HOA question on home office and deed restriction

[kevins]

What is the name of your state (only U.S. law)? Texas.

Hi, great forum - can you help with advice:

Our HOA was established in the mid 90's, and has a deed restriction that says each lot may only be used for "single family residential purposes".

Would a property owner who works from a home office, be considered in violation of the above?

Thank you!What is the name of your state (only U.S. law)?

 

[154NH773]

I'll let someone else give you a definate answer, but in general; a "home office" is compatible with a residential use.
It may be more problematic if you have clients or deliveries coming to the house.

The other question is; whether your ownership predates the establishment of the HOA restriction?

 

[kevins]

Thanks for the reply - all constructive advice much appreciated!

The HOA deed restriction rule was put in place at the start of the subdivision - early 90's i.e. prior to high-speed internet and the widespread use of home offices.

The reason for asking is that some of the subdivision home-owners have a home office - wiith no customers, employees or deliveries taking place.

On the other hand, certain of the subdivision's home-owners are running full businesses from home, some with customers and employees that come and go all day.

Reasonable folks can see that there is a difference between a home office, and a business from home, and that the spirit/intent of the "single family residential purposes" deed restriction was to deny the latter.

Some wish to challenge the HOA's Board to act on the businesses from home. Before they do, they wish to ascertain whether this would impact the "home offices" as well.

You state " ....in general; a "home office" is compatible with a residential use." - is there a legal backing to this statement? If so, where can it be found?

Thank you!

 

[nextwife]

A true home office would have no activity on-site that would be different than any other neighbor at home during the day. A true home office would not be observable as anything more than a residence, no clients arriving, no large deliveries on a regular basis, no added noise, etc. A true home office looks no different than any other neighbor who is doing bills, homework or surfing the web at home.

 

[kevins]

Nextwife, thanks for the reply, and I agree with your statement - I am very aware of what a true home office is, vs a business from home.

Any thoughts on my question around a home office violating the deed restriction, and if not, a pointer to a legal text stating this would be appreciated.

We wish to be able to point the HOA board to "... court/judge X on date Y ruled that a home office is compatible with residential use...", or similar.

I am optimistic that we are not the first to come across this issue of deed restrictions created prior to home offices.

Thank you!

 

[CreativeBlock]

Nextwife, thanks for the reply, and I agree with your statement - I am very aware of what a true home office is, vs a business from home.

Any thoughts on my question around a home office violating the deed restriction, and if not, a pointer to a legal text stating this would be appreciated.

We wish to be able to point the HOA board to "... court/judge X on date Y ruled that a home office is compatible with residential use...", or similar.

I am optimistic that we are not the first to come across this issue of deed restrictions created prior to home offices.

Thank you!

How would you be in violation of deed restrictions for using your den as it was likely intended? They were called "dens" prior to the ostentatious adoption of the phrase "home office." Dens do not violate deed restrictions ~ likely, neither do any of the activities you plan on undertaking in your den/home office ~ surfing the internet, paying bills, etc.

Nor have I, a home owner with a ridiculous HOA and small sole-proprietorship illustration studio, ever had anyone tell me my business-run-from-home violates our HOA (and our HOA is one of the nit-pickiest I've ever heard of). I do not get clients to my home (I work via email and internet), nor do I carry inventory.

But I think what NextWife was getting at is that unless you scream that you have a home office from your rooftop, I doubt they'll know, much less care.

 

[CreativeBlock]

This is all I could find on the topic in Texas. I have no idea if you can use it to your advantage ~ you may have already found this, yourself. If so, my apologies:

5. The deed restrictions exclude the use of any lot or any part thereof for business or commercial purposes. This restriction does not preclude the reasonable use of a home office or studio to engage in literary, scholarly, artistic, professional, or similar activities, including work utilizing Internet and telephone connections. These are considered an aspect of residential use. On the other hand, activities such as those in which clients, customers, or employees physically come to the residence would be inconsistent with residential use and therefore would constitute a prohibited business use.

Southampton Civic Club - Deed Restrictions

I guess I would ask for a comprehensive copy and explanations of their deed restrictions. And I think I would assume that if a home office isn't mentioned within, it's reasonable to assume it's allowed.

Otherwise, wouldn't you be in violation if you simply brought home work papers to read? A home office is simply a place to do some limited business in the comfort of your own home, IMO.

 

[FarmerJ]

If your HOA doesnt have a detailed definition of home office , has your city/ county defined when a homeowners use (traffic ) would be a business use violation of zoning rules ?

 

[154NH773]

As others have said, it may depend upon the exact wording of the HOA regs.

In my town (not an HOA) the rules are spelled out in the zoning ordinance. If your HOA regulation is unclear or ambigious, you might rely on the local ordinances. In my town it states:
A Home Occupation: Any use conducted entirely within a dwelling or an accessory building only by a member or members of the family domiciled therein which is clearly incidental and secondary to the use of the dwelling as a residence and does not change the character thereof or reduce the value of any surrounding property.
A special exception is required for anything exceeding that criteria within a residential area. Such an exception is referred to as a "Home Business" and might allow employees, but would have to go before the public at a hearing.

So check with the municipality for their definition and zoning regulations.

 

[kevins]

Thanks for all the input - appreciated!

I have a full copy of the deed restrictions - a home office is not mentioned in them - likely since it was not a common term in the early 90's. We have no zoning in our area as we are outside any city limits in an unicorporated area of the county - only the HOA deed restrictions apply.

Creativeblock, thanks for the pointer to that community's deed restrictions - I had found quite a few others who have similar "home office" text in their deed restrictions - these appear to be newer HOA's who were fortunate enough to include this upfront, or have subsequently managed to amend their deed restrictions to cover it.

Still searching for a "silver bullet" legal ruling on home offices being considered part of residential use. Without it we wil have to go down the "amend deeds" route, which is painful since a HOA majority is required to approve.

Thank you again!

 

[CreativeBlock]

May I ask why you're so concerned about the restrictions? Are you trying to play by the rules, or has the HOA objected to your having a home office?

I don't mean to be disrespectful or to interrogate you, but it seems as though a home office is something that honestly isn't any of their business. Nor would it be something they'd notice.

Unless they're seeing you home all day and assume that you're running a business?

 

[kevins]

Hi Creativeblock, a number of the subdivision's home-owners are running full businesses from home, with customers and employees that come and go all day.

We wish to challenge the HOA's Board to act on the above per the deed restrictions.

Before we do, we wish to ascertain whether this would impact "home offices" as well.

Thank you.

 

[justalayman]

and has a deed restriction that says each lot may only be used for "single family residential purposes".

Would a property owner who works from a home office, be considered in violation of the above?

barring any definitions or clarifications associated with this statement, it would come down to who has the most convincing argument. In the strictest sense, it could prevent a home office. In a more typical reading, as long as business activities (sending or receiving inventory, business guests, associates, or clients) are not involved, a home office, or even a home based business would be allowed.

It comes down to the intent of the writer and how it is read by those with the power now and how far anybody is willing to go to enforce the rules.

If one wants to argue obscure interpretations, businesses like Avon, Pampered Chef, and many other home based businesses are typical "single family residential purposes". That would mean at least some businesses would be allowed.

 

[154NH773]

The only case I could quickly find concerns whether a day care could be considered "residential use". This opinion from Michigan might give you an idea of a court's view, but there is no telling what a Texas court might find.

After considering the obtrusiveness of the activities involved here and the public policy in favor of family day care homes, we must balance these factors with the legal meaning of no use "except for residential purposes". Having done so, we are persuaded that the defendants are using their property for residential purposes when caring for the children. We are persuaded further that the extra vehicular traffic is minimally obstrusive in light of the overriding public policy in favor of day care homes. We conclude, therefore, that the trial court erred in issuing the injunction against defendants.

So, it might come down as to how "obtrusive" are the neighbor's uses. If you are simply working at home, how would anyone even know?

 

[kevins]

Hi, many thanks for the insightful replies - lots of food for thought!

Thank you!