When a new neighborhood or office building is constructed, the natural flow of the land is disturbed. Most of the trees, natural grass and soil are destroyed and replaced with concrete, pavement, sidewalks and other unnatural structures. The topography of the land is likely altered and the former natural flow of water has now been dramatically changed.
The direct result of all the changes is that rainwater that used to be soaked up by the natural land will now flow off the developed land at a much faster rate. The amount of water flowing out of gutters, down driveways, streets and parking lots is much larger then the land can handle. In order to handle the rapid rate of water runoff, both residential and commercial properties are required to establish and maintain retention or detention ponds. In the State of North Carolina and many other states, the Homeowners Associations (HOA’s) and property management companies are required to maintain the retention and detention ponds to ensure that all rainwater on any given property is collected in a manner that does not disturb the surrounding land.
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Many associations are considering a range of revenue-generating measures to offset ever-tightening budgets. But before you rent out your clubhouse or sell memberships to your golf course, pool, tennis courts, or other facilities to non-owners, keep a few critical rules in mind.
1) Consider the liability. The biggest issue that keeps associations from renting out their facilities to non-owners is liability. Check with your insurance carrier to find out if injuries to non-owners and injuries caused by non-owners would be covered under your current policy. Chances are they won’t, and it’ll be much more expensive to expand your policy to include that coverage. Once you know the additional insurance costs, you need to weigh them against the potential new revenue to determine whether the financial gain adequately offsets the added cost.
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We are always looking for new ways for our associations to add value to their residents. Recently while reading my Sunday copy of the Charlotte Observer I ran across an article and was intrigued.
One of the many issues facing communities is garbage can storage. Every community we manage has some restriction regarding the storage of the roll-out garbage cans. The cans are typically required to be stored in the garage or screened from view of the street. Many residents REFUSE to store the can in their garages due to “sanitary concerns” or “insect/rodent concerns”, which results in a large number of violations for improper trashcan storage.
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On a sunny afternoon, with a light breeze blowing in from the ocean, a dapper, impeccably dressed man got down on all fours and stared intently at the bocce ball sitting before him on a verdant, closely cropped grass court. After a deep breath and a slight sigh, he bent closer to the ball and slowly, painstakingly began pushing it with his nose toward the fare end of the court. Cheers and laughter accompanied him as he slowly paid a debt to his fellow board members, staff and neighbors in this un-named association in South Carolina.
According to the property manager, this board member was so sure that 100 people wouldn’t sign up to use the community’s new bocce court, he announced he would push a bocce ball with his nose if they did. He hadn’t been alone. The community’s decision to put in a bocce court instead of expanding its tennis facilities had been contentious and supported by the barest of majorities.
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* These articles and related content on this website are provided without warranty of any kind and in no way consitute or provide legal advice. You are advised to contact an attorney specializing in Association Management for legal advice related to your specific issue and community. Some articles are provided by thrid parties and online services. Display of these articles does in no way endorse the products or services of Community Association Management by the author(s).
