community association amenities Tag Archives

January 26, 2023

Motley Fool Article Highlights Benefits, Appeal of Communities with Associations

by Laura Manning-Hudson

Laura Manning-Hudson

A recent column on Motley Fool’s www.Fool.com website caught the attention of our firm’s South Florida community association attorneys. Author Christy Bieber begins by noting the negative perceptions toward HOAs that she and her husband shared, but she ultimately acknowledges their benefits and appeal.

“Living in a neighborhood with a homeowners association (HOA) has always seemed like a huge hassle to me. Several times, my husband and I have walked away from buying a home we love in an HOA neighborhood because of the ridiculous rules and restrictions applied to homeowners or because of the high fees the neighborhoods charged,” begins her column.

“We didn’t want to commit to huge monthly costs on top of a mortgage payment, or have our association tell us what kind of flowers to plant. And we’ve also lived in HOA neighborhoods where the association was disorganized and caused nothing but trouble.”

She notes that they vowed never to buy a house in an HOA neighborhood again, but they have now changed their minds and are looking to buy a property in a community with a strong association.

Why the change of heart?

HOA-Community-2 “We really fell in love with the neighborhood,” she writes.

Bieber notes that it is ideally located, near their favorite stores and restaurants, and hosts fun special events. She also loves the miles of walking trails that wind by beautiful lakes and streams. Rather than sitting in traffic to visit the area, they decided their best move would be to make the community their home.

April 22, 2019

Associations Take Heed: Pickleball Creates a Real Racket at South Florida Community

by Roberto C. Blanch

Roberto C. Blanch

A recent report by Channel 7 News (WSVN-Fox) in South Florida shined a spotlight on a new trend that is beginning to cause noise disruptions at some of the area’s condominium communities. It is called pickleball, and the sport is becoming especially popular for 55-and-older retirement communities. While the decision of the association’s board to accommodate the sport seems innocent, it appears to have triggered some unintended consequences that other community associations should bear in mind.

First created in 1965, pickleball is a paddle sport for all ages and skill levels that combines many elements of tennis, badminton and ping-pong. It is played both as singles and doubles on a badminton-size court using a slightly modified tennis net, paddles and a plastic ball with holes.

The station’s report, which states that the sport is becoming very popular, chronicles the issues that are arising from the noise that pickleball is creating at the Wynmoor in Coconut Creek retirement community in Broward County. Two of the community’s tennis courts were converted into eight pickleball courts, which allow for up to 32 people to play at the same time.

Linda Waldman, the owner of a unit near the courts, states: “It’s a very noisy game, unfortunately . . . there is a ‘pong’ not also from the racket, but also when it hits the ground. Ponging and screaming. It’s a very enthusiastic game. The people love it.”

January 17, 2019

Article by Michael Toback in Today’s Daily Business Review: “Court Strikes Down HOA’s Rule Banning Personal Trainer From Fitness Center”

by Siegfried Rivera

Siegfried Rivera

The firm’s Michael Toback authored an article that appeared as the featured “Board of Contributors” guest commentary column in today’s edition of the Daily Business Review, South Florida’s exclusive business daily and official court newspaper. The article, which is titled “Court Strikes Down HOA’s Rule Banning Personal Trainer From Fitness Center,” focuses on the takeaways from a recent appellate ruling involving association bans of guests from amenities and common areas. The article reads:

Is a personal trainer in a fitness center like a call girl sitting at a clubhouse bar? This comparison was drawn by the trial court in its decision to grant summary judgment in favor of a homeowner’s association as to whether a personal trainer is an invitee or a licensee. However, the Fourth District Court of Appeal reversed the decision, concluding that neither the analogy nor the analysis was properly applied to the facts of the case.

The Fourth DCA’s recent ruling in Charterhouse Associates v. Valencia Reserve Homeowners Association brings an added measure of clarity to the proper test for courts to apply when determining who may be classified as a licensee by associations.

The residents of a property owned by Charterhouse within the Boynton Beach, Florida community paid and authorized a personal trainer to lead their workouts in the community fitness center. The gym is one of the amenities available for use by owners, family members, guests, invitees and tenants according to Valencia Reserve’s declaration. When the association later entered into a contract with a different vendor to be the exclusive provider of personal training services in the fitness center, it banned the residents’ trainer from the facility.

May 8, 2018

$20 Million Verdict Against HOA for Playground Injury Serves as Industry Wake-Up Call

by Roberto C. Blanch

Roberto C. Blanch

For many Florida residents, the appeal of living in condominium and homeowners’ associations is partly due to the many types of shared amenities and recreational facilities that these communities provide and maintain for the enjoyment of all residents and their guests. Swimming pools, tennis courts, playgrounds, fitness centers, and social rooms are only a few examples of the common elements or areas made available in community associations to enhance the residents’ quality of life.

While these amenities provide significant benefits, they also come with important responsibilities for the association with respect to maintenance and upkeep. These maintenance responsibilities must be taken seriously, as severe injuries from a lack of proper maintenance can occur and may expose an association to considerable liability.

One of the most telling examples of the potential ramifications of improper maintenance of recreational amenities came in the $20 million verdict that a Las Vegas jury reached earlier this year after a teenager suffered severe brain injuries from a swing set collapsing on his head at the Lamplight Village gated community. In that case, stemming from an incident that occurred in 2013, a crossbar located on the association’s common-area swing set had corroded and worn badly at the connection points. As a result, the 42-pound crossbar fell on a 15 year-old boy’s head while he was using the swing set, causing significant brain injuries.