PROBLEMS By Brian Butler and Nicholas Bartzen Opening Association Common Areas to the Public

Some boards may consider opening up common element space to non-residents. Examples of these events include hosting free public events or leasing common space to private entities to host public events (such as swim meets in the pool, concerts, weddings, etc.). After all, many associations have great locations to offer with event space, nice facilities such as swimming pools, and private meeting rooms that may sit dormant most of the time. Boards can fall into the trap of seeing dollar signs when thinking

of that unused space, trying to monetize some of the association resources to shore up budget shortfalls or fund much-needed capital improvements. However, opening up association property to the public to generate revenue can be a bad idea, mainly for five (5) reasons:

1. Legal issues – If the board allows common element space to be used for an event open to the public, a new set of laws from which the association is likely exempt would

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