HOA Fund Use

I have an interesting situation. I have been accused of thinking illogically as it applies to the use of HOA funds. I support using HOA funds for maintenance of ball fields which are specifically (in our documents) designated common area. These ball fields are available for use by all residents. I do not support buying starting blocks for a swim team which is named after our community because the starting blocks are used only for swim meets and are removed and replaced at every swim meet. They are not therefore available (or needed) for use by our residents. I have many (certainly not a majority) of residents who are unhappy about my opposition. One resident, very upset over the issue, said that the number of people on the swim team outnumbers the number who use the fields and that fact should be the determining factor for support. Our HOA attorney says the money (about $15,000) can be spent for the starting blocks as an improvement to the common area. In response to the attorney I say "only if the starting blocks are needed by the residents and available for their use - neither of which is to be the case". My attitude has gotten me flagged by many in our community as one who is not a team player. I say it depends on what team (the special interest team or the “average homeowner” team) one is talking about. Comments please.

Jack,

Is this a swim team that anyone in the HOA can join or is it a private swim team that the HOA allows to use the pool? If the former, then, IMO, the HOA can spend the money for the starting blocks. Look at it this way, not all children in the community will be using the ball fields, and not all members of the HOA use the pool, but if they are HOA amenties then the HOA is resp. for maint and upgrades. The determining factor is not the number who use the amenities but rather the fact that they ARE amenities.

BTW, do the other board members support your position? Remember, you're only one on the BOD, even though you may be the Pres, and have only one vote. If the rest of the BOD votes against you, IMO, you should not go around bad-mouthing their decision.

Glen. The attorney did not use the words "an improvement to the common area" because starting blocks are not an improvement to the common area. A new set of chairs, a new covered patio, a new "additional" pool, anything that improves the facility for all residents - whether they choose to use these improvements or not, would make sense. Starting blocks are necessary only for a swim team and are reserved exclusively for those on the swim team (not available for use by non-swim team members). Thanks to you and mary I am beginning to see why I am meeting resistance from the special interest group on this issue. My real concern is for the future. We must be careful less we establish past preactice and set ourselves up for future expenditures for things that, although they do not benefit us all, are required to be paid for by us all.

Tough call, Jack.

Another way of thinking about this is whether having a swim team enhances your community, if fact, does it raise the community status? would that spill into raising property values?

You see where I am going?

If the board and the homeowners value this swim team, then support its efforts and provide it with proper equipment.

Bet if you have a family member on the team it is very important.

Mary. If you as a board member/president told the other board members that doing something would most likely be viewed as a violation of the Virginia Property Owner's Act, and that you had concerns about someone taking the issue of the board's actions to court, would you not vote against the action, and further voice your objections right up to the point where the board actually completed the voted upon action? I think you would - just as I have - not to bad mouth the board but to protect the board and the community. We have in this community people who feel strongly about this issue - pro and con. In fact one of the swim team parents went so far as to tell me the board could be made to support the swim team because it has a responsibility to do so. The swim team is a private swim team. The question of "Sponsorship" is what this issue speaks to. In the past the only support we provided was use of the pool. In fact, during swim meets, the pool is closed to residents. Your last sentence contains my concern - that of taking on, by purchasing the starting blocks, sponsorship of the team and opening the door for other equally worthwhile groups. I do not think most of our residents expected such sponsorships/obligations when they moved into our community and were told they would have to pay assessments for the common areas. Again, I appreciate your thoughts and welcome them. You and the other folks on this forum are doing exactly what I asked in posting this issue - giving me other considerations I need to think about in evaluating my feelings on this issue.

Glen. Our documents basically say the assessments are to be used for common area expenses. They also reference the Virginia Property Owner's Association Act. Good to hear from you on this issue. I am concerned only that residents support that which they agreed to support when they signed up to buy a home here.

Mary. I came to all of you because, even though the final decision on this issue was made after a special meeting held several months ago, I wondered how other HOAs might handle an issue like this. All of you have been most helpful. I fought this almost two year battle because I felt, and I sensed - as a result of many discussions with homeowners - both swim team members and non members, that this was an improper use of our HOA funds. Because of the usual apathy found in homeowner associations, only ten families attended the special meeting, and they were about equally split over the issue, with swim team members supporting and non-members not. Only one swim team father agreed with my position. In the final analysis, the board voted to disapprove this support, but not I think because they agreed with my position but because they wanted to avoid court action. I am certainly glad for the existance of this forum and for all of you who give it life. Thanks for your thoughts.