HOA Opposing My Wife's Licensed Childcare Home

[LysesKids]

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.

I know for fact MD protects daycares; when I first opened in 2000, I was looking @ homes in Western MD on the WV border; I went thru all the MD training required in 2000 because you can't do childcare for even 1 kid without your license - the neighborhood assoc home I was looking to buy in tried to tell me it was illegal under HOA... it's not

[MomBoss]

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.

When i moved, my licensor asked if I had an HOA because i would need their permission first. So in MN, i dont think daycare is protected

[Snowmom]

It is- I'm MN too.

Blackcat: I sent an email to my licensor. I'll let you know when she gets back to me.

[MomBoss]

It is- I'm MN too.

Blackcat: I sent an email to my licensor. I'll let you know when she gets back to me.

I wonder why my licensor said i would need permission then...

[Blackcat31]

It is- I'm MN too.

Blackcat: I sent an email to my licensor. I'll let you know when she gets back to me.

Thank you!!!

I have NO idea... I've never even heard of this being an issue until recently. I hope your licensor knows! Thank you again!

[Blackcat31]

I wonder why my licensor said i would need permission then...

Maybe we should ask Tom Copeland... I wonder if he knows since he is in MN too?

[Snowmom]

Here's what she emailed me:

Yes, there are protections in place by the State of MN to allow this. Here’s a link to the Revisor’s website, as well as the language shown there. The citation is 245A.14 Subd. 1:

https://www.revisor.mn.gov/statutes/cite/245A.14

245A.14 SPECIAL CONDITIONS FOR NONRESIDENTIAL PROGRAMS.

§ Subdivision 1.Permitted single-family residential use. A licensed nonresidential program with a licensed capacity of 12 or fewer persons and a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445, to serve 14 or fewer children shall be considered a permitted single-family residential use of property for the purposes of zoning and other land use regulations.

It is unlawful for HOA’s to attempt to tell homeowners that they cannot operate a family child care program in the Association. They can try to have language in their own bylaws, but it won’t hold up in a court because they cannot overstep MN State Statute.

I hope this helps!

[Blackcat31]

Here's what she emailed me:

Yes, there are protections in place by the State of MN to allow this. Here’s a link to the Revisor’s website, as well as the language shown there. The citation is 245A.14 Subd. 1:

https://www.revisor.mn.gov/statutes/cite/245A.14

245A.14 SPECIAL CONDITIONS FOR NONRESIDENTIAL PROGRAMS.

§ Subdivision 1.Permitted single-family residential use. A licensed nonresidential program with a licensed capacity of 12 or fewer persons and a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445, to serve 14 or fewer children shall be considered a permitted single-family residential use of property for the purposes of zoning and other land use regulations.

It is unlawful for HOA’s to attempt to tell homeowners that they cannot operate a family child care program in the Association. They can try to have language in their own bylaws, but it won’t hold up in a court because they cannot overstep MN State Statute.

I hope this helps!

Thank you!!! Very MUCH appreciated!!!

[Snowmom]

Thank you!!! Very MUCH appreciated!!!

YW!
I hope she can appeal it.

I do adore my licensor- she's always willing to help out!

[Michael]

In Texas- if the "group home" qualifies as a "community home" under Chapter 123 of the Texas Human Resources Code, the use of the home cannot be restricted by the City or by private deed restriction. Human Resources Code Section 42.002 includes distinct definitions for "child-care facility," "general residential operation," "foster group home," "foster home," "day-care center," "group day-care home".

http://www.jgradyrandlepc.com/local-governmental-entities/municipal-regulation-group-homes-texas/

Group Home seems to fall under foster care but "Community Home" appears to fall under Daycare/Childcare or residential care facility which then appears to grant state protection. 2-18 (5) https://capitol.texas.gov/tlodocs/74...l/HB02391I.htm

You should go to your city clerk and see if you can attend a planning and zoning meeting to ask in person. I would be interested to see what your zoning board says regarding what your state protects as a community home and their local ordinance in regards to your HOA.

https://www.daycare.com/forum/showthread.php?t=78351

[[email protected]]

Reply from Licensing rep in Texas...now running out of options and very frustrated. We are going to HOA meeting next week and we have been given a one on one time with board. Not sure if this a right step.

reply from our REP -
Unfortunately there is nothing that Child Care Licensing can do. You would need to contact your home owners association and discuss the matter with them. Sorry.

[[email protected]]

I had written to our county engineering dept and received below reply. Not sure what is the impact of this in our situation.

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Your lot is circled on the attached recorded plat of your subdivision. Per the recorded plat, there are no single family restrictions so this would be considered an unrestricted lot. Harris county has no objections for your home to be used as a child care facility as long as you meet our fire code requirements. Harris County does not enforce deed restrictions. The dispute between you and the HOA is a civil matter which we do not get involved.
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[Blackcat31]

I had written to our county engineering dept and received below reply. Not sure what is the impact of this in our situation.

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Your lot is circled on the attached recorded plat of your subdivision. Per the recorded plat, there are no single family restrictions so this would be considered an unrestricted lot. Harris county has no objections for your home to be used as a child care facility as long as you meet our fire code requirements. Harris County does not enforce deed restrictions. The dispute between you and the HOA is a civil matter which we do not get involved.
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I took that as meaning they have no jurisdiction over whether or not your HOA does or doesn't allow you to operate a child care from your home.

The state/county would only have input on the licensing regulations.

When is your scheduled meeting with the HOA suppose to take place? Please keep us updated as to what happens.

Good luck!

[[email protected]]

I am now consulting with a lawyer and may not talk to HOA immediately. I know this may be a long shot but thought of worth taking it before any further steps.

I am not sure how other licensed childcare homes / registered childcare homes in my vicinity are running even though they are also under HOA. May be I should talk to some of them to see if they faced similar situation.

I will keep you all posted.

[Maman_sub]

Hi I have a similar situation .
I have a licensed home daycare in North Carolina. I have 4 kids and 3 cars coming everyday and one of my neighbor complained about too much traffic. HOA asked me to stop my business. Our covenant allows business if there is no sign, solicitation, no excessive cars in the neighborhood. I am also looking for a way how I can run my business without HOA stopping it.