Yoga, stretching, and fitness classes are popular uses of a community clubhouse. They bring neighbors together and make good use of a shared space. They also bring risks that a board should address before the first class is held.
This article is general information and is not legal advice. The association's attorney should be consulted.
Start With the Governing Documents
The declaration, bylaws, and rules should be reviewed first. Some documents limit use of common areas to owners and their guests, prohibit commercial activity, or require board approval for any use by an outside business. If a class would be run by a paid instructor, the documents should be checked to confirm that the activity is permitted and on what terms. If a rule change is needed, the notice requirements for rule changes must be followed.
Who May Attend
A class limited to owners, residents, and their guests is very different from one that is open to the public. When outside participants are invited or the space is marketed to the public, the clubhouse may be treated as a place of public accommodation under federal disability law, which brings accessibility requirements that can be costly to meet. Classes should generally be limited to residents and their guests unless the association's attorney has reviewed the plan.
A related question is whether regular classes change the character of the clubhouse into something closer to a commercial gym. A single weekly class is unlikely to do that, but the question should be considered as the program grows.
Liability and the Condition of the Space
The association is responsible for maintaining the clubhouse and can be exposed to claims if someone is injured. Before classes begin:
- The floor, lighting, ventilation, and air conditioning should be checked for the planned activity.
- Equipment owned by the association should be inspected on a schedule, and damaged items removed from use.
- An emergency plan should be posted, and the location of the automated external defibrillator, if one is available, should be made known.
- Classes should not be held during hours when the building is otherwise closed unless supervision is arranged.
Insurance
The association's insurance agent should be contacted before classes are approved. Questions to ask include whether the general liability policy covers organized exercise activities, whether payment to an instructor affects coverage, and whether workers' compensation could become an issue. The answers should be confirmed in writing.
Agreements With the Instructor
An outside instructor should be treated like any other vendor. A written agreement should be in place that covers:
- Proof of the instructor's own general liability insurance, with the association named as an additional insured
- An indemnification clause in which the instructor agrees to defend and hold the association harmless for claims arising from the class
- The schedule, permitted space, and cleanup duties
- Any fees, and whether payments are collected by the instructor or by the association
- The right of the association to end the arrangement on short notice
The agreement should be prepared or reviewed by the association's attorney.
Participant Waivers
No level of maintenance can prevent every injury. Each participant should be asked to sign a release and waiver before taking part. The waiver should release the association separately from the instructor and state that the association makes no representations about the instructor's qualifications or the services provided. Waivers for minors raise additional legal questions, so a separate form should be prepared with counsel if children will attend. Signed waivers should be kept with the association's records.
Rules for other shared amenities follow similar principles, as described in
HOA practices for common areas and
HOA pool safety: lifeguard vs. policy.
Help With Amenity Programs
Vendor agreements, insurance certificates, and amenity scheduling are handled for the communities managed by Condominium Associates. To talk about classes or other uses of your clubhouse,
contact us.
