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HOA considering restrictions on home-based businesses? (merged)

Discussion in 'Broadlands Community Issues' started by frostsh, May 6, 2008.

  1. Thunderchild

    Thunderchild New Member

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    Well, think about this. The land that you home sits on has a provision from the 1800's that says no "Black or Colored" could purchase the land?

    I don't claim to know the mental capacity of the HOA, but like I said it will depend on what and how the new rules will be written as to what gets enforced.
     
  2. Thunderchild

    Thunderchild New Member

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    I agree with you to a point, but for some they may not want to wait 30 years to make a change.
     
  3. hornerjo

    hornerjo Senior Member

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    Think about what? I'm no history major, but what about a law that was pretty normal in the 1800s? So no persons of color has ever bought land here?

    And you think our HOA board is so retarded they would make a law like this?

    ... just wow.
     
  4. GeauxTigers

    GeauxTigers Member

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    My main point was I don't see the HOA putting in effect a law that doesn't make sense (like anti-telecommuting) today. The 30 year number was arbitrary.
     
  5. redon1

    redon1 aka Aphioni

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    Black OR colored???? are you both if you are one of the other??? can i own my house or is this still on the books?! lol
     
  6. gryphon

    gryphon Banned User

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    Even very smart people can make inadvertent mistakes, or are you saying that the HOA is perfect and non susceptible to human error? If you pick up a copy of the US Code, you will see how there are many laws that simply are hard to interpret. That's why, in Congress, bills are generally drafted and circulated for review. That way, people can discuss language and make it more precise or decide that it is unnecessary.
     
  7. gryphon

    gryphon Banned User

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    I'm in the same boat along with half of my immediate family!
     
  8. Lee

    Lee Permanent Vacation

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    It is a little more explicit in the county rules about having a designated pick up and drop off area, which could be implied only in front of their home and not the neighbors. So if you had nine cars coming at once they most likely would not all be able to park in front of the home. Also this is interesting tib bit from the county """there cannot be retail sales other than of handcrafted items at the home;""""""""" So to me that eliminates mary kay and those kind of RETAIL sales but not girl scouts etc. It would be interesting to contact the county and county attorney on how they interpret their own rules and that may be a good start here.

    """""""""""""""Home Occupation Permits
    The Loudoun County Zoning Ordinance allows certain businesses
    and occupations to be conducted in a dwelling unit, as long as
    the businesses comply with certain restrictions. Home occupations
    are permitted within owner- and tenant-occupied single-family,
    detached duplex, and townhouse residential dwellings. If your homebased
    business is located in an incorporated town, refer to the
    contact information on page 31. The following restrictions apply in
    Loudoun County:
    • Members of the family who reside in the home may engage
    in the occupation;
    • One employee, other than family members living in the home,
    is permitted, as long as one additional off-street parking space is
    provided. This parking space cannot be located in the front yard
    unless it is located on an existing driveway;
    • The use of the dwelling for the home occupation shall be clearly
    incidental and subordinate to the use of the dwelling for
    residential purposes. Not more than 25 percent of the gross floor
    area of the home – nor 25 percent of the gross floor area of an
    accessory structure, if that’s where the business is conducted –
    can be used to conduct the home occupation;
    • Changes cannot be made to the outside appearance of the
    building or lot, nor can there be other visible evidence of the
    home occupation other than one non-illuminated sign, which
    may not exceed two square feet in area;
    If you conduct your homebased
    business from a home
    in an approved, recorded
    subdivision, you must
    comply with the restrictive
    covenants (if any) and, if
    required, get approval from
    the developers and/or
    homeowners association.
    Tips
    Volume 1 Step 5: Select a Location and Obtain Appropriate Permits
    35
    • There cannot be retail sales other than of handcrafted items at
    the home;
    • The home business cannot generate traffic volumes higher than
    would normally be expected in the residential neighborhood.
    Any need for parking generated by conducting the home
    occupation shall be met by off-street parking in an area other
    than the front yard;
    • No equipment or process used in the home business can create
    noise, vibration, glare, fumes, odors or electrical interference
    detectable to the normal senses off the lot. In the case of
    electrical interference, no equipment or process that creates
    visual or audible interference in any off-premises radio or
    television receivers or that causes fluctuations in off-premises
    line voltage can be used; and
    • Childcare facilities – and home-based childcare businesses in
    particular – are subject to additional county and state standards.
    Childcare facilities and homes need to comply with regulations
    regarding: the numbers and ages of children cared for; the
    amount of outdoor space available for each child; the size,
    location and design of play areas; and parking and designated
    pickup and delivery areas.
    Additionally, if you propose to conduct your home-based business
    from a home in an approved, recorded subdivision, you must
    comply with the subdivision’s restrictive covenants, if any, and, if
    required, get approval from the developers and/or homeowners
    association.
    The Department of Building and Development issues home
    occupation permits for county businesses not located in the
    county’s incorporated towns; town offices issue permits for
    businesses in their jurisdictions. Home occupation permits cost
    $50. Businesses can mail applications or visit the Department of
    Building and Development.""""""""""""""""""
     
  9. hornerjo

    hornerjo Senior Member

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    No, I'm saying that the HOA board wouldn't make a law that is this stupid.

    Yes - the HOA is going to ban telecommuting. They are so dumb they are going to make a rule like this and are going to knock on everyones door 7 days a week to make sure you are not working from home. Our HOA has the brain power of cement (hope I dont get banned for that!).

    My god I can't stop laughing!
     
  10. Lee

    Lee Permanent Vacation

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    If I remember correctly from architecture school

    The color Black is the absence of all colors and white is all colors. So using colored for a black person is not really correct. SO in reality of that definition a person of color is all of us so non of us can own a home there :):):):)

    except redon1 who is one of the most reasonable and gentle person on these forums :)
     
  11. lilpea

    lilpea Member

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    I can see there could be a delta in your assumed #'s of how many cars and the frequency we have at our home. The validity of frequency and how that can equate to volume of traffic as well. Is "frequency" now the issue? -as I thought it was the amount of children - but either way the issues do go hand in hand.

    Here is my net-net of this discussion: The roads in question are public roads (maintained by VDOT), there are several property owners involved - each of whom has a compelling argument. Should our HOA get involved? Yes - make sure the day care has the proper credentials. Our HOA has already acted as a mediator with the respective parties, beyond that I think the homeowners need to work it out.

    As for our HOA considering passing "new guidelines”, as a homeowner I would want to review and carefully evaluate what if any impact it would have on both our social and business life. I think that is a fair and reasonable request, don't you?

    If our HOA plans to re-write guidelines specifically putting a limit the amount of cars and the frequency – what’s next?

    As I have stated it would be an utter shame to see the Broadlands HOA turn into another Lansdowngate.
     
  12. GeauxTigers

    GeauxTigers Member

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    Lee I think you are wrong...

    Black is all colors when referring to pigment and the absence of colors when referring to light. White is all colors when referring to light and the absence of colors when referring to pigment.
     
  13. hornerjo

    hornerjo Senior Member

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    What's next is whatever the resident's bring to the board for attention. People seem to quickly forget that these issues are brought forward by everyone living here, are discussed by everyone living here and are ruled and voted on by members that were voted to the board by everyone living here.

    You are making it sound like the board is evil and is 'out to stick it the community'.
     
  14. Mazinger

    Mazinger New Member

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    Yup. Honestly, I would hate several cars going up and down in front of my house, but at the same time these are public roads. Those people have the right to drive down that road.
     
  15. lilpea

    lilpea Member

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    John - seriously I am not making it sound as if our HOA board is evil - that is reserved solely for the Southern Walk HOA and the Openband mess.:pofl:

    I am asking a pretty open ended question, that's all... so lets try and be civil and not put words into people's post.

    The only one who is "sticking it to the community" is Van Metre not the resident board members.
     
  16. hornerjo

    hornerjo Senior Member

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    Thats your opinion, which is fine, but our local government disagrees with you.
     
  17. flynnibus

    flynnibus Well-Known Member Forum Staff

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    Do you understand the concept of 'most restrictive'? Yes the county rules are more restrictive, My point was the regency rules as spelled out offered little to nothing BEYOND what the county rules already required. The only thing was the limit of no signage, which the county does offer. But most HOAs (including ours) already have limits on signs. I have not checked which is more restrictive.

    In fact that is the position of some - that the county already regulates this so there is no need for the HOA to do so or its not proper for the HOA to do so. I don't necessarily agree - there are plenty of instances (including those well accepted) where the HOA rules go beyond what any county rules are or where there are no county rules at all. So its the option to do so or not; not that it can not be done. The motivation is not purely to regulate, but to maintain the common good.

    Which is one of the complaints..

    Thanks for copying exactly what I pointed to. And people already are and have contacted the county about their rules.

    Your comment about Mary Kay tho I don't think applies directly. There is gotta be more to it then we have in front of us. Interesting tho if you look at neighboring areas, their rules actually spell out an exception. For instance, in Faquier County, theirs says

    "No retail or wholesale sales occur on-site where customers come to the home. Excep-tion: “direct sales” type retail uses, where customers are on the premises only by prior, individual invitation, are allowed (Examples of Direct Sales are: Avon, Tupperware)."

    One of the issues in the community is such a sales person who does not host parties at other places, but holds parties at their own residence at a high frequency. I don't have enough information in front of me to make a valid assessment of how Loundoun's home business rules apply here. I'll leave that to the board to follow up on as they see fit in dealing with those complaints.

    These people may not operating a business out of their home when they host parties - which is why they may have people host parties rather then have them at their house all the time.

    What is interesting though is, if you follow the county laws closely, you see that nearly all are very restrictive about the amount of traffic that is brought to the community. So either

    a) the county has got greatly varying opinions on what residential traffic means compared to residents

    or

    b) they don't enforce that aspect much.

    But I'd be surprised if they were very willing to yank a license after they've already granted it on grounds such as that.
     
  18. Mazinger

    Mazinger New Member

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    Thats your opinion, which is fine, but our local government disagrees with you.

    -------------------------

    Thanks for pointing out that something I posted is my opinion. I never would have thought that.

    :screwy:
     
  19. Mazinger

    Mazinger New Member

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    So if the county has restriction on the amount of traffic then bring this issue up to the county.

    They made the law. Then they should know what more than the usual residential traffic is for the particular street.
     
  20. Lee

    Lee Permanent Vacation

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    Yes you are correct it is a bit more complex then what I said.

    OK if you really want to muddle this up even more :devil2:


    http://www.colormatters.com/vis_bk_white.html
     

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