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
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.
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.”
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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