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CalvinM1 (North Carolina)
Posts: 1
Posted:
I live in a community of approximately 160 homes. The original builder sold the remaining lots (approximately 20) to another home builder. However, the original home builder still owns a model home in the community and is now using it to sell build on your own lots sales.

Our HOA laws and regulations prohibit private businesses from being established in the community. Can we prohibit the original builder from using the model home?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
This rule was created in HOA's so that one doesn't use their home to "Put a shingle up". That means they don't want members to open up a hair salon or private practice. (Lawyer, dentist, doctor etc...). However, it doesn't necessarily rule out other kind of businesses like Tupperware or other such home based businesses. Those don't generate parking issues or frequent visitors.

Now this situation is a bit unique. Is the HOA under owner control or developer? That was a bit unclear to me. Could there be some kind of arrangement between the 2 builders? Why else would there be a need for a sales/model home if this builder is no longer selling anything? What is their connection to the HOA now as you say they sold out? Is this for other communities they own?

I would look at what your HOA can do for consequences. Just because it's against the rules doesn't mean one can enforce the rules... Meaning do you have the option of liens, foreclosure, or fines in your documents? Do you have a fining schedule? Seems to me once you find the violation ya need to follow up on what you can do about it.

Former HOA President
MarkM31 (Washington)
Posts: 351
Posted:
Does the HOA exist outside declerant control?

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