fundraiser or business?

Our documents state "No businss, trade, occupation or profession of any kind, whether carried on for profit or otherwise, shall be conducted, maintained or permitted in any Apartent or the Common Areas and Facilities. This restriction, however shall not be deemed to prohibit an Ownr from maintaining his personal library therein or keeping his matters relating to business or professional records or accounts therein, or handling matters relating to his business by telephone or correspondence therefrom, such uses being expressly declared herein as customarily incidentalto the principal residential us.

A resident posted a notice of a fundraiser cookis sale by a granddaughter. I see nothing in our documents to prevent this type of activity.

But another resident insists that the part of the document I quoted above prevents even such a fundraiser.

What is your opinion on this. Thanks.

Bonnie:

I am not seeing the correlation to the covenants and don't think a fundraiser falls into it. I see nothing wrong with a once in awhile thing as long as they are not soliciting the neighborhood.

Bonnie,

This is when common sense needs to kick in.

Technically, a child's lemonade stand set up in the front yard on a hot summers day is a business.
Common Sense says this isn't what the intent of a "no business" rule is trying to prevent.

Tell the owner that, the Association has noted their concern and then let common sense prevail.

The rule states a person cannot conduct a business from his unit, it doesn't prevent repairment from coming. I could not tutor students, but a plumber can come if I have a stopped up sind.

Now, to get serious.

Most declarations do not require the board to take action on each and every complaint. If your declaration has language that allows owners to enforce the covenants through legal action, you might want to consider the following response:

"Thank you for alerting the Board of Directors of a possible violation of our Declaration. The Board has determined that taking action in this matter would not be a prudent use of our shared resources and therefore declines to take any further action at this time. You are free to pursue legal action against the alleged violator at your own expense."

Thanks to all who replied. I never read it as not allowing a plumber in to work on my pipes. Our over 30 year old documents desparately need revising.

Once I mentioned to our President that I felt every Board member should have a copy of all the contracts, she said something to that is too much paperwork.

When I was at Home Depot (on my own) just checking on the price of a mold tester (A resident has been complaining of mold) See discouraged me from buying it.

It just seems that see puts a lid on anything I suggest so I know revising our documents is not on her radar. And since I am Secretary, I am not thrilled about it, but I know it needs to be done.

Thanks, that is great advise. However, I need to be really certain that I am ready to do all the work involved as Secretary before I make a motion and I want to do my homework so that I will know exactly what is involved in revising our documents.
Currently we are preparing for the annual meeting so I definitely will wait until after the annual meeting and after I have done some more homework.