Garage sales are a familiar part of neighborhood life. They offer residents a chance to declutter, recycle household goods, and interact with neighbors. However, in community associations, garage sales can also raise questions about parking, signage, security, and community appearance. For this reason, many associations choose to adopt guidelines that allow garage sales while minimizing disruption.
Why Garage Sales Require Consideration
Even a small, individual sale can attract a steady stream of cars and pedestrians. Without structure, this can lead to:
- Blocked driveways or street congestion
- Signs posted in common areas or landscaping
- Crowds and noise that may affect nearby homes
- Increased foot traffic by individuals who may not be familiar with the property
Boards and managers are often left responding to complaints or enforcement issues after the fact. Clear guidelines help prevent these problems before they occur.
Approaches Associations Commonly Use
Associations handle garage sales in several different ways, depending on the character of the community:
1. Community-Wide Sale Days
Many associations schedule one or two designated garage sale weekends each year. Residents are encouraged to hold sales only on these dates. This approach concentrates traffic into a short, predictable period and allows for the board or management to plan ahead.
2. Permit or Notice Requirements
Some communities allow individual sales, but require owners to submit a brief notice or request before the sales take place. This allows the association to monitor frequency and ensure rules are followed.
3. Complete Prohibition
In communities with limited parking, controlled access, or strict aesthetic standards, sales may be prohibited entirely. In those cases, the board should be prepared to communicate the reasoning.
What Gives an Association the Authority to Regulate Sales?
Depending on the type of community, garage sale rules generally fall under the association’s authority to regulate the use of common property, the lots, and activities affecting the community. Most declarations provide boards with the ability to adopt reasonable rules. If the governing documents do not contain rulemaking authority or impose conflicting provisions, formal amendment may be necessary.
Having a clear garage sale policy in place provides several practical advantages. It reduces avoidable complaints and enforcement disputes by setting consistent expectations for all owners. It also allows boards and managers to better plan for and manage parking, signage, and visitor traffic, which helps maintain safety and community appearance. Predictable scheduling creates fewer interruptions throughout the year and ensure that any sale-related activity occurs in a coordinated manner. Ultimately, well-communicated guidelines support a more organized, positive experience for both participants and their neighbors.
Before adopting a new rule or policy, the board should review the association’s governing documents to confirm no existing provisions conflict with the proposed approach. It is also helpful to consider the physical layout and character of the community. What works well in a large suburban subdivision may not be practical in a townhome development with limited parking. Clear communication is essential, so providing notice to owners, explaining the purpose of the policy, and announcing any designated sales dates well in advance will support smoother implementation and better compliance.
If your association is interested in adopting rules governing garage sales, we are here to help. Please contact an Altitude attorney with questions at 303.432.9999 or at [email protected].