HOA Opposing My Wife's Licensed Childcare Home

[sunilnpendse@hotmail.com]

Hello My wife has started a licensed childcare home in Jan 2018 and is operating with 12 kids since then . A couple days back I also received a letter from my HOA stating that daycares are not allowed within the community and they are threating me of some action that could be taken against me. I thought the state and local zoning ordinances were above the HOA law but I may be wrong. My question is what actions can the HOA take against me if I start enrolling children into my home daycare and what legal resources or help are available to me as a provider.

We are in Cypress Texas.
Thank you!

[hwichlaz]

I think HOAs can do that in Texas. You signed a contract when them agreeing to follow their rules and bylaws when you bought the house. A few states, like California, protect family childcare, but I don't think Texas is one of them.

[Cat Herder]

My HOA can prevent me from operating under a large group license (12) but cannot stop me from operating as a family provider (6) as that is a protected trade (old homestead laws). The difference in having an employee (required for 12) and being a sole provider (of 6) keeps it from being considered a commercial business.

It varies by your state and county. What does your HOA contract say? Did you sign it?

[sunilnpendse@hotmail.com]

Exerts from HOA laws





I am attaching two sections from "Declaration of covenants, conditions and restrictions of ".

Do i need to look at any other HOA documents?

[Blackcat31]

[ATTACH]5184[/ATTACH]

[ATTACH]5185[/ATTACH]

I am attaching two sections from "Declaration of covenants, conditions and restrictions of ".

Do i need to look at any other HOA documents?

Did the HOA specifically state that the rules say you can't operate a business from your home when they notified you of it being against the rules?

Asking because usually in my experience when any authority/agency tells you that you are violating a rule or regulation they include a copy of the rule or state where the rule can be found.

[Cat Herder]

I found this in case law. :confused: Mine does not use this language, it specifically uses the term "commercial business" so was easy to fight.

"It follows that the term single-family residential purpose manifests an intent that a residence not be used for residential purposes by multi-family or non-family groups. "Construing the term residential purposes employing the common and ordinary meaning of the words used, it denotes the occupying of a premises for the purpose of making it one's usual place of abode."

Mine does have the no siganage rule, but I never intended to have anything out to advertise I was home alone with several small children. Kind of defeats my goal of privacy and safety. ::

[sunilnpendse@hotmail.com]

I appreciate everyone's advice and time.

My wife is under stress and I am trying to help her with this fight.

We are also not putting any signs or signage anywhere in our neighborhood - not even on our cars.

I want to do below as my next steps -
1) Go and talk to HOA president who stays close to us. Explain that this is a not a business with lots of car trafic etc.
2) Go to HOA meeting and explain this there as well.
3) if those options do not work out then I may have to go get a lawyer.

Let me know if you have any other thoughts.

[Cat Herder]

I found a post on a lawyer site where a couple wanted to use their adult kid's vacated bedrooms as a bed and breakfast for families visiting a local hospital. Their HOA contract had similar language to yours and this was the lawyer answer:

"In most of these communities any business is prohibited. While you might run a sales business from your home where you went out to customers, having a business on site where the clients come to you and live in your home is a direct violation of the covenant and can lead to your expulsion."

https://www.avvo.com/legal-answers/what-is-the-legal-definition-of--residential-purpo-72184.html

[HHangout]

No offense but probably the first thing that should have been checked. The reason i cannot operate a childcare in my home is because of HOA saying no. However, I am looking for a home that doesnt have a HOA so I could open up a home childcare.

[Cat Herder]

No offense but probably the first thing that should have been checked. The reason i cannot operate a childcare in my home is because of HOA saying no. However, I am looking for a home that doesnt have a HOA so I could open up a home childcare.

For many of us, the HOA saying No was simply step one. It is the starting point, not the end game. Many HOA's are also dissolved by the property owners once the last lot is sold and the builders no longer have an interest.

[sammie]

[ATTACH]5184[/ATTACH]

[ATTACH]5185[/ATTACH]

I am attaching two sections from "Declaration of covenants, conditions and restrictions of ".

Do i need to look at any other HOA documents?

In your HOA documents, does it specifically say anywhere that you are not able to operate a business?

[Snowmom]

Are you licensed?
Before contacting your HOA, I would first check with licensing in your state. Even if you're not licensed, they should be able to answer the basic question: is daycare protected against HOA rules.

In my state, in-home daycare IS a protected business. No HOA can refuse a provider doing daycare in their home.
My licensor told me when looking for homes last year, that if I came across an HOA who told me differently, to tell her and she will forward them the statutes.

[sunilnpendse@hotmail.com]

Yes we are licensed under DFPS Texas. I will surely send my licesing rep an email. Appreciate your help.

[Blackcat31]

Are you licensed?
Before contacting your HOA, I would first check with licensing in your state. Even if you're not licensed, they should be able to answer the basic question: is daycare protected against HOA rules.

In my state, in-home daycare IS a protected business. No HOA can refuse a provider doing daycare in their home.
My licensor told me when looking for homes last year, that if I came across an HOA who told me differently, to tell her and she will forward them the statutes.

Really? I had no idea... I've never paid attention to HOA rules because I'd NEVER live in one but;

Can you ask your licensor for those statutes?

A friend of mine just closed up shop because he HOA forced her to. She hired an attorney and fought over a year and still lost because the HOA covenants said no businesses.

I'd love to pass on some good info to her and maybe she can appeal.

[sunilnpendse@hotmail.com]

I have sent an email to my REP and will post comments if I receive it back. Let's see.