operating an Adult Family Home in HOA community

We would like to make our home an Adult Family Home which would be licensed by the State of Ohio for up to five non-related seniors to live with us 24/7 as a part of our extended family. By law, these seniors would be provided general living assistance, not skilled nursing.

Our HOA vaguely prohibits any business from operating from a home. We contend that the spirit and intent of that rule is to prohibit people from operating businesses that would greatly increase general public traffic into the neighborhood, create parking issues, create additional noise/visual/smell issues, create danger or risk to residents or in someway interrupt the safe and enjoyable use of the homes of other residents. By strict definition, the HOA rule would not allow garage sales (selling goods to the general public for compensation), selling items on eBay, online investing, entertaining business contacts at home, etc. as those are all business activities by definition. We believe that some flexibility must exist in how this rule is interpreted and applied.

Our plan would be consistent with other 'no-impact' home businesses that we believe should be permitted as we would have no external modifications to the home, no signage whatsoever, extremely little traffic, no parking issues, no risk or dangers to neighbors or anything that would negatively impact their ability to fully enjoy the comforts of their homes.

We have also learned that in some states, Adult Family Homes like we are planning, are statutorily permitted and can not be prevented by an HOA. We are trying to determine if Ohio is a state that also provides for this, making us not subject to a ruling by our HOA. We approached our HOA with our intent and maintain a positive relationship with them to this point. Things are moving slowly as they have presented a written copy of our plan and the potential impact on our immediate neighbors and the neighborhood as a whole to attorneys for the HOA. We are still awaiting their interpretations. Our intent is to open and operate this business in a way that will maintain a positive relationship with our neighbors and HOA.

Any insight anyone may offer is appreciated.

Here is a link for some Ohio statutes: http://codes.ohio.gov/orc/53

Along with what Susan said on checking state laws ... also be sure to check your local community statutes.

Janet & Susan:

Thanks for your posts. We have already met with the State of Ohio Department of Health, which would license us for up to five residents. We are up to speed on everything we need to do as far as state regulations. We have also learned that local cities can not prohibit what we would like to do. We would satisfy state and local guidelines to be a residential home still.

Our biggest current concern is keeping harmony with our neighbors and HOA. They have not officially said no yet. But, it's been in the HOA attorney's hands for about a month now. The HOA seems to be of the opinion that because this would be a 'business' per se, this might not be allowed on that principal alone. They have not indicated in any way that they want to limit housing based on race, sexual preferences, religious beliefs, age or any other specific factors. They do not seem to have any agenda against us personally. We do not view this as being discriminatory.

We have an elderly parent under our care in our home now as do several others in our neighborhood. The HOA said that is OK, but caring for people for compensation (profit) might fall under the terms of being a business. Rhetorically, they said if the aging parent living in a home helps pay for groceries, utilities, etc. where the adult children are receiving monies, that could be construed as 'a business' also. They understand that it's a pretty fine line determining what is or is not a business.

Our feeling is that simply prohibiting any business from operating out of a home is unrealistic. Businesses that create almost no traffic into the neighborhood, create no fumes, noise or visual nuisances and in no way prevent others from enjoying the safe and comfortable use of their homes should be permitted. It would be extremely difficult to even know that we had a business per se operating out of the home. But, we want to be upfront about this rather than try to get away without the HOA being aware.

We also are aware of some states that provide the right to operate this type of a business or a child day care services out of homes where HOAs can not prevent these types of businesses in these states. There are some guidelines and licensing usually needed, but HOAs have no authority to prohibit them apparently.

Also, we are trying to wade through all the applicable laws for the State of Ohio regarding the right to operate this type of a business from our home where the HOA would have no jurisdiction to prevent it. We are just trying to learn what our options are.

Any other advice is appreciated.

Thanks Janet!

We are all ready to start marketing for this, all we need is to get it through our HOA. We are taking all the necessary steps to do this the right way.

As mentioned, we have an elderly parent living with us with mid-level dementia. She is no longer well enough to leave alone for extended periods of time. We have had to step up our level of support for her as she has regressed. As such, it makes it difficult for both of us to work 9-5 every day. We envision providing a similar type of care, support and love for other seniors we would take care of also.

Originally, after meeting and discussing this with our HOA president, he indicated we should detail our plan in writing for the board. Then, we would have an opportunity to present this at a hearing and address any concerns people may have. I assume that means it could potentially lead to some sort of a vote to clarify business restrictions ad perhaps allow our plan. But, without that hearing, our plan was simply forwarded to the HOA attorney. That is where it has sit for the last month or so.

It's foolish not to think others aren't conducting some sort of business from their homes. Like theirs, ours would be hard to notice unless someone brought it to attention. Garage sales, selling on eBay, online investing, re-selling your house, consulting, web-based businesses, etc. are all businesses that can easily be conducted from home without a negative effect on other homeowners. In fact, a garage sale would invite more traffic and strangers into our neighborhood in one day than we would likely create in an entire year with this business.

Alex it doesn't appear that Washington is a State that mandates that HOA's or COA's allow group type homes so your first hurdle would be getting approval from the Board for the business. These type of homes are generally prohibited in the Covenants and the Board DOES NOT have the power to waive these so you would need to gather enough support to amend the Covenants to allow the home.

Then you would need to comply with Washington State laws on licensing an "Adult Home" the state guidelines on "Adult Homes" including the applicable building codes not to mention your local codes. I would think you would also be subject to Fire Dept random inspections plus outlandish insurance rates.

These url's might give you an idea what you are in for AFTER you get over the HOA hurdle.

Section R325—Adult family homes: http://apps.leg.wa.gov/WAC/default.aspx?cite=51-51-0325

ADULT FAMILY HOME MINIMUM LICENSING REQUIREMENTS: http://apps.leg.wa.gov/WAC/default.aspx?cite=388-76

Building codes—Structural requirements: http://apps.leg.wa.gov/WAC/default.aspx?cite=388-76-10695