HOA fining me for "home business violation" - I just work remotely from home!

I received a notice from my HOA saying I'm in violation of the "no home business" rule and they're fining me $500.

All I do is work from home as a software developer for a company in another state. I don't have clients coming to my house, no signage, no inventory, nothing. Just me on my laptop in my home office.

Apparently a neighbor reported seeing me "working from home during business hours" and the HOA says that constitutes a home business.

This is insane, right? Do I have to fight this?

HOAs are the worst. This is exactly the kind of petty nonsense they pull.

You need to read your CC&Rs (covenants, conditions, and restrictions) carefully. Most have language about home businesses but it's usually meant to prevent commercial activity that creates traffic, noise, or changes the residential character.

Working remotely as an employee is NOT a home business.

This is a common issue, especially post-COVID when remote work exploded. Let me break down the legal framework:

General principle: Working remotely as a W-2 employee is typically NOT considered a "home business" under most HOA CC&Rs. The restrictions usually target commercial operations that:

• Generate customer/client traffic
• Require business signage
• Store commercial inventory or equipment
• Create noise, odors, or nuisances
• Change the residential character of the property

However, the specific language in YOUR CC&Rs matters. Can you share what the exact restriction says?

I pulled up the CC&Rs. The exact language is:

"No trade, craft, or commercial activity of any kind shall be conducted on any residential lot, nor shall any structure be used for any purpose other than residential purposes."

The HOA is claiming my "commercial activity" as a developer violates this. But I'm not conducting business AT my home, I'm employed by someone else and working FROM home.

Perfect. That language is fairly standard and actually helps your case.

Here's why you should win this dispute:

1. No commercial activity being "conducted": You're not running a business, you're an employee. The business is conducted by your employer, not at your residence.
2. Residential use: Using a home office for remote employment is absolutely a residential purpose. Courts have consistently held this.
3. No change in character: There's no external evidence of commercial activity (no customers, signs, deliveries, etc.)

I'd write a formal response citing these points and requesting they withdraw the fine. If they refuse, you may need to request a hearing with the HOA board.

I went through this exact thing in Arizona last year. My HOA tried to fine me for working from home.

I responded with a letter citing Arizona law (ARS § 33-1808) which specifically protects remote workers. The HOA backed down immediately.

What state are you in? Some states have laws that explicitly protect telecommuters from this kind of HOA overreach.

I'm in Florida. That's interesting about Arizona having a specific law for this.

The whole thing feels like my neighbor just doesn't like me and found a way to harass me through the HOA.

Florida doesn't have a specific statute like Arizona, but Florida courts have addressed this.

Check out the case "Beachwood Villas Condominium v. Poor" (2012). The court held that HOAs can't arbitrarily enforce vague restrictions against telecommuters.

Also, Florida law (FS 720.305) requires HOAs to provide notice and opportunity for hearing before levying fines. Did they follow proper procedure?

Great point about Florida procedure. Under FS 720.305, the HOA must:

• Provide at least 14 days written notice of the alleged violation
• Offer you an opportunity to be heard before the board or committee
• Allow you to present evidence and witnesses

If they just sent you a fine notice without following this process, the fine is invalid.

Here's what I recommend:

1. Send a written response disputing the fine
2. Request a hearing (if they didn't already offer one)
3. Prepare a brief statement explaining you're a remote employee, not running a business
4. Cite the CC&R language and explain why it doesn't apply

Update: I requested a hearing and sent a detailed letter explaining that remote employment is not a commercial activity. I also pointed out they didn't follow the 14-day notice requirement.

The HOA board president called me (!) and said they're withdrawing the fine. Apparently the management company issued it without board approval based on the neighbor complaint.

Crisis averted. But I'm seriously considering moving out of this HOA when my lease is up. This was stressful for no reason.

Thanks for all the advice everyone!

This exact scenario just happened to me in Arizona. HOA sent me a violation notice for "operating a business from home" because I work remotely as a software engineer. My neighbor apparently complained about seeing delivery trucks (which are just my Amazon packages, not business-related).

Following the advice in this thread - I reviewed my CC&Rs and there's nothing prohibiting remote work, only "commercial enterprises" which courts have consistently interpreted as client-facing businesses with signage, foot traffic, or inventory.

Sending them a response letter tomorrow citing the distinction between employment and commercial activity. Glad to see OP's HOA backed down when challenged. These management companies are way too trigger-happy with fines.