A.13 Rules for Business/Commercial Endeavors

1. Purpose

1.1. This Rule A.13 applies to all business/commercial endeavors, as hereinafter defined, within Big Canoe that are not conducted in a “public and commercial unit” or on a “public and commercial site” as those terms are defined in Article I of the Amended and Restated General Declaration of Covenants and Restrictions for The Big Canoe Property Owners Association and Big Canoe Company (“General Declaration”).

1.2. These rules are intended to inform Property Owners of the restrictions for operating any business/ commercial endeavor on single-family or multi-family tracts.

2. Definitions

2.1. Business/commercial endeavors shall be defined as having their ordinary and generally accepted meanings, and shall include, without limitation, any occupation, work, or activity undertaken on an ongoing basis that involves the provision of goods or services to persons other than the provider’s family, and for which the provider receives a fee or other form of compensation regardless of whether:

2.2. such activity is engaged in full or part-time

2.3. such activity is intended to, or does, generate a profit

2.4. a license is required.

2.5. Estate/Garage Sale- sale of items inside the residence not distinguishable from the outside.

2.6. Yard sale- public display of items for sale outside of the residence.

3. Restrictions

3.1. Business/commercial activities may be conducted from the Property Owner’s residence so long as:

3.1.a.

the existence or operation of the business/commercial endeavor is not apparent or detectable by sight, sound, or smell from outside the dwelling

3.1.b.

the business activity does not involve visitation to a dwelling by employees, clients, customers, suppliers, or other business invitees in greater volume than would normally be expected for Guest visitation to a residential dwelling without business activity;

3.1.c.

the business activity conforms to all zoning requirements for the Property

3.1.d.

the business activity does not increase traffic in the Property in excess of what would normally be expected for residential dwellings in the Property without business activity (other than by deliveries by couriers, express mail carriers, parcel delivery services, and other such similar delivery services)

3.1.e.

the business activity is consistent with the residential character of the Property and does not constitute a nuisance, hazard, or offensive use, or threaten Public Safety or safety of other residents of the Property, as
determined in the General Manager, or designated representative’s discretion

3.1.f.

the business activity does not result in a materially greater use of Common Area Facilities or Association services.

3.2. No family dwelling unit may be used solely for business/commercial purposes.

3.3. The guidelines above also pertain to garage/ estate sales. Yard sales are prohibited.

3.4. All garage/estate sales must have prior authorization from the POA a minimum of 7 days prior to the event.

3.5. Door-to-door solicitation of any kind is prohibited.

4. Enforcement

4.1. Violations of this Rule A.13 by Property Owners, Tenants, or Guests will subject the Property Owner to sanctions in accordance with Rule A.1 “General Enforcement Procedure”.

QUESTIONS?

Ask the POA