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| Wednesday, January 07, 2009
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| IHG Insurance (National Insurance Provider) |
| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
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| Author |
Messages |
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StacyS
(Florida)
Posts:11
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| 05/18/2006 8:36 AM |
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Our Florida HOA is in process of updating our covenants which were originally written in 1975. They were updated in 1999, but were not legal. 1975 Covenants state "No lot shall be used except for residential purposes: provided, however, that the Grantor(Association) does hereby expressly reserve the right to authorize and grant in writing unto certain professional persons in certain designated areas the right to maintain an office in their residence."
The 1999 covenants that were not legal state "No business use shall be allowed which include signage; traffic or parking by customers, clients or employees; noise; outdoor equipment stprage; or any other activity which is not permitted in a residential district by Sarasota County Zoning Code."
Our deed restriction update committee states that "The Association does not have the authority to refuse owners the right to operate home businesses".
I can't find any rules in any FLA statutes or HOA Statutes that say the HOA's can't govern home businesses.
Please help,
Stacy |
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HaroldS
(Arizona)
Posts:904
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| 05/18/2006 2:23 PM |
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| Stacy - what does your Sarasota County Zoning Code say? Here again your HOA might be trying to enact an already existing cure. Harold |
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RogerB
(Colorado)
Posts:3724
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| 05/18/2006 3:38 PM |
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| Stacy, you didn't say the basis for the statement by the deed restriction update committee. Were they referencing the Sarasota County Zoning Code? Also, was statement "the 1999 Covenants that were not legal" based on an Florida Apeals Court decision? If not, what higher order statute, code, or ordinance was used in determining they are illegal? |
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Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150 
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
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BrianB
(California)
Posts:1748
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| 05/18/2006 4:14 PM |
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| I would be very surprised that an Association cannot restrict businesses in their neighborhoods. My first challenge is to the people who told you that. Demand proof that an HOA cannot limit business use of property. If that statement is true, and an HOA cannot limit the type of business (or business in general), then most HOA's shouldn't even bother to exist. Hard to maintain property values when you can build car repair garage, day care, chemical lab, etc. in your neighborhood. |
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WilliamM1
(Florida)
Posts:2
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| 06/03/2006 2:19 PM |
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Cut and paste the Florida statutes # 720 below which relate to the HOA then print a copy for your records.
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0720/titl0720.htm&StatuteYear=2005&Title=%2D%3E2005%2D%3EChapter%20720
Contact the Sarasota County Tax collector and the zoning department for home based businesses and their regulations. Also contact any city government that may control your area if you live in a city with in Sarasota.
The HOA might prevent you from posting a sign as zoning might allow a 24" x 24" sign or smaller.
Zoning might and will possibly not allow traffic or deliveries...
However should you be addicted to the Home Shopping Club you would have an UPS truck showing up every day and they would not know the differance.
What if you sold Mary Kay or Tupper Ware... these businesses do not even get occupational licenses anyhow... and would still get a UPS truck showing up... you would not normally have foot traffic as you would deliver after you recieved them.
I own a business with an office at our main location and I also have an office at home, what makes a HOA think they can govern what goes on inside my home... however they can and will govern what goes on outside.
Bill |
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