Yard/Garage Sales

Started by MaureenM1 • 8 replies • 6704 views

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MaureenM1 (PA)
Posts: 344

Posted:

On a lighter note than my usual posts...

The residents in our community want to hold a community Yard/Garage Sale. They approached me since I am
on the board and asked me if it was OK.

I checked our bylaws, etc. and did not see anything prohibiting Yard/Garage Sales. I sent an email to our PM
just as a courtesy and she responded that it would be preferred by the builder if the residents did not have
a sale. I responded back to her that there is no bylaws that prohibits such a sale and the residents are going
to hold their sale.

We are still under Declarant control but I don't see that he can say "No Yard Sales". Last I checked we live in a
free country.

Any thoughts...

PeterB1 (Florida)
Posts: 257

Posted:

Maureen,

Interesting you say: " Last I checked we live in a free country." But, when you move into a restricted community, you give up some of those freedoms. Perhaps, Yard Sales is a freedom you are denied.

We prohibit yard/garage sales for many reasons - one is that of security. However, we are governed by our Covenants which prohibit any "trade, business, or other commercial activity."

Seems pretty clear. Perhaps you should look for prohibition of 'business' in your community.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Maureen,

As long as the developer is still in control, it appears having a community (board sponsored) yard/garage sale will be out of the question. However, that shouldn't prevent any member from having their own garage sale since you state it isn't in violation of the community docs.

My assn sponsors a community yard sale twice a year. By "sponsor" I mean the assn erects the signs which have been purchased by the assn. Any member who wants to participate just puts out their items in their driveway on the appointed weekend. All the HOAs in my area do the same and people from all over the city look forward to these yard sales.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Yard sales are not technically considered "commercial trade" or "running a business" out of the home (which are both restricted by our covenants), unless they occur more than 2 times a year. Basically most yard sales, while they may bring in some $$$, one rarely "makes a profit" considering the original purchase prices of most things for sale.

But our metro zoning also prohibits more than 2 yard sales in a calendar by any one person. More than that and they consider the person running a "junk" yard.

At any rate, if anyone in our development does decide to have a yard sale, certain other covenants apply:

Parking must be limited per the documents

and

NO SIGNAGE allowed.

SusanS5 (Florida)
Posts: 16

Posted:

If yours is not a gated community and your docs don't speak to this, then I don't know why you all couldn't hold a neighborhood-wide sale. It may not be an official association-sanctioned sale, but that shouldn't make a dif. OTOH, if the developer can change the docs without owner approval, holding the sale might cause him to make changes prohibiting garage sale signs.

Why are developers sometimes so short-sighted? If the docs don't prohibit them, then by saying no to this, they are only causing negative feelings between owners and the developer. A wise developer should ask that they be kept to one or two a year and offer to pay for advertising. That $50 ad could build a lot of good will within the community.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Susan,

As with every issue, there are more facets to each of these requests. My Florida HOA had a few members that wanted to do an annual yard sale for the entire community. As a Board, it was brought to our attention that some of the other members had some issues with having a sale. One being that we were gated and to have the gates open for anyone just to drive in was not acceptable to many. So we went to a website and Board meeting pole of the members. There were more not wanting to have the sale than those who wanted it and the unanimous reason was security. It is a different world that we live in now. I guess that not many people feel safe in their own homes anymore so why invite more strangers into the community. We had a rash of car breakins and funny thing--it was landscape guys who had the gate codes.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Better to have ONE controlled garage sale weekend rather than 2 or 3 every day. Since there are no rules that prohibit garage sales in your community, structure it to just big one one per year.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Better to have ONE controlled garage sale weekend rather than 2 or 3 every day. Since there are no rules that prohibit garage sales in your community, structure it to just big one one per year.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Susan, it's still a good idea to check with local municipal codes regarding yard sales.

Ours, as I mentioned, does not allow more than 2 a year for any one person/group.

I'm sure there are more restrictions/requirements, including, I believe, that people have to get a permit.

But that's why it's a good idea to check with not only your own governing documents, but local municipal codes as well.

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