Massages on the Patio in a Condo – Is it Legal?

Question posed (I love it when a good question is sent in!!)

“Can a renter of a condominium, provide massage services from his 4th floor patio, for a fee? Are there any laws prohibiting that activity?”

Besides the obvious that come to mind (such as indecent exposure and the like – as patios commonly face other units), the governing documents of Condos usually prohibit business activities of any kind that bring in outside people, vehicles, or regular deliveries by big trucks and the like. About the only type of businesses that are allowed or tolerated are day care homes (under protection of laws) and some other types of care centers and group homes (also protected by laws).

And all governing documents for Condos that I have seen to date allow boards to exercise some control over the common area (which patios are – even though they may be exclusive use areas).

I wonder – did the owner who rented you the unit go over the rules and regulations (including the CC&Rs) with you? It sure does not sound like that occurred. It is a common mistake. And ignorance is no excuse.

Owners who lease their units should go over the rules and regulations with tenants. Otherwise, there can be a myriad of misunderstandings and hard feelings, and worse …

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