BillG6
(Florida)
Posts:41
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| 08/16/2008 9:08 AM |
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| Help....I'm looking for verbiage regarding individual homeowners conducting Garage/Yard Sales as they see fit. As it is now, each homeowner has the opportunity of participating in our Annual Community Yard Sale, however, we have homeowners who feel they should have the opportunity at anytime to conduct their individual sale. Thank you! |
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DonnaS
(Tennessee)
Posts:5671
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| 08/16/2008 9:17 AM |
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Bill,
Are you gated or ungated, single family stand alones or villas, condos? |
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JohnK3
(Pennsylvania)
Posts:967
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| 08/16/2008 9:19 AM |
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Bill,
I'm guessing you are interested in preventing individual sales, or at least somehow regulating them. Is that correct, and if so, why? |
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MaryA1
Posts:0
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| 08/16/2008 9:19 AM |
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Posted By BillG6 on 08/16/2008 9:08 AM
Help....I'm looking for verbiage regarding individual homeowners conducting Garage/Yard Sales as they see fit. As it is now, each homeowner has the opportunity of participating in our Annual Community Yard Sale, however, we have homeowners who feel they should have the opportunity at anytime to conduct their individual sale. Thank you!
Bill,
Sorry I don't have a model rule for you. However, I would suggest that if the BOD is adamant about adopting a rule prohibiting garage sales, other than the assn sponsored garage sale, they would consider allowing any member to have a garage sale in conjunction with selling their property or moving from the community. My HOA sponsors a garage sale twice a year but there is no rule prohibiting a garage sale at any other time during the year.
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BillG6
(Florida)
Posts:41
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| 08/16/2008 9:20 AM |
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| We are a HOA Mobile Home Park, ungated. And, glad to hear from you Donna! |
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BillG6
(Florida)
Posts:41
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| 08/16/2008 9:34 AM |
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| We are trying to limit the amount of traffic through the community as well the additional parking of community streets, neighbor yards and/or driveways. |
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DonnaS
(Tennessee)
Posts:5671
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| 08/16/2008 9:45 AM |
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Bill,
Check your local ordinances. I know that Martin Co. allows only 3 per year and I think there is a $5.00 charge per time.
I need to take time with my creative juices flowing to compose something because we did not have anything written. |
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MicheleD
(Kentucky)
Posts:4491
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| 08/16/2008 9:51 AM |
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Agree with Donna.
Our local municipality restricts homeowners to only 2 garage/yard sales per year.
Also, permits are required.
Check with local zoning restrictions first. It may be their dog to leash.
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JohnK3
(Pennsylvania)
Posts:967
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| 08/16/2008 9:52 AM |
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Are birthday/graduation/confirmation/baptism/bridal shower/Tupperware/sex toy parties allowed? If so, might be a tough one to craft.
Note to Donna: To whom is the $5 you mention paid to? And for what? |
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DonnaS
(Tennessee)
Posts:5671
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| 08/16/2008 10:15 AM |
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John,
The $5.00 is paid to the County. From there, only the Government Gods know where it goes. I heard once that it goes into a fund for enforcement costs but??? |
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SusanW1
(Michigan)
Posts:5202
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| 08/17/2008 6:15 AM |
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There's one home in our area that has a "chronic" garage sale. Lasts all summer. Hauls in stuff from all over to re-sell.
My community says 3 times per year, 3 days per sale, permit required.
I don't blame you for wanting to get a handle on this.
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BillG6
(Florida)
Posts:41
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| 08/17/2008 6:45 AM |
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| thanks everyone for replying. I'm actually looking for POA's/HOA's that have something in their docs and how it is written. |
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MaryA1
Posts:0
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| 08/17/2008 6:48 AM |
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Posted By SusanW1 on 08/17/2008 6:15 AM
There's one home in our area that has a "chronic" garage sale. Lasts all summer. Hauls in stuff from all over to re-sell.
My community says 3 times per year, 3 days per sale, permit required.
I don't blame you for wanting to get a handle on this.
Susan,
IMO, that's operating a home business in the guise of a garage sale. Now, perhaps you have two violations to hit them with!
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GeorgerwilliamsW
(Indiana)
Posts:975
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| 08/17/2008 6:50 AM |
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Posted By SusanW1 on 08/17/2008 6:15 AM
There's one home in our area that has a "chronic" garage sale. Lasts all summer. Hauls in stuff from all over to re-sell.
My community says 3 times per year, 3 days per sale, permit required.
I don't blame you for wanting to get a handle on this. I agree with Susan. While we don't suffer from this problem in our community, it is an area for enforcing a reasonable rule by the association.
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DonnaS
(Tennessee)
Posts:5671
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| 08/17/2008 8:10 AM |
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Bill,
Some food for thought.---
Yard Sales
Yard, garage, tag, or any other type of private sale of items shall
not be considered business use, provided the homeowner holds or
advertises no more than 2 sales per year (to include any
community sale that the homeowner participates in), and provided
those sales are held for no more than 3 consecutive days and only
during the hours of 8 AM to 5 PM. Vehicles may not park on grassy areas or on any common grounds nor shall they block any paved areas including driveways, cul-du-sacs or street entrances.
Is there any kind of addressing of the sales in your current Bylaws or CC&Rs? If not AND your Board has the authority to create a rule and reg. for the yard sales, then it can be enacted as a Rule and Reg.. BUT, remember!!! once the rule is written, it must be sent out to ALL of the owners/residents 14 days PRIOR to it being voted on. That's the Statutes. This gives the members of the association time to gather their ammo to address the Board at a duly called meeting.
And again, check with your Countyor township to see if they have any rules that would counter the proposal. |
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RandyM2
(California)
Posts:1
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| 12/10/2011 8:22 AM |
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I'm going to bring this thread up from the past. First time poster here, great forum, will use extensively now I know about it.
We are a small HOA with 13 units. The big issue we have with garage sales is the noise and traffic it brings into our common area at a very early time. These garage sales are not HOA organized, but become a surprise to all residents when it does occur.
What do you all suggest. Currently we don't have any restrictions on garage sales in our CC&R's. While we haven't had an owner/renter abuse this by having garage sales every weekend, the option could occur.
Do most of you sponsor some sort of "Twice Annual all HOA" garage sales? |
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JeffR7
(California)
Posts:245
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| 12/10/2011 8:49 AM |
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Randy, I urge you to first see if you really have a problem. How often does it happen? You have 13 homes. If every single one would have one garage sale per year that would be one every 4 weeks or about once a month. Sure, you could get in a situation where one owner gets in a habit of having them weekly, but I would just deal with that issue when time comes.
One thing that you can do is have one or two HOA organized garage sales per year. This will give opportunity to everyone to participate and brings additional traffic to each owner. |
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RobertC14
(New Jersey)
Posts:45
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| 12/13/2011 12:55 PM |
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Posted By BillG6 on 08/17/2008 6:45 AM
thanks everyone for replying. I'm actually looking for POA's/HOA's that have something in their docs and how it is written.
i'm going to play devils advocate here.
in this economic climate where people are losing jobs, are having difficulty making ends meet, are being taxed into poverty, are losing homes, do we really need to be hounding people for chronic garage sales?
most of the time the people who start doing chronic garage sales are peole who are just rying to keep a roof over their head and their head above water.
when the economy is good and unemployment is low than i can see a need to enforce such a rule as there is no real legitimate reason, but in this economy we should really be helping our neighbors keep their heads above water, not help drown them and before you say go to flea markets the government has stuck their fingers in that now too. i went to sell at a flea market and they wanted my SS#, PH#, Address, DL, $25.00 for a table and handed me a sales tax and income tax reporting form you needed to fill out and return to them upon leaving.
now that i am done playing devils advocate (and i hope mods will leave this message intact)
most municipalities limit yards sales to 3 x 3 day weekends (fri, sat, sun) a year per an address. some require a fee/permit, some don't, very few have no restrictions. some do 2 weekends, some do 5 weekends, some ban yardsales entirely save for a once or twice a years municipal sponsored sale. |
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JerryM5
(Rhode Island)
Posts:5
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| 12/13/2011 7:44 PM |
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| I would not have any problems with actually allowing those who would decide to start their individual sale just at any time like it. I mean, there would not be that much to it anyway so might as well. The only reason why you would want everyone to start about the same time is to have some measure of control which you obviously will not be able to do for individual starts. |
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