Clubhouse

An association’s governing documents generally provide that every member of the association shall have a non-exclusive easement for use and enjoyment of the common area, including, but not limited to the clubhouse. Essentially this means that while every member of the association has equal access rights to the common area and clubhouse, they may not prevent other members from using these facilities simultaneously. An individual owner’s use of the common area and clubhouse may be regulated by an association. For example, the association’s governing documents may provide the association has the right to reasonably restrict the number of guests of owners using common area facilities. Further, governing documents generally provide an association has a right to establish rules and regulations pertaining to the use of common area facilities. If not already provided for in its governing documents, an association should consider including a requirement that individuals requesting to use the clubhouse facilities for a private event must enter into an indemnity agreement in order to help insulate the association from liability during this event.

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