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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 6845
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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My HOA prohibits a home business from selling directly out

Customer Question

My HOA prohibits a home business from selling directly out of your home due to the fact they dont want non residents picking up merchandise , however the board is considering a waver.
my question is , is it lawful to denide the waver because of the type of business?
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Customer: no
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Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Irwin Law replied 7 months ago.
however the board is considering a waver. my question is , is it lawful to denide the waver because of the type of business?Hello, and thanks for using JUST ANSWER. Yes the board has some discretion in waving certain provisions of the bylaws; however they have to be careful not to waive them favor of a select few, while excluding other members who are operating in substantially the same way. In other words, if I'm selling real estate in I put a sign in my yard advertising it, and someone else is selling insurance and wants to put the same kind of sign out, the board cannot discriminate between selling real estate in selling insurance. I hope that this information is helpful, and that you will give it a positive rating.

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