How do we stop an illegal business in our community?

Started by MC4 • 5 replies • 1595 views

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MC4 (Florida)
Posts: 29

Posted:

We have a resident that is running an auto repair shop from our community, its against our governing documents. We have spoke to him, given violations, even had the attorney address it. Now he is more blatant than ever, the attorney claims that they can do a pounder. Many of the owners are complaining. We are in Central Florida. How do we stop this guy?

PeterD3 (Florida)
Posts: 708

Posted:

If he is unwilling to resp[ond to your assn. requests (violations, fines if applicable) you have to follow through with the legal due process until you reach (non-binding) arbitration then if he's still not complying seek a court injunction.

TimB4 (Tennessee)
Posts: 21,059

Posted:

MC4,

You stated that you had the Association Attorney address it. I suspect that the attorney threatened some sort of action if the member did not comply. You now need to follow through on the threat.

By the way, violation of covenants does not necessarily equal illegal.

If it's illegal for him to operate this business from his home then he would be in violation of Federal, State or City laws. If they are in violation of those laws, the Association should contact the appropriate authorities.

Tim

SusanW1 (Michigan)
Posts: 5,202

Posted:

Start with the zoning . . .

PeterD3 (Florida)
Posts: 708

Posted:

Just curious, what is your proof or certainty that business being conducted?, and is this a violation of a covenant against repair of vehicles in a driveway or business from a home?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Is it just illegal to your documentation or is it a non-licensed business? If it is just against your documentation then your HOA may be able to place liens or fines if it's in the documentation to do so. Although with a lien there has to be some kind of monetary damage to occur before filing. An example of it would be towing any broken down vehicles on the street and sending them the tow bill. The HOA could lien for the unpaid towing bill etc...

There should be some type of code enforcement within your city. You may be able to contact them about what is acceptable of where the cars and noise levels should be. They may get involved if they are violating any public laws.

If this is a "shade tree" mechanic, they are a bit harder to go after. Since they may not have to produce a business license if they can prove they don't fall under official requirements of full time repair shop. However, if there is signs and proof of full service going on then you can again go to the CITY/COUNTY and report them.

Another suggestion for extreme agression...A business has to pay taxes. The IRS does have a hotline available to report busiinesses who aren't paying their fair share of taxes. I can't recall the number off hand but go to the IRS.gov site and it should have it.

Former HOA President

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