Legal Question in Business Law in New Jersey

home office

I am a physician and have applied for a permit to conduct only acupuncture at my unit, which have been approved by our local township zoning department. However, I live in a single family house, which also has ''home owner association'' to manage the common area, like swimming pool, tennis court, soccer and baseball fields, etc. There is no rules regarding home business in the bylaw. Our board member meeting will be held to discuss about this in the next meeting.

My question is do I have to get the home association approval before I practice. What would I do if the board meeting does approve it? I would like to fight to the end.


Asked on 7/06/06, 5:56 pm

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: home office

I agree with John. If this is permitted by municipal rules (home office) and subject to any limitations the law prvides (e.g., office size limitations, parking spaces required, etc.), it seems to be permitted. Like John, I have not seen the By-Laws of the Homeowners Association and what they allow, don't allow or other limitations. If they are silent on home offices, they probably cannot prevent you even if they try to change them now. If they limit or prohibit home offices, this could be challenged in Court. There have been several recent cases on this issue (what HA By-Laws can restrict). If they deny your request, I suggest retaining an attorney familiar with this type of litigation to challenge them. This is a reply to an Internet question and the response is not to be considered as legal advice or to create an attorney-client relationship.

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Answered on 7/08/06, 12:31 pm
John Corbett Corbett Law Firm LLC

Re: home office

If there are no current homeowners association rules prohibiting operation of a professional practice, there is a good chance that you will be able to do it. Even if there are such rules, it is possible that they can be successfully challenged. A lot depends on how the association is set up and what its bylaws look like now. To give you more definitive opinion, I would need to read the bylaws and understand more about the history of the neighborhood and the association. If you would like to follow up on this, email or call. My contact information is associated with this reply.

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Answered on 7/07/06, 9:44 am


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