
                         THE VIRGINIAN-PILOT
                 Copyright (c) 1994, Landmark Communications, Inc.

DATE: SATURDAY, June 18, 1994                    TAG: 9406170443 
SECTION: REAL ESTATE WEEKLY                     PAGE: 20    EDITION: FINAL  
SOURCE: G. ROBERT KIRKLAND and MICHAEL INMAN 
DATELINE: 940618                                 LENGTH: Medium

RISK AND REWARD IN A PLAYGROUND

{LEAD} Q. I am a unit owner in a small condominium complex. Our community has some empty grounds that could become a small playground for children, with swings, bars and other equipment.

Even so, the community association's board of directors has declined my request to build such a playground, even though the group doesn't seem to have any other plans for the property. Board members keep telling me they are afraid of the liability a playground would create for the association.

{REST} In turn, I tell them a playground is no big concern if the association gets more insurance. What do you think?

A. If your condo complex has no recreation equipment, the community association's board of directors ought to consider carefully the decision to add such amenities.

Swings, bars and similar equipment are likely to add value to the overall property. Still, they will also create, as your board correctly acknowledges, possibilities for liability.

Under the Condominium Act and most condo documents, the association has a duty to maintain and repair common facilities so that they do not pose a threat to residents and their guests. When children are involved, the courts seem to impose a higher duty of care.

If a resident or owner can prove that an injury resulted from a breach of this duty, the association might be liable for damages. In its defense, the association could say that the individual's negligence contributed to the injury, or that the individual, by using the equipment, assumed the risks involved.

In any case, the association needs to commit to a regimented maintenance program when buying playground equipment to minimize its exposure to liability.

As for insurance, an association's premiums could rise if it adds playground equipment to the property. Consult with an insurance agent for details.

Also, the board must consider the cost of maintaining such equipment and increase its reserve fund accordingly. This new amenity could sharply increase the required dues, depending on the amount of equipment installed and the number of units in the condominium.

Once the board has gathered all the facts and weighed the pros and cons, it will be able to make a wise decision.

by CNB