Adams Stirling PLC


Mr. Nelson, a “world renowned Homeopathic Nutritionist and religious counselor” suffered an illness which prevented him from leaving home or driving. As a result, he relocated his religious and medical counseling practice to his residence, where he would see up to eight patients per day for one-half hour sessions, five days per week.

Violation of Rules. The Association brought a lawsuit against Nelson, claiming that his home business violated the governing documents. The Avondale court agreed with the Association, holding that Nelson’s home business violated two Association rules.

  1. The first rule stated: “Pedestrian and vehicular traffic will be limited to that normally associated with residential districts”. The Avondale court held that Nelson violated this rule since up to eight visitors per day came to Nelson’s home, five days a week.

  2. The second rule provided: “The conduct of a home occupation requires both the approval of the City of Palm Desert and the approval of the Association.”

Court's Decision. The Avondale court found that this rule was violated because Nelson did not seek permission from either the City or the Association for his home business until after receiving the Association’s notice of violation. (Nelson v. Avondale HOA.)

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Adams Stirling PLC