeep. They keep selecting his kids as paid assistance coaches. Top of that they teach resident kid swimming but have no Insurance.

Our HOA fees keeps increasing and they also increased swim team fees for all.

I used to be in Core team for swim team but left as I didn't like what was happening.

While they allow outsiders but only who they want to allow. They want all for them selves.

I was elected as Board recently.

(My kids aren't of age to be coaches, all are under 10.)

There are not many situations where a board member has a conflict of interest in HOA business and has to recuse from board actions. But, due to the fact you have a child on the swim team have a conflict of interest because your children are on the swim team and should recuse yourself from all board actions on this matter.
CS10 (Maryland)
Posts: 33
Posted:
Thank you All,

Thank you for your response. I do not have any children participating in the swim team.

I will examine the covenants regarding common areas and investigate the insurance matters.

While the majority of the swim team participants are residents, there are also some non-residents involved.

Additionally, I would like to mention that in previous years, the swim team received initial funding. Last year, they requested additional financial support, which the board declined after I presented evidence of their acceptance of non-residents.

One parent, who is the spouse of the swim team representative, successfully ran for a position on the board. It appears that this was orchestrated to secure funding for the swim team. I guess I will raise concern to reject his voting in regard to anything swim team. Many residents may not be fully aware of the budgetary considerations and the various responsibilities of the HOA, as they are preoccupied with their daily lives in our community.

Despite pay of all the fees, one of the children of a former parent representative is profiting significantly from our facilities without contributing any rental fees.

The previous board mandated that all residents subsidize the recreational activities of a few families, which seems to contravene established regulations.

If the swim team has been provided with start-up funds and support through the use of the pool and associated expenses, it stands to reason that similar sponsorship or funding should be extended to other sports that residents wish to pursue.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By CS10 on 11/20/2024 6:54 AM
... snip ...
If the swim team has been provided with start-up funds and support through the use of the pool and associated expenses, it stands to reason that similar sponsorship or funding should be extended to other sports that residents wish to pursue.

Absolutely not. If such funds were provided, this was an inappropriate use of assessment dollars. Outsiders are not in any way entitled to such funding, and the fact that a previous board erred does not change that.

I'm not a fan of lawyering up for every little HOA dispute, but this rises to the level of deserving a legal challenge in my book. Simply booting the bad actors off the board is insufficient IMHO.
ElleN (Idaho)
Posts: 1,334
Posted:
Quote:
Posted By CS10 on 11/20/2024 6:54 AM

Additionally, I would like to mention that in previous years, the swim team received initial funding. Last year, they requested additional financial support, which the board declined after I presented evidence of their acceptance of non-residents.
Spending assessment dollars on an activity that does not benefit all owners violates the covenants.

I think you should quote to the Board exactly what the covenants say about spending assessments.

Some wise guy/gal may say something like, "Oh but supporting the kids is an investment in the well being of the HOA" yada yada. The courts would not view things this way. On issues like this, covenants are to be read narrowly (say the courts). Where the covenants name specific expenses for which assessments will pay, and the board spends money on some item that, with a stretch, might be rationalized as a lawful expense of the HOA, look out for either completely justified, enormous pushback from owners or possibly a lawsuit. In these days where insurers are just looking to cancel policies, even threats of a lawsuit spell jeopardy for a HOA insurance-wise.

As others said, ask the Board to consult the HOA attorney about spending money on the swim team and use of the HOA pool et cetera by the swim team.

Quote:
Posted By CS10 on 11/20/2024 6:54 AM
it stands to reason that similar sponsorship or funding should be extended to other sports that residents wish to pursue.
This is another good reason for not using assessment dollars on swim team. You should mention this. Whatever you can do to get the board to think in terms of fairness and emphatically as well, what the covenants and bylaws say, is good.

Remind the board that the courts enforce covenants as contractual terms. The covenants regarding the spending of assessment money are legally binding on the board.
ElleN (Idaho)
Posts: 1,334
Posted:
Quote:
Posted By CathyA3 on 11/19/2024 2:02 PM
Posted By CS10 on 11/19/2024 1:20 PM
... snip ...

While they allow outsiders but only who they want to allow. They want all for them selves.
...



Oooh, and a whiff of Fair Housing to top things off.
The non-HOA children, both on the team and wishing to be on the team but denied a spot, do not live in the HOA's housing. Nor are their parents seeking to buy or rent a home there and experiencing unlawful discrimination in the process of doing so. Fair housing legal issues do not arise.

I do not think alleging possible Fair Housing violations at every turn ("whiff"?) is wise. It causes confusion about what the Fair Housing laws say and their purpose. Boards need to understand when and when not to be alert to fair housing legal issues.

As was mentioned, public accommodation discrimination law may enter the picture. This is different from fair housing law.
SheliaH (Indiana)
Posts: 6,964
Posted:
What Cathy and ElleN said.

I see conflicts of interest all over the place, so if you and like-minded people succeed in stopping it (which may mean you resigning from the board to pursue this), the board can then establish or update a policy on using community amenities like the pool and clubhouse for profit and association financial support of non-association activities. For the last one, I say nope - it's one thing to hold a canned foods drive for a local food bank where residents bring donations to the clubhouse, but financial support of a swim team (whether the children of residents participate or not) isn't appropriate.

Talk to your association insurance for their take and then work with them and the association attorney on establishing a formal policy, approve it via board resolution at an open meeting and send copies of the policy to all homeowners with an effective date.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
CS10 (Maryland)
Posts: 33
Posted:
Thank you all.

I also noticed that while swim practices going on, they don't allow all residents to use pool. Is it also violation of term, where not all residents are getting benefit of pool being utilized ?

ElleN (Idaho)
Posts: 1,334
Posted:
Quote:
Posted By CS10 on 11/20/2024 9:34 AM

I also noticed that while swim practices going on, they don't allow all residents to use pool. Is it also violation of term, where not all residents are getting benefit of pool being utilized ?
Exactly. This is what several others and I are getting at. The covenants are almost assuredly crystal clear that the common areas (like the pool) exist for the benefit of all the owners. The owners pay for it. Owners are entitled to use it (pursuant to reasonable board-created rules like no 2 AM dips allowed; swimwear required; no glass in the pool area; no booze; et cetera). For one thing, this means that the board cannot restrict use of the pool to only some of the owners at any given time.

Much law exists on the two or so covenant issues being discussed in this thread. This forum gives a capsule view of what the law says. You all are volunteers. If the board resists your reasoning, or you do not feel you can be persuasive, try to emphasize the risks and get the board to consult the HOA attorney for the bottom line here.

Often the main function of a HOA attorney is to educate. This is money well spent, in my experience.

SheliaH (Indiana)
Posts: 6,964
Posted:
Do you have a SPECIFIC rule to this effect? If not, you should focus on the larger issue of the swim team's use of association amenities and the association's financial support. Get that resolved first, and then you might consider if you need a rule addressing access to the pool when other events are going on.

For example, are residents allowed to reserve the pool for a party? If so,you could establish a rule limiting the amount of time and/or days for reservations, say three weekdays, between 9 am - 11 am OR 7 pm to 9 pm. I'd also charge extra rental fees to cover lifeguard expenses and clean up, and perhaps more rules prohibiting alcohol during the event and mandatory chaperones if guests are under 18.

All this may be a good time to take a good look at all your pool rules (if you don't have any, it's time you did, and I'm not just talking about swim teams). Consider other problems you may have had and whether current rules need to be tweaked.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
CS10 (Maryland)
Posts: 33
Posted:
Here are some rules from covenants.

4 COVENANT FOR MAINTENANCE ASSESSMENTS ..

4.1 Creation of the Lien and Personal Obligation of Assessments. There are hereby created assessments for Common Expenses as may be from time to time specifically authorized by the Board of Directors to be commenced at the time and in the manner set forth in this Article IV. The assessments for Common Expenses may vary among different Lots as a result of different benefits to different Lots as set out more specifically hereinafter. Each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (i) annual assessments or charges,("Annual Assessments"), and (ii) special assessments for capital improvements, ("Special Assessments"). The Annual and Special Assessments, together with interest, costs, and reasonable attorneys' fees, shall be a charge on the Lot (including all improvements thereon), and shall be a continuing lien upon the property against which each such assessment is made, provided the requirements of the Maryland Contract Lien Act, if applicable, have been fulfilled. Each such assessment, together with interest, costs, and reasonable attorneys' fees, also shall be the personal obligation of the person who was the Owner of the Lot at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to a prior Owner's successors in title unless expressly assumed by such successors.

4.2 Purpose of Assessments. The Assessments levied by the Association shall be
used exclusively for the following purposes:

4.2.1 To pay taxes and other governmental charges and assessments on the
HOA Area;

4.2.2 To promote the health, recreation safety and welfare of the residents of the Lots;

4.2.3 To pay all administrative, managerial, legal, insurance and any other

costs or expenses incurred by the Association in the operation of the Association;

4.2.4 To provide adequate reserve for maintenance, repair and replacement of any structures or improvements situated on the HOA Area;

4.2.5 To provide the availability of cable and communication service (including but not limited to internet S( rvices) to each Lot as more particularly described hereinafter.

4.2.6 Any other purpose or functions permitted for exempt organizations under Section 501(c)(3) and (4) of the Internal Revenue Code, as amended.

CS10 (Maryland)
Posts: 33
Posted:
I don't think they allow reservation of pool for party. That is also conflict as not all owners are allowed to reserve Pool.
ElleN (Idaho)
Posts: 1,334
Posted:
Quote:
Posted By CS10 on 11/20/2024 10:51 AM
Here are some rules from covenants. [redacted for brevity]
Thank you for posting this.

Be aware that you posted an actual covenant. It's not a mere "rule." The meaning of "rule" is exact in HOA land. Legally a covenant is much stronger than the (board created) rules.

Does the declaration (where the covenants are) have a "Definitions" section that defines "Common Expenses"? If so, please provide this definition.

Aside: I like the part of what you quoted that mentions the Internal Revenue Code. Good work by the author of the Declaration. This may very well play a role here.

Now someone is going to ask if the OP's HOA is a 501(c)(3) or (4) entity. This would be unusual. HOAs most of the time fall under IRC 528.
CS10 (Maryland)
Posts: 33
Posted:
Common Expenses" shall mean and include the actual and estimated expenses incurred by the Association for the general benefit of all Owners, including any reserve all as may be found to be necessary and appropriate by the Board pursuant to this Declaration, the By-Laws, and the Articles of Incorporation of the Association.

Above is the definitions. Swim team reps made it a 501(c)(3) a non profit entity, what is impact of 4.2.6 on team's expenses are paid by HOA ?
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By CS10 on 11/20/2024 11:18 AM
... snip ...
Above is the definitions. Swim team reps made it a 501(c)(3) a non profit entity, what is impact of 4.2.6 on team's expenses are paid by HOA ?

Well, there's another potential issue - 501(c)(3) organizations are often considered charities, meaning their services have to be available to the public or a segment of the public. You generally can't be considered a charity if your services are limited to members of the organization. it's why HOAs are seldom organized as 501(c)(3)s themselves.

And if the swim team wants tax or legal advice, they need to consult their own professions. HOA boards are rarely qualified and are certainly not obligated to give such advice.

Boy, it just keeps getting worse and worse, doesn't it....
ElleN (Idaho)
Posts: 1,334
Posted:
Quote:
Posted By CS10 on 11/20/2024 11:18 AM
Common Expenses" shall mean and include the actual and estimated expenses incurred by the Association for the general benefit of all Owners[...]
Consequently this is one of the covenants you should quote to the board. Why? Because the pool expenses paid by the Association are not for the general benefit all Owners but instead benefit a select few and outsiders.


Quote:
Posted By CS10 on 11/20/2024 11:18 AM
Swim team reps made it a 501(c)(3) a non profit entity, what is impact of 4.2.6 on team's expenses are paid by HOA ?
To respond to this, I would need the answers to more questions. Unfortunately the questions I would be asking are likely too advanced and complicated to try to discuss in this online format. If you want to try, first find out what tax form the HOA is filing. Is it a form 1120 or form 1120-H?

I continue to urge seeing an attorney.
CS10 (Maryland)
Posts: 33
Posted:
Thanks, I am checking on IRS form 1120 or 1120H
In mean while, when I opposed non residents from swimming, a parent rep who is getting all the money sent out following in power point.
,
What is our top priority?
Top priority of creating a fun and safe atmosphere where everyone feels included and welcome
From Parent Rep's email 6/27/23
Make decisions to ensure this outcome
Should everyone have an equal opportunity to compete for the A meet based on merit?

But there are Rules

We don’t always follow all the rules
Make choices on which rules to follow
Our team did not follow certain rules:
County requires a lifeguard when someone enters the pool fence perimeter
County food service permit for concessions
Aquatics contract requires no more than 49 swimmers per lifeguard
A league requires pool membership for participants

League Rule
League requires pool membership, not residence
Residence does not equate to pool membership
Should we check residence or membership?
Should we selectively check only certain families or check all families in an unbiased way

After that couple more slides on how some parent cheated by using wrong address and how good non resident kids were.

This is jackpot and I will show HOA lawyer and see what he says.

CS10 (Maryland)
Posts: 33
Posted:
Here is what I got from management company.

1120 in 2023, in the past year we have use 1120 H and 1120.
ElleN (Idaho)
Posts: 1,334
Posted:
Quote:
Posted By CS10 on 11/21/2024 3:09 PM
[Form}
1120 in 2023, in the past year we have use [Forms] 1120 H and 1120.
Perfect. This means your HOA falls under IRC 528 (and not IRC 501(c)). I guestimate that over 95% of HOAs fall under IRC 528.

In my experience this now begs the question of what the following means:
Quote:
Posted By CS10
4.2 Purpose of Assessments. The Assessments levied by the Association shall be used exclusively for the following purposes:
.
.
.
4.2.6 Any other purpose or functions permitted for exempt organizations under Section 501(c)(3) and (4) of the Internal Revenue Code, as amended.
CS10, was 4.2.6 in the original, initially recorded (with the County) covenants? Or have amendments been made over the years, and was 4.2.6 added as an amendment at some point?

An observation: I have read many Declarations of Covenants yada over many years. I have never seen covenants that include anything like 4.2.6.

Standing 4.2.6 by itself without considering other sections of the covenants and other law, I think 4.2.6 means that the HOA can fund this swim team. I do not want to try to explain in this small space why I believe this, as this requires some understanding of tax law.

But most importantly, the reality is that for 4.2.6 to be supported by a court (if push came to shove), then the court would require that 4.2.6 be consistent with other sections of the covenants and other law. Leaping out at anyone experienced in reading covenants pertaining to assessments are these:

Quote:
Posted By CS10
There are hereby created assessments for Common Expenses as may be from time to time specifically authorized by the Board of Directors to be commenced at the time and in the manner set forth in this Article IV. The assessments for Common Expenses...


Quote:
Posted By CS10
Common Expenses" shall mean and include the actual and estimated expenses incurred by the Association for the general benefit of all Owners, including any reserve all as may be found to be necessary and appropriate by the Board pursuant to this Declaration, the By-Laws, and the Articles of Incorporation of the Association.


This verbiage (or similar verbiage) on how the assessments are (1) for "Common Expenses"; where (2) "common expenses" pertain to expenses for the general benefit of owners are probably in every Declaration of covenants nationwide.

The only way 4.2.6 is consistent with the other sections of the covenants is if the swim team benefits all owners. In my experience some laypeople will naively try to say that the swim team can be seen as benefiting all owners. But from my reading of case law and talks with attorneys over the years, a competent HOA lawyer would say no way should the HOA be supporting a swim team that (1) takes exclusive use of a common area for a set amount of time every week in summer or so; (2) includes outsiders; and (3) excludes anyone (who lives at the HOA) over a certain age from being on the team. More reasons probably exist. This is just a start to why I believe a competent HOA attorney and judges would interpret the covenants in my experience and declare that the Board, by providing any support to the swim team, is violating the covenants.

Remember that covenants are enforced as a type of contractual term. The "contract" is constructed to be between owners, the board, and the HOA. "Covenant" translated literally means "come together" or "bond." When one party has formal covenants with another party, it means one party has a legal bond with one or more other parties. The parties have agreed to what the covenants say.

I am an atheist, but since many are familiar with the use of the term "covenant" in the bible, I think it is not for nothing that the bible's use of the word "covenant" is to indicate a "bond" between so-and-so and such-and-such. Those who buy into a HOA have a "covenant" with the other owners, the board and HOA.
CS10 (Maryland)
Posts: 33
Posted:
They are giving club house for non profit once a month, not sure if that was the reason.

"3. Qualified Community groups or Non-profit entities (as defined in the Non-profit Clubhouse Rental Policy attached in Appendix E)"

Here is what is there as for Amendment

10.3 Amendment. Any Amendment to this Declaration subjecting additional property to the Declaration may contain such complementary additions and modifications of the Covenants, Conditions, Restrictions and Easements contained herein as may be necessary to reflect the different character, if any, of the additional property, provided they are not inconsistent with this Declaration. In no event, however, shall the Amendment to this Declaration revoke, modify or add to the Covenants, Conditions, Easements and Restrictions established by this Declaration insofar as they pertain to the Property as the same exists prior to the amendment.

I was going to bring up all this during budget meeting but Friend told me hold off and get in Board and bring up next year.

I will post notes this evening, that I prepared for the meeting once I get in as Board, if discussion doesn't help will seek lawyer.

The only thing I am wondering is if they are allowing team as it is non profit but it needs to have some wording and rules, there are none.

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