Florida Condo Home Business

Governing Documents May Impact Home Based Businesses

It's not uncommon for business owners to operate small home businesses. Nor is it unusual for employees to work from home. These activities are even more commonplace with the onset of the Covid pandemic.

It is not uncommon for condo associations to limit the operation of a home business within association property. For example, while an owner or an employee may be allowed by the association's governing documents to do just about any type of "paper" or "desk" work inside their unit, other types of work or activity may be limited or prohibited.

The following are examples of what may be prohibited:

  • Retail businesses
  • Walk-in businesses
  • Businesses that invite foot-traffic
  • Noisy businesses or work

Even if not directly prohibited, activity which causes a nuisance may draw the attention of neighbors or the association's board-of-directors.

Business owners who think they can pull a "fast one" expecting no one to notice may find it difficult to explain a Google Business Listing or website that shows their condo address as a business location. Or explain a steady stream of new faces visiting the property all day long.

One association has reported that this exact situation ocurred with the condo unit owner denying the operation of a home based business open to the public yet a Google My Business listing showed their condo unit's address as the retail location and their family name as part of the business name. The association's governing documents prohibited any type of business being "advertised" as located at the condominium.

A condo's governing documents will show the association's limitations or prohibitions on the operation of a business or employment work activity.

Florida law firm Becker & Poliakoff covers "running a home business" with the excellent video shown below

Some Florida condo buyers wish they had understood whether home based businesses were allowed at a Florida condominium property before they had made an offer to buy.

Prospective Florida condo buyers should, if they don't understand how an association's governing documents impact business or work-at-home activities, engage licensed and reputable attorneys and advisors to guide their buying decision.

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