Advice on Hosting Exercise Classes in Your HOA Clubhouse

There are numerous considerations when allowing third parties to use a common area clubhouse to provide classes or other services. However, it is the facilitation of exercise classes that raises the most concern.

Health Club

First, there's a risk that the facility would be considered a health club or gym. On the contrary, one exercise class does not mean the clubhouse is a health club. However, the question should be analyzed and answered: will the clubhouse become a "health club"?

Public Participants

Additionally, whether the classes will include the public must be considered. If anyone invites people, the clubhouse would likely be a public location that must comply with the Americans with Disabilities Act. Compliance can be expensive, and failure to comply can expose the association to lawsuits, administrative proceedings, and penalties.

Liability

As a party responsible for the management and maintenance of the facility, the association could be liable if a person is injured. The board should ensure that the clubhouse space is fit for the intended uses it is contemplating. 

Waivers

Also, as no level of inspection or maintenance can guarantee a user will not suffer an injury, the association should require all participants to sign a liability waiver. The waiver should separately release the association and include a statement that the association does not make any representations about the qualifications of the instructor or services provided. The board should check with its insurance agent to make sure the use is covered.

Indemnification 

Furthermore, ask the instructor to indemnify the association if it gets sued for anything related to the exercise class. If payment is due to the instructor, the association should confirm that this does not impact whether insurance coverage will be available under its general liability policy. It also should be discussed with the insurance carrier whether the board has workers' compensation available to cover the instructor.

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We understand that every HOA presents its unique characteristics. Some HOAs clubhouses were built to accommodate the general population in certain ways than others. Please fill out the form below with any questions you may have about your HOA. We are here to help you!