Conducting a business out of home

Started by LauraD • 9 replies • 1475 views

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LauraD (Arizona)
Posts: 18

Posted:

We have a HOA resident that we "believe" is conducting a handyman/repair
service out of his home. He adveretizes on the side of his truck, welds in his
garage, and has various appliances in his garage. This would be in violation
of our CCR's.
He states "I am doing this only for friends."
How do we prove otherwise? (Peferably without getting into a legal tangle.)
hat kind or how much proof do we need to confront him?

BradP (Kansas)
Posts: 2,640

Posted:

Laura:

What do your documents state? Is it against them to have a home business and/or advertise on your vehicle. In our subdivision it probably would be ok, because home businesses are allowed if they don't create traffice problems or are a nuisance to neighbors.

HaroldS1 (Arizona)
Posts: 314

Posted:

Is he bothering anyone with this "business?" Does he grind and weld into the wee hours? Are there delivery trucks coming and going at all hours? I mean you don't even sound sure yourself. Is this based on a complaint? Is it against your rules to repair things for friends? And the appliances prove what?
How do you prove it? Why don't you ask him to repair something for you and if he charges you for it, BINGO. (At least you'll know you aren't a friend.) Harold

JM2 (Oregon)
Posts: 439

Posted:

Hi Laura:

Part of it depends on what your CC&R's say, and part of it depends on what's visible from within the community. If he was an accountant who worked on his computer, there wouldn't be any evidence of a business - would anybody care?

Part of the issue depends on what's visible within the community. If he's doing work that is visible/noisy, has his garage open and it's clearly a working "shop" environment, if he's constantly receiving deliveries, or there is a lot of traffic coming and going - real evidence of a business going on - then your HOA would need to enforce the covenants. If none of that is visible, then it becomes gray area. There are times when your city or county code compliance is a much better way to deal with some of these things, something to consider as well.

The HOA would be within its rights to request that he park his truck within the garage or else store it off-site, if it's clearly a commercial vehicle (not a vehicle that would be otherwise used by someone simply for carrying passengers in a normal family environment).

You might want to check your Secretary of State's website to see if he has a business incorporated, or check with your state's construction board to see if he has a contractor's license. Either would be additional proof that he's running a business out of the house.

You might need to get into the legal tangle/tango to take care of this.

J. Patrick Moore, CMCA

RonaldW (South Carolina)
Posts: 901

Posted:

Quote:

Posted By LauraD on 04/26/2007 6:40 PM
We have a HOA resident that we "believe" is conducting a handyman/repair
service out of his home. He adveretizes on the side of his truck, welds in his
garage, and has various appliances in his garage. This would be in violation
of our CCR's.
He states "I am doing this only for friends."
How do we prove otherwise? (Peferably without getting into a legal tangle.)
hat kind or how much proof do we need to confront him?

That's a pretty hard one to enforce. Consider as someone else posted, an accountant working out of his home and no client visits. Someone buying and selling on the Internet? Consider teenagers mowing neighbor's lawns or babysitting. An employee of a business working from home via computer. Technically, all the above would be "business use" of the property and under many covenants, a violation. Does anyone in the neighborhood provide child care for money? Again, technically a "business use".

Personally, I have "various appliances" in my garage. A hobby is woodworking. I don't do this for money but I'll saw and hammer now and then. I'm also a part time musician and my "business address" is my home. I don't play music at home but that is where I store my equipment and receive calls.

Depending on your covenants, he may be in violation for advertising on his vehicle. Other than that, if he is not creating a nuisance or disturbance from excessive traffic or noise, you're probably best to leave him be. If you try to make him hut down what he is doing you will need to stop any other "home based businesses" such as those mentioned above.

Ron
SC

RogerB (Colorado)
Posts: 5,067

Posted:

This was discussed some time ago and I remember a simple guideline someone posted on home businesses. If you can't see, hear, or smell it, it is not an enforceable violation.

DwightT (Idaho)
Posts: 664

Posted:

FWIW: about a year ago we had a homeowner who was running a rock cutting/polishing (think granite counter-tops) business out of his garage. The noise created by his equipment was unbelievable. He was also allowing the waste (rock dust and polishing compounds) to run into the gutters and thus into the storm-drain system. I don't know if city closed him down because of the noise or if it was the county because of the waste, but the last I heard he had to rent a shop in an industrial park somewhere.

If he is causing excessive noise, even during the day, and your city has an effective noise policy, you may be able to ask code enforcement to come out and investigate.

LauraD (Arizona)
Posts: 18

Posted:

His garage is open, filled with "shop" equipment, he grinds & welds
in his garage, and one neighbor has "mentioned" the noise. One does
not a problem make butd now we have a second person asking about a business
in the home hee wants to buy here!! We want to set the right precident.
Tele-commuting is different than a repair & handy man in a garage....
I am a computer nurse and do work at home when it is too much to do at
the Medical Center. We will check out the State and County sites.
Thanks all.
Laura

JulieS (Georgia)
Posts: 412

Posted:

Instead of using the 'running a business out of your home' approach, why don't you go after the noise problem, or many covenants state you must have the garage door closed except for ingress/egress. This might be something easier to tackle. He may not even know that what he is doing is bothering someone. By accusing him of running a business out of his home, he may get angry and hostile, creating a fight. I would send a simple letter regarding the noise since this is what really seems to be the problem.

LauraD (Arizona)
Posts: 18

Posted:

Good strategy - Thanks.
And that is measureable & tangible
Laura

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