From a liability standpoint, I would have liability for operations that originated from my owned premises. Can you help me understand your thought process?
Wouldn't this need to fit under the definition of commercial activities?
Home Auto Repair Question
- Thread starter The Critic
- Start date
Start by asking from another neighborhood. Don't tell them your exact location, don't tell them your name and phone number. Then ask them, if there is such a zoning code, which zone number does it apply to.
There would be no way in hell I would do any type of brake, suspension, steering work in California on someones vehicle without being properly insured. Your going to think it's okay until they smash into someone and blame your brake job or whatever. My dad is a retired attorney and would have no problem suing you for tens of thousands of dollars.
The Critic, I wish you luck on your endeavors.
So are you saying your dad is the reason we are in this situation? (just kidding)
You do make a good point though, there is no way to not get sued in the US, not just California for helping others. This is why even charity needs insurance to do charity work these days. This is how we will end up like China when no good Samaritan will help people in auto accidents as they end up being the "last person" touching the injured.
This is how we will also end up as a throw away society and just buy cars, use it till it cost real money to repair, then trade it in to 3rd world. EV may accelerate this as battery wears out faster than anything else and the whole car will be exported and let someone else deal with the problem.
Knowing Critics, he likely won't charge more than "do me a favor next time around" instead.
I would say other than money, if you have a full setup for mechanics then you will really run into problem, like commercial lift, commercial grade equipment other than some hand tools and Home Depot grade tools, commercial quantity of hazmat and bulk delivery of stuff and inventories, those will definitely get you in trouble, but not hand wrenching a couple things here and there like he did.
if you are doing in your garage i don't think anyone would know or care. now if you did it in your driveway you might get have some issues with the neighbors if they are busy bodies. if its jsut one car at a time and its out the same day, who would know. start parking them on the street or grass and you might have issues
Might get away with it pretty easy. The last time I was in California, I couldn't believe how many vehicles were parked at a typical house.
I was told housing is so expensive that low and middle income neighborhoods will often have 2 families living under the same roof.
I was told housing is so expensive that low and middle income neighborhoods will often have 2 families living under the same roof.
Claim the pay as a donation. I know some places near you frown on auto repair at ones home. Where I am at in the desert people get away with lots of stuff.
I change oil for friends, and family for real cheap. technically a "profitable business", but nobody cares. It's a win win they save money, and I make a little.
I think it "depends". I doubt many areas have any type of an ordinance on the books preventing you from repairing your own car or a friend/family member's car on your property. Where you might get into an issue is if this is a regular thing with many different vehicles, it would be difficult to prove you aren't running a car repair business from your home.
I doubt you'd ever hear anything about it unless you tick a neighbor off and they report you.
I doubt you'd ever hear anything about it unless you tick a neighbor off and they report you.
Surprisingly, most of the cities around me have a very defined criteria on acceptable practices for vehicle repair. My city does not. For example:
"
8.25.500 Restrictions; prohibited repairs.
(a) Purpose and intent. The City Council finds that the repair and/or dismantling of vehicles in public view in residential districts has a negative impact on the liveability and appearance of the city, on the availability of driveways for parking, and on property values, and can pose safety and/or health hazards to children and adults. The City Council determines that the public health, safety, and welfare require the prohibition of the repairing or dismantling of vehicles in public view in residential areas, except under certain circumstances.
(b) Definitions. For the purposes of this section, the following words shall have the meaning set forth herein:
Immediate family. Immediate family shall consist of parents, grandparents, spouse, and children related by blood, marriage, or adoption.
Major repairs. Major repairs include pulling an engine block, repair or replacement of transmissions and front and rear axles, major body repair, dismantling, and similar work.
Registered/registration. A current, valid California registration for a vehicle conforming to Vehicle Code Section 4000 or 9840 et seq. for boats.
Residential districts. Residential districts are those areas of the city zoned for residential use, whether for single- Or multiple-family dwellings.
Routine maintenance. Routine maintenance includes changing oil and tires; replacement of water pump, alternator, brakes, shocks, oil and air filters, and spark plugs; and similar work.
Vehicle. A vehicle is a device by which any person or property may be propelled, moved, or drawn upon a highway or street, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.
(c) Routine repairs permitted. The registered owner of a vehicle or boat may perform routine maintenance on that vehicle or boat, or a vehicle or boat registered to a member of his immediate family, in public view in the driveway of his residence. Proof of registration of any vehicle or boat on which routine maintenance is occurring shall be provided to any city police officer or code enforcement officer upon request of that officer.
(d) Major repairs prohibited. It shall be unlawful for any person in any residential district to perform major repairs or dismantling in public view on any vehicle, boat, or part thereof, except for major repairs or dismantling which takes place in a fully enclosed garage, or in a carport if no garage exists on the property. If such work takes place in a fully enclosed garage, the garage door shall be closed when the work is not in progress.
(e) Noise. No noise-producing work, whether routine maintenance or major repairs, shall take place before 8:00 a.m. or after 9:00 p.m. on any day.
(f) Cleanup. Upon completion of any work allowed by this section to be performed in public view, the property shall be cleaned of all debris, oil, grease, gasoline, cloths, rags, and equipment or material used in the work, and shall be left in such a condition that no hazard to persons or property shall remain."
Anyway, I think you bring up a fair point. I am probably not in violation of any municipal codes (at this time), but it probably makes me susceptible to being watched for noise complaints and be in a presumption of guilt if challenged.
One of the first things to consider are CC&Rs. Does YOUR property have recorded CC&Rs? You can either call the County Recorder's Office or call a Title Company of your choice (i.e., Fidelity National Title, First American Title, etc.) and ask them if you do, in fact, have CC&Rs. In the case of the title company, their customer service department can easily e-mail them to you.
If you do have CC&Rs...read them carefully. If you do have them and live in an area where "someone" (i.e., your fellow neighbors that the same CC&Rs apply to, perhaps a H.O.A., etc.) wants to enforce them IF you violate them...you could quickly and easily create a lot of problems for yourself including, but not limited to, the involuntary forced sale of your home! There's a lot of "if" in all of this, but you should look into it.
One of my best friends is a real estate attorney and often tells me that CC&Rs are very effective IF your neighbors want to enforce them!
Ed
If you do have CC&Rs...read them carefully. If you do have them and live in an area where "someone" (i.e., your fellow neighbors that the same CC&Rs apply to, perhaps a H.O.A., etc.) wants to enforce them IF you violate them...you could quickly and easily create a lot of problems for yourself including, but not limited to, the involuntary forced sale of your home! There's a lot of "if" in all of this, but you should look into it.
One of my best friends is a real estate attorney and often tells me that CC&Rs are very effective IF your neighbors want to enforce them!
Ed
No CC&R's.
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This is just as silly and asinine as saying someone is running a maid service out of their home because they vacuum and dust their house once a week.
Even if wait on the phone a half hour
Sounds like you're screwed if do this for anyone outside your immediate family.
Correct, but luckily I do not live in the town where that paragraph applies.
JHZR2
Staff member
Around us, are small communities that have history back to the original English and Dutch settlers, and which then over time were parsed out as farms that got broken up into smaller and smaller lots as time progressed and the inner-ring suburbs replaced agrarian use. Much of the development was done by the late 1930s, with some full-in during the population boom of the 1950s. So a lot of the layout of towns and operations/use was based upon prior railroad paths, the necessity of town centers, etc. Codes were implemented in the 50s or 60s when standardized codes started to become the thing to do.
Back when, much of the need for home occupation was doctor and dentist offices. So our local ordinances have sections that as I look at them, seem oriented toward those uses. It’s mostly associated with square footage allowances for purpose built additions and use of the property, parking, restricting signage and raw/saleable material.
The one section that would apply to you is this:
Vehicles are another matter. It is unlawful to repair vehicles on the streets unless an emergency repair, and less than two hours. Leaving inoperable vehicles anyplace without permission, parking on yards, leaving wrecked and/or inoperable vehicles outside, etc. are forbidden.
None of those would relate to you though.
So you should review code for home occupations, and what’s allowed. What is permitted inside of your garage may well be substantial. Outdoors might hit a noise violation, which might apply as an “occupation”, versus you working on your own property.
I think the test becomes not a matter of what you do, but how often. A consistent few times a week, of “friends’ cars”, starts to look like a lot of transient people, a lot of “value added” that might also spark interest of the tax man, especially in a place like CA.
IMO there is a difference between once a day, once a week, once a month, once a year, and how varied the people are. If you’re really into doing that much work, you might want to look into a home occupation permit, if overzealous neighbors or HOAs are going to be an issue. Simply because if anyone at any time makes a stink, you can show that it’s legit (maybe even define what you will and won’t do, IAW CA environmental regulations). And it also depends substantially on your own local ordinances.
Back when, much of the need for home occupation was doctor and dentist offices. So our local ordinances have sections that as I look at them, seem oriented toward those uses. It’s mostly associated with square footage allowances for purpose built additions and use of the property, parking, restricting signage and raw/saleable material.
The one section that would apply to you is this:
Vehicles are another matter. It is unlawful to repair vehicles on the streets unless an emergency repair, and less than two hours. Leaving inoperable vehicles anyplace without permission, parking on yards, leaving wrecked and/or inoperable vehicles outside, etc. are forbidden.
None of those would relate to you though.
So you should review code for home occupations, and what’s allowed. What is permitted inside of your garage may well be substantial. Outdoors might hit a noise violation, which might apply as an “occupation”, versus you working on your own property.
I think the test becomes not a matter of what you do, but how often. A consistent few times a week, of “friends’ cars”, starts to look like a lot of transient people, a lot of “value added” that might also spark interest of the tax man, especially in a place like CA.
IMO there is a difference between once a day, once a week, once a month, once a year, and how varied the people are. If you’re really into doing that much work, you might want to look into a home occupation permit, if overzealous neighbors or HOAs are going to be an issue. Simply because if anyone at any time makes a stink, you can show that it’s legit (maybe even define what you will and won’t do, IAW CA environmental regulations). And it also depends substantially on your own local ordinances.
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Seems like you may have used the phrase "my dad is an attorney" many times before his retirement, jus' sayin'.
PS: you're kinda right, but my point stands, LOL
MIke b
