Doing online home-based business from a rented apartment in condo in MA

[nimble.mind]

Jurisdiction

Massachusetts

I rent an apartment in a condo in Massachusetts which does not allow running businesses (written in my lease agreement). I recently created my LLC. May I still work from home for my online consulting business? Nothing special, no clients to come, no ads in the condo. Just online consultations. THank you.

 

[adjusterjack]

Depends on the EXACT wording about business as it appears in your lease.

Please quote that section word for word.

And if there is a separate definition of business quote that, too.

What address did you use for the LLC? The apartment? Or a mailbox service?

 

[welkin]

May I still work from home for my online consulting business?

Probably not if you get caught.

Depends on the EXACT wording about business as it appears in your lease.

Most likely a commercial enterprise for monetary gain.

A legal definition is:

A business involves a natural person or entity performing an activity or trade with the intent of making a profit. The activity or trade may be commercial, industrial, professional, or otherwise. A business commonly involves providing goods or services for the public while operating at a profit.

 

[nimble.mind]

Depends on the EXACT wording about business as it appears in your lease.

Please quote that section word for word.

And if there is a separate definition of business quote that, too.

What address did you use for the LLC? The apartment? Or a mailbox service?

I use the apartment.
PO Box is not allowed for LLC or DBA.

Here's the quote:
USE OF APARTMENT; YOUR CONDUCT. You may use the Apartment, Common Areas and Amenities for residential purposes only, subject to applicable law. You agree not to disrupt the quiet enjoyment of others or to disturb, interfere with or threaten he rights, health, safety or convenience of others (including our agents and employees) and you are responsible for the conduct of Permitted Occupants, guests, animals and anyone coming into the Community at your request or on your behalf. You further agree not to conduct any business in the Apartment, including, but not limited to, child care activity for hire.

 

[zddoodah]

The language prohibits what you're describing, but my guess is that no one is going to care about online/phone work that doesn't involve customers coming and going, etc. Proceed at your own risk.

 

[adjusterjack]

Agree with Zddoodah.

 

[welkin]

It's like I said, you're fine unless you get caught.

 

[ldij46]

Agree with Zddoodah.

I also agree, but I am not at all sure that the intent was to ban people from working at home, which is essentially what the OP wants to do.

 

[zddoodah]

I am not at all sure that the intent was to ban people from working at home

My GUESS is that the specific intent was to prevent childcare businesses and, more generally, to prevent business traffic. I'm also guessing the rule was written before the surge in office work from home in the last half decade.

 

[welkin]

My GUESS is that the specific intent was to prevent childcare businesses and, more generally, to prevent business traffic. I'm also guessing the rule was written before the surge in office work from home in the last half decade.

The zoning laws of municipalities and counties have long prohibited businesses from operating in residential zones unless the law specifically allow home-occupation. It's not a surprise to find that HOAs adopted the same restrictions in their covenants. That is to prevent non-conforming uses, over time, from becoming expanded and established which can change the residential zone makeup.

Working from home as an employee is not the same as running a business.

 

[nimble.mind]

THank you all very much for your answers. As a result I created a proposal to the Legislators to make some changes to the law so the processes would be consistent with the nowadays demands. A few replied that it they make sense and are ready to discuss which is awesome.