Business Plaza HOA force to close the business for the maintenance

Started by JohnJ20 • 15 replies • 580 views

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JohnJ20 (Florida)
Posts: 2

Posted:

Hi,

I am renting a retail space in a small semi industrial plaza and run a retail store for small pets. My HOA has sent a notice that i need to close my business during a weekend in January for 2 days and will not have any access to my customers or I cannot keep my business open. The maintenance activity the HOA wanted to perform is to resurface and restripte the parking lots in the plaza.

Closing a weekend means I am going to lose straigt 20% of my revenue for the month, as my revenue for the week is only on the weekend. I am already struggling to keep my haead above the water and this means i may be forced to close my business permanently. I am willing to work with HOA and requested to divide the whole area into half and perform the maintenance over two weekends. I can make arrange to park the customer's vehicles into a near by area and keep the business open during the weekend. But my HOA has decline my request and this means I will end up closing my business permanently as I am already incurring a heavy loss. Cold anyone advise on the options i have. My business is in Lake Mary, Florida.

Thnks in advance for the advise on the options I have.

SheliaH (Indiana)
Posts: 6,964

Posted:

Unfortunately, it's not necessarily the HOA's issue as to what happens with your business - I imagine neighboring businesses will be in the same position as you.

Is there a way you can squeeze in the normal business during the week so you wouldn't have to work at all that weekend? You might also consider getting your customers to place orders in advance and you spend the weekend delivering them. This way, you can load everything in a truck or van the day before the parking lot closes.

If you can make arrangements for the customers to park nearby, you'll also have to consider if there's a sidewalk they can use to access your business without going into the work area. It none of this is possible, you may have to bite the bullet and shut the store down at that time.

Talk to neighboring businesses and see what they're planning to do - if you all work together, that might keep the businesses accessible and the lot can be repaired.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

GenoS (Florida)
Posts: 4,276

Posted:

Is it a condo association or an HOA? If it's an HOA, then your business isn't even covered by Chapter 720 of the Florida Statutes, which says (FS 720.302),

"This chapter does not apply to:
a) A community that is composed of property primarily intended for commercial, industrial, or other nonresidential use; or
b) The commercial or industrial parcels in a community that contains both residential parcels and parcels intended for commercial or industrial use."

Are you sure your place of business is on property managed by and subject to covenants of an HOA? Such arrangements are much more common in a Condominium Association.

PaulJ6
Posts: 990

Posted:

Quote:

Posted By JohnJ20 on 12/12/2019 1:25 PM
Hi,

I am renting a retail space in a small semi industrial plaza and run a retail store for small pets. My HOA has sent a notice that i need to close my business during a weekend in January for 2 days and will not have any access to my customers or I cannot keep my business open. The maintenance activity the HOA wanted to perform is to resurface and restripte the parking lots in the plaza.

Closing a weekend means I am going to lose straigt 20% of my revenue for the month, as my revenue for the week is only on the weekend. I am already struggling to keep my haead above the water and this means i may be forced to close my business permanently. I am willing to work with HOA and requested to divide the whole area into half and perform the maintenance over two weekends. I can make arrange to park the customer's vehicles into a near by area and keep the business open during the weekend. But my HOA has decline my request and this means I will end up closing my business permanently as I am already incurring a heavy loss. Cold anyone advise on the options i have. My business is in Lake Mary, Florida.

Thnks in advance for the advise on the options I have.

I've dealt with this situation in my job, as a lawyer.

Look at the terms of your lease. If the lease doesn't allow the HOA to do that, then it's a breach of contract and you can sue (or at least threaten to sue).

But it's best to just organize the businesses in the plaza and get them to band together and resist this.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

So, closing for two days will put you out of business?

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

Thnks in advance for the advise on the options I have.

Suggest a different day?

The work needs to be completed...... see if they can come up with a non-weekend date that might work better for everyone.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

I am willing to work with HOA and requested to divide the whole area into half and perform the maintenance over two weekends.

That is not likely to happen. The company would have to be paid twice, costing twice as much.

MarkM19 (Texas)
Posts: 1,459

Posted:

John,
They have a reason to repave and it is probably needed. The Vendor probably would charge much more to do all of the prep and work over 2 weekends. Every strip mall will have to repave at some point. If they were not doing the maintenance to your property you would probably be on this site complaining they were not doing their Fiduciary Duty. We know nothing about the other businesses in this development but I can guess that the weekend is the slowest time for the majority of the other owners.

Just like your HOA who has reserve funds for emergencies you should also have reserves for things that come up. I hope you are exaggerating when your say these 2 days may force you to close for good. If this is true you are really underfunded and if it doesn't happen this time and you don't prepare for the next time it will get you then.

I doubt you just heard about this paving project as they are usually well planned and discussed in meetings. I wish you luck with your business both now and in the future.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

The HOA is not in the business of keeping you in business. They are in the business of handling their own. Which paving maintenance is doing.

Take no offense to this but if your business can not take a 2 day hiatus without closing its doors, then you do not have a good business. What if a water main had broken or no power due to storms? Business would be closed then too.

Let them pave and take time to improve things in your business. Stop blaming others.

Former HOA President

SueW6 (Michigan)
Posts: 814

Posted:

An email blast or postcards to your customers will help. You DO have a customer social media connection, don’t you?

JohnJ20 (Florida)
Posts: 2

Posted:

Thank you so much for the suggestions. I respect your time on providing your advises and suggestions. Some of you asked the question of is it really in a bad shape that the closure on a weekend will put you out of business. Honestly, Yes. I am working with the HOA on options like to split the work over two weekends and agreeing to cover half of the additional expenses etc.
This is a wonderful forum with good suggestions from the members.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Johnb

In your original post you said being closed two days might make you have to close the business for good. Now you are willing to pay some of the resurfacing cost. Those statements seem to be at odds.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Ah.

LetA (Nevada)
Posts: 2,679

Posted:

I find it ludicrous that your HOA is forcing the closure of businesses for two days to resurface the parking lot. Typically these projects are completed over the course of several days so they DON'T impact business or residents.. I personally feel someone on your HOA is being unreasonable, perhaps the contractor performing the resurfacing is too close to the decision makers on the board.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By LetA on 12/14/2019 6:34 AM
I find it ludicrous that your HOA is forcing the closure of businesses for two days to resurface the parking lot. Typically these projects are completed over the course of several days so they DON'T impact business or residents.. I personally feel someone on your HOA is being unreasonable, perhaps the contractor performing the resurfacing is too close to the decision makers on the board.

Any solid business lease should cover shutting down for repairs so like it or not, it could be proper.

GenoS (Florida)
Posts: 4,276

Posted:

Nity-gritty details should be in the lease.

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