Effect of law

You really need to ask your association attorney about this, but it seems to me the key word is “commercial.” You write that the bill defined “recreational facility as a COMMERCIAL recreational facility, athletic facility or an amusement attraction, so I would think this would apply to a facility that was established to operate as a for-profit entity.

I went back to your previous conversation on your community pool, where you asked about the pool management hiring a non-resident lifeguard, and I’m not sure what your issue was. You said a parent who apparently has a child on the team had his kid getting paid as an assistant coach (after saying he/she was a lifeguard).

I don’t think that’s as important as potential liability if someone gets hurt, or residents not having access to the pool when the team is there. Resident assessments help pay to maintain the pool, so if an outside organization is using it, they should pay a rental fee. It shouldn’t matter if the coach, swim team members, etc., live in the community, because that’s not why the pool was built. Nor does it matter who’s paying who – if you and/or your family doesn’t participate in the team, what do you care?

Did you ever speak to the board about any of this? If not, why not? It would be better to bring this up with them – if they don’t respond at all or give you the runaround, you could have a problem. But first, consider requesting a copy of the association’s master insurance policy and see if it addresses use of the common areas (like the pool) by outside entities. If this isn’t allowed at all, someone needs to let the board know it’s putting the community at risk.

I suppose that the first question to ask is: Does your HOA/COA require a signed agreement to use the Associations Recreational Facilities?

If not, then nothing has changed.

If it does, then the next question would be: Does such an agreement have similar language as identified in the statute?

If not, then nothing has changed.

If it does, that section is null and void.

My laypersons opinion of what you cited is that facility owners are being put on notice that they need to do what they can to avoid negligence. To me, this would include: proper maintenance, quick repairs and deny use until repairs are completed, proper signage, proper safety equipment, etc.

In general, things your Association should already be doing.

If they are doing that, any legal complaint wining over negligence is minimized.
If they are not doing that, they better start.