The maintenance organization should be aware of special needs of individuals when making decisions concerning open space. There may exist, for example, accessibility issues for physically disabled persons. If the maintenance organization is providing a parking area for a recreation area, adequate handicap parking should be provided. Perhaps an access ramp to a playground area would prove beneficial to a young child in a wheelchair who wants to spend time with friends or utilize the play equipment. The governing body should be cognizant of these issues and should be responsive to reasonable requests made by disabled persons.

 

The payment of assessments is the only prerequisite to a homeowner's right to use the common facilities and open space. Areas may not be sectioned off for the exclusive use of one homeowner or a certain group of homeowners. For instance, assume the maintenance organization decided to construct a swimming pool on the open space. The maintenance organization then decided to restrict access to only those homeowners who paid pool membership fees. This policy would violate the rights of those homeowners who are denied access to the open space for failure to pay the pool membership fees.

 

The open space and common facilities must be available to all homeowners subject to the payment of assessments and reasonable rules and regulations concerning the use of the open space.