Tag Archives: nuisance

Handling Home-Based Businesses

The Growth of Home-Based Businesses is forcing Many Condos to Update Their Bylaws

As the lingering effects of the “Great Recession” continue to influence the lives of countless average Americans, more and more  displaced workers are turning to home-based businesses (HBBs) in an attempt to  reverse sagging fortunes.  

 And as U.S. Small Business Admin-istration statistics indicate, over half of all  small businesses begun in the last decade have been home-based – more than 24 million in real numbers – with a new home-based business being launched every 11 seconds.  

 They’re facts that should not be lost on many condo board members, some of which still preside over properties with express prohibitions against such activities. But should associationsmove to amend their governing guidelines, often requiring an amendment to the  property’s declaration or master deed, to eliminate these provisions? Yes, say experts in  both business and legal fields.  

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So you are fed up with the bare dirt covered with goose poop around your lake.  It is time to take action!  But, what are the regulatory issues and are permits required?  Geese are protected by the U.S. Fish and Wildlife Service on the federal government side and the North Carolina Wildlife Resources Commission on the state government side.  There are regulations, but they realize resident geese are an introduced nuisance and health threat.  You can take action but you should follow the rules.

Migratory geese are still declining in numbers and are very much protected.  Only the resident geese, manipulated by humans years ago trying to increase numbers for hunting, create a nuisance.  The resident geese have adapted to community lakes surrounded by lush turf grass and few natural predators.  In many areas their populations are exploding.  They eat the grass down to the bare dirt that is eroding and leave nasty droppings that contribute excess nutrients to the lake, which often encourages nuisance filamentous algae blooms.  The droppings also create significant health concerns.  These communities are now asking “what can we do to control the damage created by these geese?”

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How Annoying?

When it comes to curtailing disruptive behavior inside and outside your community, don’t underestimate the power of state nuisance laws.

Imagine that your community is located in a quiet part of town, far off the highway and miles from traffic-heavy secondary roads. Then imagine that someone buys the undeveloped land down the street and builds a motocross track. From early morning until dark, bikes roar around the turns and over the jumps, filling your neighborhood—and your residents’ homes—with deafening noise. You assume that the track violates a city or county law, such as a noise or zoning ordinance—only to learn that your local municipality has no statutes that would stop the track. What do you do?

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