J. Patrick Sutton Cases & Issues Blog

Pots calling kettles black -- HOA's that sue owners for working from home offices

HOA officers and directors engage in business use in their own homes all the time, yet they still sue other owners for prohibited "business use" of the same type, oblivious to their hypocrisy.
A recurring theme in my cases is HOA action against owners with home-based businesses. The obvious cases of violations aside, I often find when I start digging that HOA boards are full of people who run home-based businesses that a simple review of Texas Sec. of State records online uncovers. What is particularly shameful is when phony HOA's -- voluntary ones -- go after homeowners with home-based businesses. That's because voluntary HOA's typically register as corporations and run themselves out of people's homes in the neighborhood -- they're businesses! And since they're not sanctioned by the deed restrictions, they have no greater right to operate out of people's homes than the owners they target for legal action for the precise same activities.
J. Patrick Sutton Cases & Issues Blog