Association Answers: Rule Updates and Managing Fitness Vendors

In Association Answers, KSN attorney Matthew Moodhe addresses frequently asked questions from community association board members and property managers. If you have legal concerns, please contact Matt or any of the attorneys at our law firm by calling 855-537-0500 or visiting www.ksnlaw.com/contact.

A few of our board members are working on updating the association’s rules. What are some best practices we should keep in mind?

Community association rules and regulations set the day-to-day standards for how residents use and enjoy the community’s common areas and amenities. They are important because they promote consistency, safety, and fairness while helping the association protect property values and reduce disputes.

When reviewing the existing rules and regulations, board should consider removing rules that have not been relevant or enforced. As associations transition from developer control to owner control, community needs often change over time, and governing documents (including rules and regulations) may become outdated and require ongoing maintenance and thoughtful updates.

Similarly, the board should consider what issues the association has faced that are not addressed in the current rules. This may include rules that outline short-term rental restrictions, pet policies, and parking standards.   

The association’s declaration should also be reviewed to make sure the rules are not at odds with the declaration. Keep in mind that the rules cannot contradict restrictions in the declaration. That would typically require an amendment to the declaration. Avoid rules that simply repeat or paraphrase existing language in the declaration. That isn’t necessary and just creates another lengthy document.

Ultimately, boards should view the review and revision of rules and regulations as a regular, proactive process to ensure they continue to reflect the association’s evolving needs, priorities, and governing authority.

What legal or liability concerns should a board evaluate before allowing outside fitness vendors to offer services using association amenities?

Outside fitness vendors can vary and may include personal trainers who use the association’s gym, swimming instructors who conduct lessons in the community pool, tennis instructors who utilize association courts, or yoga teachers who hold classes in the clubhouse.

Since the classes are going to be on the association property and the instructor is an outside independent contractor, the board should require the instructor to provide proof of liability insurance and possibly even require the instructor to name the association as an additional insured party on the instructor’s policy.  

The board should also require the instructor to sign a hold harmless or indemnification form to help protect the association from claims which may arise related to the classes. The board should also provide a form for any unit owner who are interested in taking the class for them to sign as a waiver or release of liability for the association before they participate in the class.

From a practical standpoint, the requirement of insurance is not always anticipated by independent fitness instructors. Accordingly, the board should make sure the instructor is aware of the proof of insurance request and determine if the instructor is still willing to provide the service to the residents. If the instructor complies, then the board can ask the association’s attorney to provide the appropriate hold harmless, indemnification, and release forms for the instructor and participating residents to sign.

Another issue to keep in mind is the possible requirement of an AED (Automated External Defibrillator) on the premises. If the association is using their common area facilities (ex. fitness area, clubhouse, pool) to sponsor or provide instruction or assistance of any kind, then the association may be required by state, county, or local laws to provide an accessible and mobile AED on the premises. The board or management should check with their governmental agencies to ensure the association’s legal compliance in making these types of fitness classes available to their residents.

Legal Resource

Do not hesitate to contact our law firm if your condominium, homeowner (HOA), or townhome community association has questions regarding board member responsibilities, owner disputes, or other legal concerns.

Please call 855-537-0500 or visit www.ksnlaw.com.

Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.

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