Posted by River City on October 25, 2006 at 09:54:07:
First, I would suggest you get a copy of whatever document was used to pass this clause. You might want to take it to an attorney, perhaps you have one living in your subdivision?
I really do not believe they can tell you that you cannot teach your own wife (or members of your own family) how to play tennis. Surely no one knew that this meant you (without charging a fee) could not teach your friends how to play tennis???
Was this voted on by the homeowners? Did everyone fully understand the agreement at time of the vote? Can you bring it up at the next homeowner’s association meeting and ask to have another vote on it in the future once all homeowners know the full extent of the exclusion clause?
I live in a subdivision, North of Atlanta, GA, that provides great amenities to the home owners; pool, clubhouse, golf course, walking trails & tennis courts (14). The Home Owner’s Association signed an agreement to hire a Director of Tennis to manage, provide tennis lessons and coach tennis teams. The Director of Tennis contract includes an exclusivity clause that prevents home owners from using outside certified tennis instructors from teaching and coaching tennis teams on the 14 tennis courts. I’ve been a resident of the community for over five years and a certified tennis professional instructor teaching tennis outside of my community. My dues have always been current.
On occasion I give free lessons to my wife, a relative and three close friends who live in the community. Recently, I was informed by the HOA’s President that I couldn’t continue to provide free instruction to my wife, one relative and three friends because I was violating the exclusivity clause of the contract with the sub-contractor (Tennis Director).
I’ve been restricted to only use one can of tennis balls and specifically can’t use a bucket of balls to play or coach. I don’t solicit, promote or suggest to any of the active tennis players for business. The following paragraph describes the exclusivity clause:
Private Tennis Instruction. Tennis instruction shall be provided by the Tennis Director for Association’s members on an exclusive basis.
Does the exclusivity clause of the contract legally restrict a home owner from the use of the tennis courts under these conditions? Do I have any legal recourse?