Condo Media - June 2021 - 16

At Home Business
AMENDING GOVERNING
DOCUMENTS
Associations are taking a number
of approaches to address safety
concerns and other issues created by
home-based business activity. Some associations, with the assistance of legal
counsel, have amended their condominium's governing documents to afford the association with discretion to
allow certain home-based businesses.
Some factors to be considered by the
association in making such determination include, but are not limited to: the
amount of non-resident visitors generated by the home-based business; the
amount of vehicle traffic generated by
the home-based business; whether the
business disturbs other residents; and
whether the business requires storage
of bulk goods for resale.
Alternatively, other associations
have amended their governing documents to include provisions that limit
the number of visitors per day to a unit
and/or limit the number of vehicles
that can use the condominium's parking spaces. Some associations look to
the level of impact that a home-based
business may have on the community
and have amended their documents
to allow home-based businesses that
cannot be seen, heard, or smelled.
Amendments may also set forth specific home-based business exclusions,
such as a hair salon, barbershop, or
any form of animal care or treatment
such as dog trimming. Associations
may also consider further restrictions
such as prohibiting the following: signage; hiring employees that will work
on-site; the sale of goods on-site; the
use of equipment other than personal
computers and other office equipment; and deliveries that occur more
than once a week. To avoid potential
liability exposure, some associations
require the unit owner to sign an indemnification agreement with the association so that if, for example, a unit
owner's client is injured on-site and
sues the association, the unit owner
will indemnify the association and pay
all costs incurred to defend a lawsuit.

CONDOMEDIA June 2021

Working from home and home-based businesses
do not appear to be going anywhere anytime soon.
Associations should work to balance today's use of
homes for businesses against a unit owner's right to
peace and tranquility in their condominium unit.
ASSOCIATIONS ARE NOT
GUARANTORS OF SAFETY
Although home-based businesses present significant safety concerns for associations, associations generally are not
in the business of providing aroundthe-clock security for unit owners.
Associations are comprised of volunteer board members who are not guarantors of an entirely safe space. Most
associations have neither the time,
money, nor authority to undertake such
a responsibility. Nevertheless, associations should be cautious that certain
security measures, such as the use of
security cameras or lobby attendants,
may give the appearance that the association is in fact a security provider.
Voluntary acts performed by an association may create an assumption that
the association provides security, which
may expose an association to liability
that would otherwise not exist. Associations must balance the legal issues
that govern both a successful security

scheme of the community and the potential liabilities of the association.
If an association's documents
have not been updated in quite some
time, associations are often left with
archaic provisions to handle the risks
related to the new norm of working
from home. Working from home and
home-based businesses do not appear
to be going anywhere anytime soon.
Associations should work to balance
today's use of homes for businesses
against a unit owner's right to peace
and tranquility in their condominium
unit. Each association's approach to
dealing with these trends may differ
based upon assessment of risk and
the provisions of the association's
governing documents.
n ELIZABETH LAKE, ESQ., IS AN
ASSOCIATE WITH THE LAW FIRM
MORIARTY TROYER & MALLOY LLC.

Condo Media - June 2021

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