Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Welcome and thank you for your question. I will be the professional that will be assisting you.Can you attach a copy of the section of your governing documents that the HOA states you are violating?
I do not have it scanned into my computer......It just simply states no commercial business may be run from any lot in Bay Oaks. Again I do not have any signs indication that this is a Bed and breakfast ....It is only on Airbnb web site. If you need me to I will type the exact verbage of section 16 for you. The Rules also state you cannot sublet your house meaning the entire house. Also I am and my partner is also always here when there are guests in the house.
A neighbor found and copied the web site and presented it to the HOA stating that they believe were running a commercial business at our home. Again I will state all transactions take place on line ....we simply accept, host and entertain them here. I work part time at Lowes and receive my direct pay ACH direct deposit....Does that mean Lowes is conduction business from my residence too?
No commercial activities may be engaged in on any lot in Bay Oaks. No noxious, offensive or illegal activities shall be conducted on any lot in Bay Oaks nor shall anything be done on any lot in Bay Oaks that shall be or become an unreasonable annoyance or nuisance to the neighborhood. No advertising sign shall be permitted upon any lot in Bay Oaks that exceeds eighteen inches by twenty four inches in size and no more than one such sign be permitted at any one time.
Thank you for the language.
Commercial comes from the term commerce.
A commercial transaction/commercial business is the exchange of goods or services for remuneration. There is no requirement that you have signs or receive business mail to be considered commercial.
There is no requirement that you be paid under your roof.
The question becomes whether you provide a service by allowing people to stay at your home.
Do you provide any services for which you receive compensation to Lowes from within your home?
I am on your side; I don't want the HOA to interfere with your use of your property. Unfortunately, based on the language in your governing documents they have grounds for citing this as a violation.
I know that this is not the answer that you were hoping to receive. You may wish to suggest resolution to the governing documents that would allow this type of arrangement to occur without being considered a violation.
so even though all transactions take place on an internet site and not in my home I would be considered in violation? I would also like to ask if this would include renting a room in my home to someone through an ad in a news paper?
The distinction is the fact that you provide a service within your home. Trust me I would much prefer to give you the answer you wanted to receive. HOA's were designed for the purpose of keeping up property values. The intent was to be able to fine a property owner for not taking care of their property and causing the value of neighboring properties to fall. The concept was great.....
I don’t want anyone telling me what I can do inside or outside of my home.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).