Doing business from home

Does HOA has right or obligation to warn or give violation notice to residents if they do business from their garage like weekend snack sale / cooking etc ?

Thanks
RA

CCRs are silent on this.. there is no wording in them regarding home businesses.

Thanks
RA

You are cooking in your garage and selling food from there on the weekends?

I would think the first requirement would be health department approval ...

Specifics would be helpful.

Here's some thoughts to ponder, are clients coming to this location to purchase food? Or is the person a caterer, are they delivering the food to clients. Issues like these pop-up up in my HOA on occasion.
We have had a guy do auto mechanic work bringing junk and whatever cars into the community to work on them, people waiting for their cars to get worked on, we had a barber set up shop in their garage.
we even had a lady open up a daycare and was using community amenities for her daycare. These issues can lead to bigger issues. our CC&R'S clearly forbid home businesses. but the covenants are too bland
and are just a blanket statement. This isn't difficult to enforce, just a pain in the butt..Review your governing documents, issue warning letters and follow up, fine them and call them to a hearing if the issue persists.

Authorities will likely not blame the HOA.

Individuals might (as the HOA has bigger pockets then an individual).

My suggestions:

1) get an opinion from your attorney (as this will help protect the Association and board).
The question to ask would be: do our governing documents restrict home businesses, specifically food sales from a garage?

2) If truly concerned, contact the authorities (permitting office and/or health dept.) about the activity.

However, If it were me, i would seek a legal opinion.

This type of business isn't against the law nor the HOA's. The "Business at home" regards to professional type businesses. What is often referred to as "Putting a shingle up". Which means businesses like a doctor's office, dentist, or lawyer etc... One that attracts parking issues and advertisement. You can't just open up a daycare in your HOA home.

However, a business like selling Tupperware, being a day trader, yard sales, or cooking 1 time a week don't fall into this category. The difference being needing a license to operate.

Now in this case it is more of an issue with the health department rules. Even if you cook at home, you have to pass their inspection. We have a "Meals on Wheels" group locally. Which they are even subject to the Health inspector. Being at home and doing the same charity work cooking meals is subject to that. Even if I sold home made goods at a flea market, health inspectors are to inspect.

So it's not necessarily "Illegal" what this person is doing. It's just more along the lines of bad business practices. # 1 they may need a business license. Something need to discuss with your local license department on those rules. Discuss the issue with the health department if have those concerns.

These people can continue to have their business in my opinion if no one is complaining about it with parking/eye sore stuff. It's just they need to do it on the up and up with what it entails to run a business.

NO

and

NO

I am in complete disagreement with Melissa.

The prohibition against businesses is far more broad than those she ha stated are covered. I would certainly believe car repairs in driveways and garages, cooking in garages, parking of lawn service equipment, sales of equipment, dance schools ... sheesh ... long list of businesses these prohibitions in CCRs are designed to protect AGAINST.

Please don’t get depressed - just lean in and fight this sort of thing - maintain your neighborhood!

Ditto. Par for the course.

I don’t know about regulations regarding cooking in garages as a business.I do know from experience that anyone over65 can work from home .

I can tell you from personal experience that part of the Elderly Protection Laws allows for those over 65 to work from home. As far as cooking in a garage. I don't know. -

I am a composer,producer and my home studio and company were approved when I turned 65.
End of story.(And I still don’t know about cooking in a garage) 😄

Artists, composers, authors and composers are explicitly allowed home occupations in my county, and the HOA follows the county code where possible. What you've described wouldn't be an issue (unless you're in one of those 55+ communities that have weird rules).

Anyone who moved into my HOA and tried to run a barber shop out of his garage would face the HOA violation policy if he continued to violate our CC&Rs after a warning or two, senior citizen or not, because there is no law, such as you refuse to cite, that does what you claim.

Fred,

What is the attribution for your statements?

To where and what law are you referring?