Home Business in an HOA

Started by TomM15 • 7 replies • 1543 views

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TomM15 (South Carolina)
Posts: 8

Posted:

I Have two problems I hope someone can help me with.
1. We have a home owner who is running a daycare from her home in violation of our covenants. She says she complies with state and county law. This past weekend she brought 10 children to our small pool a total inconvience to all the other homeowners. . What are some suggestions for recourse.

2. I also want to say that we have 1 home owner who rents out their home buy the night, weekend, or week and is listed on Home-Away.com thru a rental company. The Board knew of this business and didn't go after after this owner. If the Board tries to restrict the lady with day care and not the rental property would they open themselves up to liability.

TimB4 (Tennessee)
Posts: 21,061

Posted:

Tom,

We had a similar issue in the past and on the advice of our lawyer were told that we couldn't stop the business but could (and did) require the member and every parent to sign paperwork (which the lawyer drew up) - and I'm pulling all of this from memory - specifying that the common areas were not public property and therefore did not need to comply with various regulations that would be required of public property and that the guests understand this and agree to hold the Association harmless for any injury that may be attributable as being preventable by such regulations.

Basically the daycare was no longer an issue as the member didn't want to be held personally responsible and the parents didn't want to sign the papers.

You may want to check with your Association's attorney for something similar.

Tim

BrianB (California)
Posts: 2,820

Posted:

very interesting solution Tim.. kudos for coming up with a better way to gain compliance than the big stick. The sneaky, sic a lawyer on them stick is much cooler.

KarenT (Washington)
Posts: 250

Posted:

Tom,

We had a similar instances where a homeowner was renting and that tenant started a daycare. It didn't matter if they were following state and county law. The covenants prohibit it period. Have your attorney take action.

Now the other issue of renting the home - that would be a totally different issue but your attorney should be able to advise you.

Look at your State HOA laws for some guidance as well.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By KarenT on 06/20/2012 10:00 AM
It didn't matter if they were following state and county law. The covenants prohibit it period.

Because we are a country of 50 different states with different laws, one must be careful about making one-size-fits-all statements. It's entirely possible that some covenants in CCRs may be prohibited by some states. In such cases, those covenants are unenforceable.

I'm not saying this is true in the present situation, only that one should not draw conclusions based on one's experience in a specific situation in a different state.

CarolR11 (Colorado)
Posts: 2,563

Posted:

1. Yes, Tom, heed Bruce's reply. In Calif., for example, HOA's may not prohibit daycare even if the CC&Rs, etc., say they they're forbidden. So you need to know what your relevant state statutes say. In Calif, the HOA can require a license and insurance at minimum.

I can see that 10 kids in a small pool could be a problem for others' enjoyment. Are there any limits in your HOA's rules to the number of people per unit who can use the pool at one time?

2. Do your CC&Rs or some other doc state that short-term rentals aren't permitted? If your CC&Rs do say that and they don't conflict with state statutes, go ahead and send a letter to the Board requesting that they take action to halt the violation. I'd hope your HOA has a published schedule of fines, etc.

JayP3 (Florida)
Posts: 154

Posted:

"I can see that 10 kids in a small pool could be a problem for others' enjoyment. Are there any limits in your HOA's rules to the number of people per unit who can use the pool at one time?"

Doubtful.

People can find offense in anything.

What if another owner was having a birthday party for their child and brought 10 kids over to the pool? And yet anoher was coincedentally having a graduation party and brough 10 more?

Is that a problem too?

What is the issue, kids in the pool or a daycare situation?

Tolerance is in short supply in our society.

If you do not want to be inconvenienced by others better look to live where you have exclusive rights.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Actually, our HOA had a limit in the Rules & Regs of 5 people per unit in our large pool & pool area! I organized & chaired a Rules Committee that recommended and received approval to eliminate that one & some other goofy and/or unenforceable ones, e.g., residents were not permitted to use the stairwells in our high rises except for emergencies; no glassware in the BBQ area and a few others.

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