Quote:
Originally Posted by MAXUM
If that were the case zoning would prohibit you from renting a house, condo or whatever. I find it really hard to believe that all these associations are zoned commercial. There are private property owners that rent out seasonal parking or barn storage on their property, is that illegal to?
It's an interesting question. I have yet to find anything that says you cannot, unless there is some sort of covenant that says you cannot.
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I don't think renting out one house or one boat dock makes it a commercial operation. I do think you will run into trouble when you rent docks to multiple boat owners or winter store numerous boats on your property. At some point it becomes a business in a residential area.
None of the associations converted to condo ownership without approval from the local Planning Board. They all started out as marinas and the zoning was not an issue because that usage was grandfathered.
I actually had a similar discussion with the Laconia Planning Department when I converted a residential building and multiple boat docks to condo ownership. They claimed it was a change of use and I needed to appear before the Planning Board to ask permission. I maintained it was not. I pointed out it was only a change of ownership, the use would remain exactly the same.
I told them if it was a change of use they would have some authority to regulate it but the city had no authority to regulate how a property was owned. You can own it individually, with partners, in an LLC, in a trust Etc.
I still believe that the city does not have that authority, but sometimes you can't fight city hall.