Deed restrictions and running an online business from home (Sarasota: houses, buy)

[beach43ofus]

Originally Posted by JCPTNH08

This is all great advice! Thank you for your input.

I'll look into the older communities a bit more. Hopefully they'll be more lenient.

Actually, brand new communities will be better. When the Builder is the HOA, they don't pay real close attention to these kind of things, they are trying to build and sell lots of homes. Older community = older residents with nothing else to do but enforce HOA policy. It's a hobby for them.

[boissoneau]

Originally Posted by beach43ofus

Actually, brand new communities will be better. When the Builder is the HOA, they don't pay real close attention to these kind of things, they are trying to build and sell lots of homes. Older community = older residents with nothing else to do but enforce HOA policy. It's a hobby for them.

No, it's not their raison d'etre, that's pretty inflammatory and wrong-headed. The right approach is to first read and comprehend all docs and restrictions PRIOR to buying into any community, "investigate, then invest". If the rules and restrictions don't jibe with your own standards, then don't buy in that neighborhood. That's a reasonable expectation.


Never blame enforcement of policies already promulgated and firmly in place.


If the speed limit on any street is legally POSTED at 35 miles per hour, and you decide on your own that you can drive 47 miles and hour, then get stopped by law enforcement and receive a ticket, then decide to go to court to "fight it", and the judge looks at you as if you're a fool and imposes the fine AND additional costs, you can't complain...what you would be in that case is arrogant AND stupid......and still in the wrong.


Restrictions are there for a good reason, most times. Enforcement is only required when there is willful non-compliance.


Again, it's unfair for Members of the Board to be labeled "hobbyists". They are executing their legal responsibilities as outlined and documented to The State of Florida. The declarations, etc represent a legal document.

[JCPTNH08]

I've been looking at the HOA restrictions in advance so that we aren't in violation. That said, since it seems the majority of the houses we've seen are in communities with these restrictions it's tough to consider Sarasota at all. Shame that the HOA communities haven't made changes to their home business rules to take into consideration that working online from home is VERY common these days. While nobody would have any clue that we have a home business (0% traffic or deliveries to the home), we would need to register the business to our home address, and that has me concerned.

Let me change the question - has anyone had any luck getting an exception to any rules from the HOA in writing prior to purchase?

[boissoneau]

Yes, the smart thing and perhaps only thing to do is to request a variance or waver in writing with the Board's Approval.



End of story. Either they approve or they don't. Do not rely on verbal representations.


Keep in mind that lots of people in great neighborhoods around here do all kinds of "business" out of their homes....yes some in LWR that I'm AWARE OF, are ONLINE running businesses.....and many of them are total SCAM ARTISTS.....phishing, online theft, insurance scams, long term care scams, software scams, online tutoring (scams), banking scams, INVESTMENT scams, credit repair scams, AC repair scams, boiler room/remote call center forwarding, roof repair scams, AUTO WARRANTY SCAMS (there was one guy who used to post here, got hammered by The State of Florida Department of Finance and Insurance, who ran the scam out of his house, and had another place in Nevada), "Police" and "Firefighters" fraternal phone scams, AUTO insurance scams, TAX HELP scams, Prostitution rings (yes, I know a woman here around Mill Creek that facilitates arrangements with "her girls"), Firearm theft scams, Illegal Drug setups, Child pornography sharing business, Illegal Gambling Online.......Transferring stolen goods...



What I'm saying should be obvious....doing "online business" doesn't mean it should be done in a subdivision, OR ANYWHERE ELSE.


Manatee Sarasota (in great expensive neighborhoods) are full of people "working from home" allegedly, and many of them are engaged in highly questionable/illegal/unregulated activity.


I know, because I have helped put some of these "stand-up" homeowners in JAIL here in Florida.....and it's getting worse.


It's immaterial if you don't have foot traffic, house inventory, or receive/transfer physical goods,

[bbronston]

OP, if you are working with a Realtor, ask him/her to set up an auto email search for you in our MLS that includes among your criteria that there is no HOA. Online public search sites lack the functionality our MLS gives us. It is possible something might be out there (or something might come on the market two weeks from now) that will check most or all of your boxes.

[gypsychic]

I dont understand how doing an online business is different from being an ebay seller (or other marketplace seller) since that is done online and thousands are doing it in all kinds of neighborhoods.

But I think the biggest issue is the OP wanting to list home address as business and I dont think that can be done unless legally zoned for business. Sorry OP, I think you will have to find another address to use that is a legal commercial address even if you dont have deliveries or people coming to your home. Or use a P.O. box.

[bbronston]

Interesting read: THE FLORIDA HOA & CONDO BLOG

[macrodome2]

We recently updated our documents allowing home based businesses that don't have customers or vendors visiting or any workers other than those who live in the house.

But, I'm in Venice not Sarasota

[JCPTNH08]

@macrodome2 - we are looking at Venice too. What community are you referencing? It could open up our search more there.

[beach43ofus]

Originally Posted by JCPTNH08

@macrodome2 - we are looking at Venice too. What community are you referencing? It could open up our search more there.

I think its Stoneybrook that has a mailing address of Venice, but its ~5 miles East of the City limits, so not in the City of Venice. I call that area "New Venice" because almost everything is new, and it has a younger demographic profile than the City of Venice.