An Eagle family says they’ve been discriminated against after being sued by their homeowners’ association over the businesses they run from home. The HOA has asked the court to stop the couple from operating their businesses at home and pay several thousand dollars in fines.

The homeowners’ association for Two Rivers, an upscale neighborhood near Eagle Road and State Street, wrote to the Idaho Statesman that Yuriy and Valentina Buchinskiy’s two businesses were disruptive and had “negative effects on the neighborhood.” But the Buchinskiys said they’ve been singled out under a vague association rule that plenty of neighbors have violated for years. The Buchinskiys pointed out that dozens of other homeowners in the neighborhood, including the HOA president and several board members, also have businesses registered to their homes.

The Buchinskiys moved to the Two Rivers neighborhood in 2016. Business records showed the Ukrainian couple started their businesses, a cabinetry company and an alterations studio, in 2017 and 2018. In a phone interview, Yuriy Buchinskiy told the Statesman he goes to customers’ homes to discuss project plans, then completes paperwork and orders at his home. The cabinets are manufactured off-site and delivered to the customers, not the Buchinskiys’ home. Customers wanting clothing alterations drop off and pick up their items at the couples’ home.

Yuriy Buchinskiy told the Statesman disagreements began when a neighbor complained about vehicle traffic and parking at the Buchinskiys’ home in August 2022. Buchinskiy said he and his wife asked customers to park in their driveway instead of on the street and considered the matter resolved.

But in July 2023, Two Rivers HOA sent the Buchinskiys a letter informing them they were violating HOA rules with their businesses and would need to appear at an August meeting before the board. The letter, which the Statesman reviewed, pointed to a section of Two Rivers’ HOA contract that states no lot “shall be used for the conduct of any trade, business or professional activity.”

The Buchinskiys knew the rule — Yuriy Buchinskiy told the Statesman he and his wife were aware of it before starting their companies — but they believed it wasn’t being enforced.

“We knew many businesses were in subdivision,” Buchinskiy said. “(We believed) if businesses here exist, then we can do it. It looks like nobody follows the rules.”

Numerous businesses registered in Two Rivers

The Buchinskiys registered their businesses with the state and got licenses through the city, according to records from the secretary of state’s office. They operated for several years before their neighbor’s complaints drew the attention of the HOA.

“(We thought) we have government approval, there shouldn’t be a problem,” Buchinskiy said. “Who has higher authority, the government or the HOA?”

In a statement provided to the Statesman, the Two Rivers homeowners association said the complaint against the Buchinskiys alleged “hundreds, if not thousands of cars” visiting their home for business purposes — a claim the Buchinskiys deny. Buchinskiy told the Statesman some days no customers visit their home. The maximum in a day is around five or six customers for Valentina’s alterations business, he said.

In a response letter to the HOA’s July complaint, which the Statesman reviewed, the Buchinskiys defended their businesses and noted the presence of other businesses — they counted 95 of them — in the neighborhood. Buchinskiy said he also brought the issue up during a board meeting and noted board president Kevin Zasio and several other board members, including Eagle City Council Member Craig Kvamme, have businesses registered to their homes. Kvamme did not respond to a request for comment.

Business records showed Zasio has an investment company registered to his home address. Kvamme has five investment and development companies registered to his home. In an emailed statement, Zasio told the Statesman the company registered to his home doesn’t conduct business in the neighborhood or the city.

“All business of the company is conducted in its offices in a commercial building in downtown Boise,” he said.

Other companies registered to homes in Two Rivers run the gamut, from real estate investment to fitness, baking and coffee companies.

“I’m doing my business exactly the same as others,” Buchinskiy told the Statesman. “I work from home from my computer.”

Zasio said the Two Rivers covenants, conditions and restrictions don’t prohibit businesses, just business activity.

The association told the Statesman it is “disappointed that these homeowners continue to violate the neighborhood’s covenants, despite having received numerous written warnings from the association.” In its statement, the homeowners association said its covenants “prohibit retail business activity” in the neighborhood. The association declined to comment further on any distinctions between retail and other business types, citing the pending litigation.

The Buchinskiys’ lawyer moved to send the case to a jury trial. The next meeting in the case is scheduled for late March.