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Condo association unwillingly hosting a commercial business

Posted on Mon, Nov 30, 2009 @ 08:11 AM
  
  
  
  

A condo association unit owner recently began to run a home day care out of her unit without even notifying the Condo Association. We did find out that she is licensed and has some sort of insurance.

Our current condo association insurance agency told us that even though the unit owner has insurance, it is not enough and still leaves the condo association exposed to potention lawsuits. Our By-Laws state that the Units are to be used for "Residential Use Only". We have sent a "cease and desist" letter to her but she still continues to operate.

What is our recourse?  The unit owners do not want a Day Care run out of the Condo Association and do not want to be held liable.

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COMMENTS

This one is fairly straight forward. You sent her the letter so I would hope that you have some guidelines in place that allow for fines. You simply fine her until she decides to comply. If that doesn't work, turn her into her state licensing agency and advise them she is opperating a daycare from an illegal location. I'll bet that the state would take action on her license to operate the day care. If she's still in business, file a lien. If that doesn't work, serve her with a foreclosure lawsuit. 
 
I've learned that if you hammer at the hardheaded folks consistently, you'll eventually gain compliance or get rid of them. 
 
Darron Hay 
 
HOA Receivables Management

posted @ Monday, November 30, 2009 9:11 AM by Darron Hay


Good advice, Darron. What state are you located?

posted @ Monday, November 30, 2009 12:30 PM by kb


I'm physically located in Washington but we do business in a number of states. We're in 25 states with licensure pending in three others. The goal is by the end of 2010 we'll be in about 35 states with the highest concentration of HOA's and condos.

posted @ Monday, November 30, 2009 12:39 PM by Darron Hay


I live in a condo and it is against the rules to operate a commercial business doing a craft out of wood from my home. I create and store my product off site. I do have a business license listing my home address as the business address. I store some of the items that I use when selling the product in my garage such as a rack to transport a canopy, chairs,tables and booth decorations. Am I violating the rules?

posted @ Tuesday, May 24, 2011 3:47 PM by Veronica Wooten


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