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2. auctions

GARAGE SALES
How do we know its summer in Ohio? We see tulips, daffodils and hyacinths popping up in our
yards. We hear motorcycles rumble. We see signs for garage sales! We see traffic stopped along
the streets and people mingling in the driveways at the crack of dawn. We see “Little Tykes”
plastic baby pools, slides, plastic log cabins and doll houses along with “vintage” furniture and
racks of clothing in driveways and in front yards.
Are you wondering why you may not see all of the signs of summer in your association? While
flowers may exist in your neighborhood, and motorcycles may quietly rumble, garage sales may
not. Most community associations prohibit garage and yard sales within the community. Most
association governing documents contain many restrictions that prohibit such sales. For example,
most Declarations limit the use of each dwelling to “residence purposes only” for use by the
“owner, his or her family, tenants and social guests.” Using the dwelling for a sale is not a
“residence purpose.” It is using the property to conduct business. Most Declarations contain
restrictions which prohibit “any type of business or similar activity from being conducted on the
community property.”
Restrictions prohibiting garage and yard sales are intended to protect each and every property
owner’s right to quiet and peaceful enjoyment of his or her home. Garage sales can be a
“nuisance.” Vehicle and pedestrian traffic and the sight of the “merchandise” at the sale will
impact all neighboring owners. Restrictions protect the property and owners from the disturbance
garage sales cause.
While disturbance of the quiet enjoyment of property is a real concern to many owners, there are
financial concerns that prompted the restriction on garage sales as well. First, garage sales attract
the public to the property. Unfortunately, the “public” sometimes includes criminals. There are
numerous reported incidences of theft and burglary following garage sales. Criminals use garage
sales as appropriate entry to property and use the opportunity to familiarize, “scout” or “case” the
property and later return.
Garage sale restrictions are included in the Declarations and Bylaws because of the motor
vehicle traffic they generate. Many association roadways would be severely and negatively
impacted by increased traffic and street parking. Garage sale traffic and street parking result in a
significant narrowing of the width of the roadways. Narrow passage can impair quick response
time and access of emergency vehicles to the property. Also, high volume traffic and street
parking disrupts owners’ rights to quiet enjoyment of their homes.
Garage sales also raise a significant insurance concern. Most insurance companies will not
defend an association against an injury claim sustained by “business invitees”, i.e. garage sale
customers. They will defend the association against injury claims sustained by “social guests”
however. Remember, when a board is prohibiting garage sales, they are doing so in order to
protect you from being liable for someone else’s personal injury. Why should the financial
condition of the association and its owners be put at risk for the small profit a garage sale will
generate?
The intent of restrictions prohibiting garage sales is to protect the integrity of the community as a
whole. Without garage sales in your community, summer will still arrive. The flowers will
bloom. Motorcycles will come of out of storage. . .