Rules of the Clubhouse.

Started by NormanK2 • 11 replies • 170 views

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NormanK2 (Florida)
Posts: 39

Posted:

I live in a HOA Park in Wesley Chapel Fl.Its always been if a member wanted to use the clubhouse for a private event it went in front of the board and if agreed you put up a 100 refundble deposit, after which the Clubhouse is cleaned up and everything back in place.Well a Member used it and left it a mess and now HOA is saying no one will use the Clubhouse anymore,this seems very unfair to punish all of us because of one Couple.

ElleN (Idaho)
Posts: 1,334

Posted:

It is almost guaranteed that this HOA's covenants say that the board can make 'reasonable rules' about the use of common area. Is this rule "reasonable"? If the cost to clean up the clubhouse was excessive in the board's opinion, including repairs to furniture, walls et cetera, I cannot say it is unreasonable.

Your best recourse is to get on the board with people who think as you do.

MichaelS56 (Minnesota)
Posts: 858

Posted:

What a childlike response by the Board! Instead of dealing with the issue and the owner, they basically said I am going to take my bat and ball, and no one can play. The adult board has a responsibility to have an adult response that would allow for the use of the building. So sad but not uncommon

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By NormanK2 on 11/25/2024 3:51 PM
I live in a HOA Park in Wesley Chapel Fl.Its always been if a member wanted to use the clubhouse for a private event it went in front of the board and if agreed you put up a 100 refundble deposit, after which the Clubhouse is cleaned up and everything back in place.Well a Member used it and left it a mess and now HOA is saying no one will use the Clubhouse anymore,this seems very unfair to punish all of us because of one Couple.

At some HOAs the purpose of the club house was to provide a facility for owners to entertain guests. If this is the situation at your HOA, the board’s change in policy is basically removing an amenity.

That said, I suspect the reason the policy was changed due to concerns of liability.

MarkM19 (Texas)
Posts: 1,459

Posted:

Norman,
I would offer a suggestion to your board that instead of punishing all owners they should create a Security and cleaning deposit that is held till the event is over and the room is cleaned. If the space is not cleaned an outside vendor will be called into to clean and the amount billed is taken from the deposit. This is very common practice, and it amazes me that it was not already in place. In the 2 communities I have lived in the deposit check was not even deposited unless it was needed.

As Dean has just mentioned if they no longer allow renting the space they should have a bigger issue with the remaining owners of the association.

KerryL1 (California)
Posts: 14,550

Posted:

With others, why is the "deposit" refundable? Our HOA requires a non-refundable to reserve the "Party Room," and refundable for clean-up/damage. The latter varies based on the size of the event. Don't have it in front of me, but something like $100 under 20 guests, $150 for 20-35 guests; $200 for up to the limit of 55 guest. The main room used for parties and other events has a small kitchen with a fridge, microwave & toaster oven.. It adjoins a lobby (high rise) in which there's a rest room. So these are the basic sources of possible damage and, say carpet & burn. stains/spills all, etc.

But, Norman, doesn't your HOA have rules and regs against damage or messing up ANY common areas??? Including the Clubhouse?? And if so, why were't the slobs billed for the extra costs ? Via a hearing, etc. if required in FL. And don't residents have to fill out some kind of form with certain rules on it to use the Clubhouse?

What does this prohibit bison in writing say and who is it from??

feel like I don't have enough info, but for now I'm with Micheal. This clubhouse is common area and is on your HOA's reserve study. That means or all residents to use . The very idea of removing access to it for all residents is in no way "reasonable." And I doubt if the CC&Rs permit removal of a common area amenity without owner consent.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Dean raises a good point about liability. Florida is in serious trouble with insurance, and it's possible that this community is one lawsuit away from a cancellation notice. In that case, I believe that the board has a duty to minimize the opportunities for injuries, and if it includes closing the clubhouse to private parties, so be it. In communities where loss of insurance is not a clear and present danger, prohibiting private clubhouse rental is probably an overreach.

If imminent loss of insurance is not an issue, the board could have responded to the incident by modifying the clubhouse rental agreement with a new clause stating that cleanup and/or damage costs exceeding the amount of the deposit would be assessed (*) to the homeowner who used the facilities. The communities in my area that have clubhouses all have similar language in their agreements. The rental deposits are also non-refundable except in cases of cancellation, and can easily be increased to keep pace with inflation. The association attorney should vet the new agreement.

(* In my community, fines, fees and other charges are treated as assessments, per our Declaration - that's why I used that word. This matters because we can foreclose for non-payment of these other things. This is not true in all states.)

SheliaH (Indiana)
Posts: 6,964

Posted:

What Mark said. We always charge a fee and a deposit, and provide a checklist of what should be cleaned and put away after the event. Usually, the check is held until the clubhouse has been inspected, and if it passes, the check is voided. We also try to do inspections with the homeowner before and after the event so if part of all of the deposit was withheld, they knew why. They'd also be responsible for the cleaning and/or repair costs that exceeded the deposit.

Don't know why your association hasn't had a similar policy before now, but it's past time for them to establish one. This current action was a knee jerk reaction, and not the way a responsible board should behave. I suspect if enough people, including you, raise hell about it, they'll change their tune. Start rallying together your neighbors if you need to, and get with it!

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

ElleN (Idaho)
Posts: 1,334

Posted:

Quote:

I am assuming that the Board's new decree is that owners may not reserve the clubhouse for private events anymore. Otherwise the clubhouse is generally open to owners during reasonable hours.

If this is not the case, and the Board has locked up the clubhouse (with no access available to anyone) until further notice, then I hope NormanK2 will clarify.

JulieH4
Posts: 75

Posted:

Our HOA clubhouse is available to rent. It is a $100 non refundable fee and $175.00 refundable deposit if everything is in order.

I have only had to use that deposit one time where a family had a party and broke a chair.

I don't think it would be right to say nobody can use it because of one issue. I believe they need to look at a refundable deposit and non refundable fee though.

Just my two cents from Texas!

LoriM15 (Florida)
Posts: 1,009

Posted:

Do you make the renter sign a contract? Our clubhouse rental requires a deposit and there is a cost to rent the room. We make them sign a contract that says they are responsible for any damage. We can keep the deposit and charge them for any extra cleaning that is required. We used to require the renter to pay for a monitor who made sure that everything was cleaned up. It was $50 - $100 for the monitor, depending on the length of the event and the size of the party. Once we got good security cameras in the clubhouse we stopped the monitor. We can and do bill people for extra cleaning.

Our association has gone back and forth over the years on wanting people to use the clubhouse or wanting to keep it in pristine condition so no one is allowed to use it. Each board has a different opinion.

I think your board could come up with a better solution than just prohibiting people from using it.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

I do not believe the BOD has the right to close the close the clubhouse to all members. Fight this rule.

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