My name is XXXXX XXXXX I'd be happy to answer your questions today.
If the CC&Rs say that no home-based businesses are allowed, unfortunately, a homeowner
is not able to establish a business. The law gives the HOA sole discretion to make rules and regulations regarding the community. The only way to invalidate a rule is to show that it serves no legitimate purpose. Even though there are a lot of arguments as to why home-based businesses should be allowed, if there is any
legitimate reason that they shouldn't, such as increased traffic in the community, the regulation will be upheld.
For that reason, a homeowner may have a better chance for success if there were some way to show that the lessons were not a home-based business. You may want to look at IRS guidelines to determine whether the lessons could qualify as a hobby rather than a for-profit business.
The other option is to seek to have the CC&Rs changed. The documents themselves should say what th requirements are for amendment
- it could be a simple majority of homeowners, or it could be a super majority. Then, you would have the option of circulating petitions, putting in on the agenda at a homeowners' meeting and calling for a vote. It's not an immediate solution, but it could allow you to continue to give lessons in your pool.
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