Web sites

Can I have a functioning web site while I live in a hoa community. I create Bonsai. I travel to garden shows and festivals to sell my trees and supplies. I make no sales from home. Yes I store pots and supplies there. I have a entire Bonsai garden in my front yard that everyone loves who walks by. I conduct no businesses from home. My neighbor across from me is the president of the HOA. He along with mgmt said I can not have a web site or my name on my rear window of my car. My neighbor runs a handyman service from home car detailing and roof sealing. Can they do this to me? Any help is appreciated

Ask the President and management to cite the covenant they claim you are violating. Then post it here.

Does either the web site or the ad on your car's rear window give an address within the HOA?

Thinking about this ...

Is the Board saying you cannot have a work vehicle with signage In your driveway or on the street? If so, this is pretty common - assuming your governing docs support the restriction.

They state per our perspectives no home based businesses. But like I said the office recommended the hoa president to do work for a neighbor who runs a handyman business from home

You probably should excerpt and post the CCRs for us.

The issue may be the visible nature of the business - it may not be the signage, but rather the for sale plants which are obviously visible.

This is weird - you said you live in a HOA that's voluntary, you're not in it, but the president is trying to say you can't have your business name or website address on your car???? Unless they could show me specific language in the documents saying cars, trucks and such can't have any business advertising, I'd ignore them. You might want to check the documents you got at closing to see if they say anything about you being in the HOA (lots of people on this site have assumed they weren't in a HOA and found out otherwise - the hard way).

If they send you a nastygram threatening legal action of some sort, run this by an attorney (most of us aren't attorneys and can't give you legal advice).
That said, I'm wondering if there's some sort of wacky city or county ordinance regarding this - that would also be strange, but life is strange and HOAs can be stranger, so maybe the guy's trying to make a claim based on that. You may want to call the city or county and find out. Don't be surprised if there isn't anything - the law is still catching up to the world of websites, social media and all that. In the meantime, you might not be selling anything from your home, but it's possible someone, somewhere, thinks your yard looks like some sort of showroom and is attracting too much traffic, and that's what's really driving this.

RobertG38, I think I would tell the guy that (1) you do not believe that having business supplies at one's home, without selling out of one's home, qualifies as a "home based business"; and (2) any action he takes to try to get you to take down your web site might be unlawful tortious interference with a business. Barring more information, I would ignore whatever else he sends you.

In a voluntary HOA, I would ignore them. None of the obligations, rights, or responsibilities required by FS 720 (the FL HOA Statute) have any effect whatsoever on an HOA where mandatory assessments are not imposed. I would double-check my deed for restrictions. You can be subject to those and other covenants that run with the land even if there is no mandatory Homeowners Association involved.

I think his Bonsai "business" reads like a year round yard sale to the neighbors. Not necessarily a "bad" thing but something that doesn't scream attractive. For example, had a neighbor that believe made a living by going to yard sales/flea markets. So there was frequently large or groups of items in the front yard. It came off kind of "hoarder". Several neighbors did not like it. I found out about her business when saw her driving a truck by a Flea Market. Know people whom have like businesses.

So this may be the issue the HOA may be having that it does come across as a "business" which attracts frequent traffic/noise. It's typically okay to have an at home business as long as it's not advertised. What many call "putting a shingle out". So maybe moving the Bonsai Business out of the front view may resolve the issue.

People sale Tupperware all the time but you don't see it hanging out in view...

Voluntary HOAs are problematic.

The HOA and the individual property owner might be able to sue for CCR compliance, but between FS 617 and 720 it gets confusing.

I haven’t found a good answer to the very odd circumstance if voluntary HOAs in Florida.

My front yard is a Asian garden displaying Bonsai, niwaki and moss. It is not a store front. I create gardens for friends and family. I take my Bonsai and supplies to festivals and market places to sell. I have been photographed doing so by neighbors he send to spy on me then presented this to mgmt as his proof I run a business from home. These people can not run my life can they?

Sadly, without a lot more information, governing documents, etc, this likely another dead end discussion.

To me, any advice would be based on significant conjecture.