Common Area Recreational Facilities and Amenities
Many community associations throughout California have common area recreational facilities such as lakes, private clubs, golf courses, equestrian centers, water sports areas, tennis courts, and parks. The expert community association attorneys at SwedelsonGottlieb are able to assist an association's board of directors in addressing the issues related to these amenities, such as the appropriateness and enforceability of proposed operating rules and suggesting modifying existing operating rules. We have extensive experience advising clients on a variety of issues related to the operation of common area recreational facilities, including the prevention of Quagga mussel infestation, golf course maintenance and liability issues, commercial component ownership matters and addressing damage to common area recreational amenities by members, residents, and guests.
We are also able to assist an association and its management with addressing issues related to reasonable accommodation requests by residents related to common area recreational facilities and the applicability of the Americans with Disabilities Act (the “ADA”) (while the courts have not held that the ADA applies to common interest developments generally, if an association opens itself to the public by, for example, renting out its clubhouse, allowing the general public to use its lake, or allowing tennis lessons for the general public to take place on its tennis courts, the ADA can apply to the association).