Our governing documents prohibit garage, estate, and tag sales. There are several reasons for this, and they are significant.
We recently sought the counsel of our attorneys in this matter, and their opposition to any such sales is longstanding, detailed, and unequivocal. Their experience with such sales is filled with cautionary tales about how easily problems arise.
Reasons NOT to have publicly announced sales:
- It is against the rules, plain and simple.
- Our unit owners expect quiet and privacy; part of the rationale behind the prohibition of public sales is to ensure that peace and quiet are not disrupted by a sale.
- There is no way to anticipate the number of attendees, from 6 to 60—or more; a large turnout will quickly fill our limited guest parking, and attendees vehicles may block streets or damage turf when they are parked on our grassy areas. Parking can quickly become a safety issue, since emergency vehicles could easily be blocked in the event of fire, or sickness requiring EMS access.
- Publicly advertised sales may attract undesirable attendees who may place our persons and property at risk to theft or injury the day of the sale, or in the future, should they return unannounced after casing the area.
- Injuries (real or feigned) sustained by attendees may lead to lawsuits. This would place a burden on our legal budget and insurance premiums. Even the addition of special-event personal insurance or bonding secured by the unit owner or agent will not guarantee that a suit will not be filed naming the association or its residents.
- Board members place themselves at risk of personal liability if they choose to circumvent or override the rule in this matter, leaving them open to personal law suits.
The Board has a duty to protect the community as a whole, and appreciates your individual understanding and cooperation in this matter.