What can I do if I just moved into an HOA community that forbids any businesses but my neighbor is running one?

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What can I do if I just moved into an HOA community that forbids any businesses but my neighbor is running one?

However, my neighbor has a business resurfacing jeep floors with her boyfriend who does not even live in the community. The noise is minimal but sometimes her helpers park in front of my house and block my mailbox. Also, one neighbor is in on it too. Another thing to worry about. I checked briefly the state department website for her name to see if her business is registered but I don’t see it listed. Nor do I see any advertisement for her business. I am of the belief that she is doing this without a license or a zoning permit. Since this is an HOA community that forbids any business, I am certain she does not have a permit. However, my fear is going to the Board which she may know someone there. Had I known that there was commerce being conducted there, I would not have purchased the home. Can you please give me advice on this matter?

Asked on July 4, 2019 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

1) If you believe that what they are doing is in violation of zoning, contact the city to report this--the city can fine them if they are violating zoning ordinances.
2) You could ask your board to enforce its own rules, but if you believe that will not help or that they will retaliate against you, that doesn't give you any options to enforce them--the board can enforce them, but you cannot directly. So you need to decide if you are willing to bring this to the board.
 


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