There are significant considerations when making this decision; either way, you will need your board to be in agreeance, they should consider how this decision may affect the the members and the general morale of the community, and the budget should be reviewed to ensure the association’s finances will need to allow for the work to be paid for. However, the language in an associations governing documents may be the largest thing to consider. Sometimes, the board and every homeowner within the association may agree to eliminate an amenity, but the governing documents do not allow for that particular change to be made to the community.

It is common for these documents to state that the board has an obligation to maintain, repair, and replace an amenity, with varying degrees of specificity or ambiguity. If, for example, your community’s playground is old and unsafe, and the association decides its time to get rid of it, this could be problematic if the bylaws fail to mention amenity elimination. In this case, the board of directors may not have the authorization to have the playground taken down and the association’s governing documents may need to be amended. When this situation arises, it is best to take every precaution, and consult with your Homeowner Association’s attorney before doing anything, to be clear about the legality of whatever action is to be taken by the board of directors and possible repercussions. For more resources and information on adding and eliminating amenities, take a look at our blog.