Guest Experts: Michael L. Hyman, Esq. and Shari Wald Garrett, Esq.
Stuff for Sale
Q: Our governing documents state "No garage sales or other commercial activities will be permitted to be held on a lot." Our board has approved a "stuff sale," charging homeowners $10 each to open their garages or bring items to sell at the clubhouse. This sale is open to the public and a list of participating homeowners will be given at the gate. Some homeowners are concerned for safety reasons. We bought into a gated community for the added security it provides. Can we stop this?—North Port, Fla.
A: The governing documents specifically prohibit "garage sales" or "other commercial activities" on a lot. Therefore, permitting homeowners in the gated community to open their garages to the public is contrary to the documents, whether called a "stuff sale" or a "garage sale."
With regard to a clubhouse sale, assuming that the clubhouse is not defined in the documents as a "lot" and there are no further restrictions addressing the prohibition of a "garage sale" or "other commercial activities" at the clubhouse, such a sale would be permitted.
Should the board choose to have a clubhouse "stuff sale" open to the public, we recommend that the board take affirmative measures to ensure the safety of the community. The association should require visitors to show photo identification at the gate to record and confirm the identity of all individuals entering the community, and the association should employ security personnel to assure that nonresidents are restricted to the clubhouse area and are not free to navigate throughout the community.
The objecting homeowners could send a letter to the association, advising that this sale, as it pertains to the owners' garages, is contrary to the documents. The objecting homeowners should demand that only a clubhouse "stuff sale" be permitted and advise that, if the association does not provide written notification that the sale will be restricted to the clubhouse, the objecting homeowners may take legal action to prohibit the sale from occurring in the owners' garages.
Michael L. Hyman and Shari Wald Garrett are attorneys with Hyman Spector & Mars in Miami, Fla. Hyman is a member of CAI's College of Community Association Lawyers.
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