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SwanB (Washington)
Posts: 199
Posted:
Right off the bat the folks on this forum would probably say, follow your governing documents and see if you can make an amendment to change the Bylaw. What if the rule is in the CCRs and the changes of those aren't reflected in your governing document? Who is responsible for making those changes to outdated or unrealistic or unclear rules in the CCRs?
Here is a good example for the forum:
Our covenants (CCRs) state:
"Commercial and business activity, established as inadmissible"
Back in 1971 when the CCRs and Bylaws were written, the intent was to keep beauty salons, car repair shops, daycares, etc. from setting up businesses in our HOA. Now we have members who telecommute to their work places or run their businesses from their computers in their homes. We have members who are contractors. We have members who are independent real estate appraisers or home decorators.
The previous Boards have allowed all of these 'businesses or commercial activities' to occur. However they have used this part of the CCRs to limit and restrict property rentals, repeatedly. Very short sighted of them as far as I am concerned.
I believe this: be clear in your governing documents or don't put it in. Once you discover a lack of clarity, clean it up or get rid of it the way you are allowed to and quit hiding behind this 'intent of the original'.
RogerB (Colorado)
Posts: 5,067
Posted:
Swan the members of the association are responsible for amending the Declaration of CC&Rs. If the Declaration does not define how it can be amended I would look to state statutes. Colorado has such a statute in the Colorado Common Interest Ownership Act. It allows amendments when over 50% of all owners approve and provides a maximum of 67% even if an HOA's Declaration requires a higher percentage.

If you can get sufficient support why not amend the Declartion. Until such time I would continue the current policy because it is difficult to prove many of the businesses mentioned are in violation unless they great a problem outside the home.
BrianB (California)
Posts: 2,820
Posted:
i would argue slightly Roger's verbage...

It isn't difficult to prove that businesses in homes are a violation of a "no business in homes" regulation. Regulation says no businesses, you have a business, you are in violation. Period.

But what i think he and i agree on is that it is difficult to prove that such a violation in any way HARMS the association.

I am a writer (not a good one, but i try). Technically, if i write at home, i am violating my CC&R's, which prohibit the operation of ANY home based business. If i write to make money, i am running a business. I am violating our CC&R's. Is it hurting anyone? I doubt anyone could make a case stick in court that my writing a new novel on my laptop lowers property values, weakens the neighborhood, etc., but it does violate the wording of the CC&R.
LisaS (Illinois)
Posts: 341
Posted:
Our documents state that you may have a home business that is not designated by exterior signs, does not create any additional traffic, and does not violate any Village ordinance (e.g. too many kids in a daycare home, unlicensed beauty salon, noise rules, etc)

For us so far, it works.

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