Retired Veteran and HOA

Started by ThomasC18 • 9 replies • 1363 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

ThomasC18 (Florida)
Posts: 2

Posted:

I'm a retired veteran after 20 plus years of service to my Country.
I purchased a home in a central Florida subdivision with a HOA. I have always been very talented at wood working
and own the tools to do quality cabinetmaking for a hobby.
The HOA tells me that my hobby is a business, I have done some cabinet work for my neighbors and the surrounding area.
It is not that I'm doing 8 am to 5 pm or late at night every day work in my garage. It's more like several hours, a couple days of the week.
There are no signs or vehicles with commercial signs parked in my driveway.
The chairman of the HOA pulled me aside at the last meeting and advised me I was operating a business which is forbidden per the convenience,
I responded that it was just a garage hobby to keep me occupied, and to make a couple of bucks in the process.
He responded "that's a business and forbidden in this community".
Somebody please help me what am I to do in retirement, sit in a rocking chair out back and watch the rest of my life on earth go by?
IT'S JUST A HOBBY AM I DENIED THAT IN FLORIDA??????

BobD4 (up north)
Posts: 1,002

Posted:

ThomasC18 Fla Thank you for serving your country, and arguably most of the Free World.

In the interests of a smooth retirement, the first contact you described is short of some unpleasant scenarios that could ensue if the association actually has legal governancing authority. (Maybe it doesn't). But the Pres' message seems to reject even hobby carpentry.

It is worth mastering & complying with the association's governance documents to avoid triggering a business prohibition.
Lots of noiseless internet business or 'consulting' gets few folks agitated, but sufficient deliveries & trucks can.

It is not easy to prove a commercial usage beyond a marginal hobby, but at the very least you will respectfully be best served to master and rigidly comply with your association's governance provisions as to noise, vibrations, dust etc.

Down the road you may need a lawyer or paralegal.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I would approach the board and have them define "Business". It is true your not to have a professional business run out of your home. For Example, you can't run a doctor's office and put a "shingle" up. However, you can have a home based business/hobby like "Tupperware" sales. One that does NOT advertise or generates traffic.

I see nothing wrong with what you are doing. It's a hobby and any sales only matters to the IRS. They are going to tax your for it. Otherwise, the HOA can not point fingers and say "Your a business". They would have to prove it. Do you need a license for what you do? Not likely. Do you have a Tax ID? Nope. It's a HOBBY until THEY prove otherwise.

My bet is they don't like the noise coming from the garage or the door being open while your working. There are HOA's like that. You probably picked to live in that one... I would tell them prove it's a business or otherwise let me get along with my HOBBY!

Former HOA President

BobD4 (up north)
Posts: 1,002

Posted:

Good comments.

It's never a bad idea to try to think empathetically from reverse positions : Do any of your neighbours get a recurrent smell of stain /paint ? Or hear a couple of almost solid hours of a table saw ? They also paid to retire and maybe their hearing aids work only too well . . .

KerryL1 (California)
Posts: 14,550

Posted:

I, too, thank you for your service. It might help us here if you cite the article or section in your covenants that forbids businesses. The issue isn't about Florida, it's about the covenants and restrictions in your HOA. The documents your read when you bought in you HOA.

I'm wondering how far your garage is from others? Do you work with the door open?

In many HOAs the president wouldn't pull someone aside with a gentle message; they'd send a violation notice...

PitA
Posts: 1,416

Posted:

Do your CCRs and or HOA require a vehicle be parked in the garage?

Do your CCRs and or HOA have 'nuisance' language?

Has a neighbor complained?

Thank you for actually fighting for my freedom!!!!!

Why would a freedom fighter move into a community with restrictive covenants?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

If I had a neighbor with a garage door open and machinery running more then occasionally (as in quite often), I would also think this might be a business versus a hobby.

BobD4 (up north)
Posts: 1,002

Posted:

and there's another teaser : Garage smoke/heat alarms, fire suppression devices, garage venting equipment ? :

If you have zero, does it make your neighbours think you could trigger a fire ?

Or that you aren't a danger at all ?

OR if you have some very elaborate systems, does it make your neighbours think you must be a big risk ?

PitA
Posts: 1,416

Posted:

yet another teaser:

? zoning to permit a cabinetry type woodworking shop ?

JanetB2 (Colorado)
Posts: 4,219

Posted:

Do your woodworking ... but be sure you DO NOT sell anything to any of your neighbors or advertise anywhere with your name and phone number. Selling to a neighbor is how they can prove potential business. You can build what you want and potentially give it away to others (if they happen to give you a thank you donation to cover your materials and time ... how nice of them). Also, review your CCR's to inure the individual who made the comment to you is reading correctly as some allow home business as long as nobody physically comes to your home.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here