[skytlee]

I have been leasing a property in a HOA Condo tyoe community for over a year. It has recently come to my attention that the unit next door is not owner occupied but a commercial business is being run from it M-F 7Am to 5PM. I wondered why there was constant stream of delivery trucks and numerous automobiles parked next door. This fact was obviously never disclosed to me. I thought I just had bad neighbors. What remedies should I expect from the landlord and does this give me a reason to terminate my lease early?

[N0help4u]

You can check with the municipals ordinances because many towns are zoned commercial or residential. If you think the head of the HOA knows about it I wouldn't even bother bringing it to their attention. If you have a feeling they don't know about it then first bring it to their attention and ask them what they are going to do about it. I wouldn't even threaten to go check on the zoning codes because then if the HOA is okay with them doing this it could cause you to be the outcast of the neighborhood and all.

[twinkiedooter]

If you do check the local ordinances and find that the business is not allowed in that community due to zoning regulations, then by all means bring it to the Zoning Department's attention and let them deal with it. You will shortly find yourself with an empty apartment next door or brand new neighbors who don't run a business. The HOA may not care about this business. Possibly it might be owned and run by a board member. Don't bother with the HOA as they are not the ones who determine if a business can be run out of their community or not. It's the County Zoning Dept who makes the rules and enforces the rules, not the HOA. Sorry NoHelp.

[smearcase]

I am just familiar with regular housing development HOA's. In ours, the covenants restricted commercial activity and it was the HOA's responsibility to enforce the covenants.
But it may be different for condos. If you have a copy of the covenants, you can check and see.

[Fr_Chuck]

Let me see not being too rude but you were not sure it was a business for over a year?

But I would say there is no remedy and there is no reason to be let out of your lease at all. You can see if the owner of your rental will complain to the HOA if this business use is not allowed by their rules, but it will be up to the HOA to inforce that,