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Residential Purposes and "business and commercial activity"

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Banshee0911

Junior Member
What is the name of your state (only U.S. law)? Idaho
Our CC&R's have a section that states, "Lots shall only be used for residential purposes and such uses as customarily incidental thereto, including but not limited to a home office". Basically as long as it doesn't create an increase in traffic and demand for parking

A second section states, "No lot shall be used at any time for commercial or business activity", other than selling your home.

My 2 part question is what is considered business and commercial activity? And is intended use of a home office only for business related to residental purposes related to your home. IE, paying bills, home booking, etc....

Any insight is greatly appreciated!!!
 


tranquility

Senior Member
I'd say they are things considered a commercial or business activity by the Board.

Since I suspect you have a specific issue, how about the facts regarding that?
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Idaho
Our CC&R's have a section that states, "Lots shall only be used for residential purposes and such uses as customarily incidental thereto, including but not limited to a home office". Basically as long as it doesn't create an increase in traffic and demand for parking

A second section states, "No lot shall be used at any time for commercial or business activity", other than selling your home.

My 2 part question is what is considered business and commercial activity? And is intended use of a home office only for business related to residental purposes related to your home. IE, paying bills, home booking, etc....

Any insight is greatly appreciated!!!
What exactly is it that you want to do at home? If you are a sales rep and you use one of the bedrooms as your home office, the place where you do your paperwork that is unlikely to qualify as a commercial purpose.

However, if you have customers coming to your home on a regular basis, that would likely be a commercial enterprise.
 

154NH773

Senior Member
Absent an actual definition, I suspect, as others have said, that it may be up to the "board" or other enforcment agency what the definition is (and ultimately a court).

Having said that; there are examples of definitions specific to zoning regulations that may apply in a local municipal ordinance. For example, my town defines a "Home Occupation" and a "Home Business".

Basically, a home occupation is conducted entirely within the dwelling by a member, or members, of the family domiciled therein. No outward appearance of a business is permitted; and traffic, parking, lighting, etc. may not be in excess of normal in the neighborhood. The business must be incidental and secondary to the use as a dwelling, and cannot reduce the value of any surrounding property.

A "Home Business" is any business activity that exceeds the standards of a "Home Occupation".
 

Banshee0911

Junior Member
I'd say they are things considered a commercial or business activity by the Board.

Since I suspect you have a specific issue, how about the facts regarding that?
Thanks for your input. There are several homes in the neighborhood with businesses ranging from internet content hosting, to montessori school to pet grooming. There is currently a debate in the neighborhood to shutdown the montessori but none of the others. I'm looking for input so that I can provide an informed opinion to the HOA. Thanks again for you input.
 

Banshee0911

Junior Member
What exactly is it that you want to do at home? If you are a sales rep and you use one of the bedrooms as your home office, the place where you do your paperwork that is unlikely to qualify as a commercial purpose.

However, if you have customers coming to your home on a regular basis, that would likely be a commercial enterprise.
I appreciate the feedback. I'm not doing anything at home, but may need to in the future. There is a debate in my community to shutdown a montesorri school. Other businesses ranging from internet content hosting to pet grooming are also operating. I'm trying to form and opinion to submit to the HOA and also understand how it may impact me in the future if I had to open my own consulting business. Again, Thanks!!!!
 

LdiJ

Senior Member
I appreciate the feedback. I'm not doing anything at home, but may need to in the future. There is a debate in my community to shutdown a montesorri school. Other businesses ranging from internet content hosting to pet grooming are also operating. I'm trying to form and opinion to submit to the HOA and also understand how it may impact me in the future if I had to open my own consulting business. Again, Thanks!!!!
Think of it this way...

Any home based business that doesn't actually impact the neighborhood should not be a problem. Any kind of business where there are no customers coming and going should not be a problem, even with the most restrictive HOA rules. If the HOA had to sue a homeowner to get them to stop working at home, the HOA would have to prove a negative impact on the neighborhood.

Anyone working from the home in any internet related activity should be okay (unless the neighborhood shares bandwidth and the person working at home uses up an excessive amount of that bandwidth...unlikely). A consultant working from home, a sales rep, a writer, any kind of professional that works from home one or two days a week, etc. A small home based daycare that had only a few cars stopping by in the morning and evening might be okay. An independent Plumber, Electrician or anyone similar who parks their service vehicle in their garage wouldn't be a problem and maybe wouldn't even be a problem if they parked it in their driveway.

The two that you mention that I could see as problematic could be the dog groomer and the Montessori school...but again, it depends on the amount of traffic generated by both of those businesses...and whether or not there is any signage or anything of that nature.

It all depends on the impact on the neighborhood. If its zero impact, its definitely not a problem. If its minimal impact, it might not be a problem either. You could actually have more traffic from a large family, with several teenagers, then you could have from a minimal impact business.

If I was an author who wrote at home I would certainly make any HOA sue me to make me stop writing at home...even if I had a secretary or typist who worked for me and came in every day...and even if periodically my editor worked with me at home. If I was a stay at home mom who babysat three or four other children to supplement the family income I would probably do the same.

Again, its all "impact".
 

HomeGuru

Senior Member
Thanks for your input. There are several homes in the neighborhood with businesses ranging from internet content hosting, to montessori school to pet grooming. There is currently a debate in the neighborhood to shutdown the montessori but none of the others. I'm looking for input so that I can provide an informed opinion to the HOA. Thanks again for you input.
**A: unless you are an attorney, you should refrain from providing "an informed opinion" to the HOA. The HOA Board needs to hire an attorney to provide a legal opinion. The school and pet grooming are definitely in violation.
 
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tranquility

Senior Member
I agree with HomeGuru. While "impact" may be useful for city statutes, members of an HOA can agree to most anything. If the HOA required you to not exercise, if they saw an exercise bike delivered, they might be able to have enough for a lawsuit/fine even if there is zero impact on the other residences.
 

154NH773

Senior Member
members of an HOA can agree to most anything. If the HOA required you to not exercise, if they saw an exercise bike delivered, they might be able to have enough for a lawsuit/fine even if there is zero impact on the other residences.
Agreed; however, in the OP's case, relying on the wording quoted by the OP;
Lots shall only be used for residential purposes and such uses as customarily incidental thereto, including but not limited to a home office
and
No lot shall be used at any time for commercial or business activity
there seems only to be slight ambiguity in the rules, and they cannot deny a "home office". I suggest the OP look to State caselaw for a possible definition of the terms.
 

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