Board Authority

Our Rules and Regulations say garage sales are not permitted.

Some board members want to permit a 'moving/estate sale' for one of our homeowners.

In the past we have denied such requests and some members are very much against garage/yard/moving/estate or whatever sales and have been vocal about such.

Is it allowable for the board to overrule the R&Rs and grant this permission?

I'm not asking if allowing such a sale is reasonable (I'm sure it is) but I am asking if the board has the authority to overrule the R&R.

The Board is authorized to interpret the rules they pass, but they are leaving themselves open to discrimination lawsuits when they later deny a request for a sale of goods on premises.

I do not agree that the Board can simply ignore a Rule. In CA Rules & Regs ARE governing documents and though the Board can change them, this person seems to be asking for a special meeting of the Board to break the rule just for this owner.

In other words, your Board must vote at a meeting to allow this violation. And you must give owners 4 days notice to attend this special meeting. Your Board or SOMEONE has denied this in th past. With Dean wouldn't even consider it.

I actual wonder WHY anyone is considering this???

Dean didn’t say he wouldn’t consider it. When HOA rules are adopted, a Board can’t account for every special situation that may arise. Your board is also empowered to interpret the regulations and CC&Rs. While my community isn’t condos, we have a regulation limiting garage sales.

We were presented the situation of an executor requesting permission estate sale that exceeded the limitation. The board approved the request.

So why did we do this?

1. The board believes having vacant homes in the community is not a benefit to the community, favors estates being settled,
the homes occupied.

2. The board recognized the intent of the regulation was not to prohibit executors of estates from the execution of their duties to liquidate the property. The intent of the regulation applied to home owners and occupants holding casual on premises sales.

3. No one was required to get permission to hold a garage sale.

4. If an estate sale violated the garage sale rule, the owner would receive a warning allowing him to correct the violation without a fine. We weren’t sure if we were supposed to attach the warning to the grave stone or mail it to address of record.

Sorry about my mistake, Dean.

But, again, in our state, Boards, must hold an open meeting to make an exception or violate a rule or "interpret" a rule. 4 days' notice & the agenda must be given to owners.

But what exactly DOES the rule say, LmT? If it specifies solely "garage sales," does your Board expand the definition?

Your Boards have denied estate sales in the past and for a few reasons, I think you should stay consistent with that practice.

How to think about this:

* What are the reasons behind the rule banning yard/garage sales? Possible reasons: insufficient parking/traffic issues; damage to common elements; uninsured liability if attendee is injured on the premises; classified as a business activity for which the association is not insured; other?

* Do these reasons apply to estate sales? If no, in what ways are estate sales different?

* Does the association have an interest or obligation is settling a (former) owner's estate? If yes, what are those interests or obligations, and where are they stated (CC&Rs, state law, other)? If no, what is the justification for making an exception?

* What are the potential consequences of making an exception? Is the association prepared to deal with them? Possible consequences: unplanned repairs to common elements; setting of a precedent; impact on insurance; other?