Condo Media - June 2021 - 15

It has been over one year since businesses abruptly shuttered their
offices and employees were instructed to work from home as a result
of the COVID-19 pandemic.

Many expected the shutdowns to
last a couple of months, but here we
are more than a year later and millions of employees are still working
remotely, with no end-date on the
horizon. When it comes to the workforce post-pandemic, some businesses
plan to continue to have a remote
workforce, while others plan to take a
hybrid approach. While the traditional
telecommuter presents little risk to
associations as they can work discretely from their home office without
disrupting others, associations should
be aware of safety issues that may
arise when a remote employee's work
requires the introduction of external
forces or the unit owner operates a
home-based business.

in non-resident visitors may expose
the condominium and its unit owners
to unwanted criminal activity such as
theft and property damage.
Certain home-based businesses are
innately risky and present significant
safety concerns for communities.
For example, mental health services
conducted within a residential condominium may present considerable
risks to the association and other unit
owners given the risk of someone
having a psychotic episode on the
condominium's grounds.
Likewise, unbeknownst to the
association, a unit owner may be
stockpiling chemicals or other
flammable or hazardous materials
in their unit and/or storage areas.
Similarly, a home-based food business
such as a baking business may
increase the risk of a fire within a
condominium. Associations should
also be aware of the risks associated
with specific types of businesses that
may be operating within a condominium community.

provisions found in governing documents that may be enforced by associations to address issues arising from
home-based business activity.
First, governing documents typically
contain a provision that provides that
a condominium unit is to be used only
for residential purposes. A second
common provision prohibits commercial activities in a condominium unit
and/or the condominium's common
areas. Some governing documents
expand upon this provision to prohibit
certain activities that may detract
from the peaceful and residential character of a condominium. For example,
certain provisions specifically prohibit
activities that create any nuisance and
may impose restrictions on customer
and client visits, noise, traffic, parking,
odors, or vibrations.
The new post-pandemic normal
calls for associations to consider
amending their governing documents
and take a proactive approach to address
the upsurge in home-based business
activity and related safety concerns.

SAFETY-RELATED ISSUES
A major safety concern related to
home-based business is the influx
of non-residents to a condominium
community. For example, a unit owner
operating a home-based business may
provide employees with access to their
unit and the condominium's
common areas. In addition
Non-residents having free access to the condominium
to employees, home-based
business owners may invite
clients and customers into
tends to make other unit owners nervous, and rightfully so.
their unit to conduct their
business. For instance, if a
An increase in non-resident visitors may expose the
unit owner is operating a real
estate or accounting business
condominium and its unit owners to unwanted criminal
from their unit, then they
may have a large number of
activity such as theft and property damage.
clients coming and going.
Similarly, a massage therapist,
makeup artist, or manicurist
The adoption of provisions that adLIMITING ASSOCIATION
may not make a lot of noise, but they
dress today's business realities may
EXPOSURE
may have a dozen clients a day visiting
afford associations with the flexibility
Despite the evolving workforce,
their home for services. Non-residents
to address safety issues arising from
many associations are still governed
having free access to the condominium
home-based businesses and ensure
by documents drafted decades ago.
tends to make other unit owners
they are uniformly applied.
However, there are several common
nervous, and rightfully so. An increase
June 2021 CONDOMEDIA

Condo Media - June 2021

Table of Contents for the Digital Edition of Condo Media - June 2021