ZekeT (Arizona)
Posts: 1
Posts: 1
Posted:
I am thinking about opening an assistant living home in my community can an HOA prevent me from using my home to take care of elderly people? which will fall into the catergory of discrimination.
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OPENING AN ASSISTANT LIVING HOME
Started by ZekeT • 6 replies • 5112 views
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BradP (Kansas)
Posts: 2,640
Posts: 2,640
Posted:
Zeke:
Would this not be considered a business? Or are you going to pay all the bills yourself and let these people live for free? Most HOA's have covenants against running certain businesses out of your home.
Would this not be considered a business? Or are you going to pay all the bills yourself and let these people live for free? Most HOA's have covenants against running certain businesses out of your home.
RogerB (Colorado)
Posts: 5,067
Posts: 5,067
Posted:
Posted By ZekeT on 02/05/2007 12:48 PM
I am thinking about opening an assistant living home in my community can an HOA prevent me from using my home to take care of elderly people? which will fall into the catergory of discrimination.
I am thinking about opening an assistant living home in my community can an HOA prevent me from using my home to take care of elderly people? which will fall into the catergory of discrimination.
Probably your Declaration prevents this business in your home. It is not discrimination.
JM2 (Oregon)
Posts: 439
Posts: 439
Posted:
Read your documents regarding "residential use." Some documents allow the Board to approve your business if it does not generate any substantial traffic or activity beyond normal residential use. However, if you are looking at Assisted Living (a group home environment) you may have increased traffic due to family/friends of clients visiting, medical people visiting, church member outreach, and any emergency response due to falls, illness, etc. that would go beyond the normal flow of traffic.
It's not discrimination if you are running a business. Purchasing within an HOA means that you agree to abide by the CC&R's - you enter into a "covenant" with the other people who have purchased within the HOA, to abide by the rules & regulations as spelled out in the CC&R's, Bylaws, and the resolutions that the Board passes that follow from these documents.
J. Patrick Moore, CMCA
Compliance Coordinator
Forest Heights Homeowners Association
Portland, Oregon
It's not discrimination if you are running a business. Purchasing within an HOA means that you agree to abide by the CC&R's - you enter into a "covenant" with the other people who have purchased within the HOA, to abide by the rules & regulations as spelled out in the CC&R's, Bylaws, and the resolutions that the Board passes that follow from these documents.
J. Patrick Moore, CMCA
Compliance Coordinator
Forest Heights Homeowners Association
Portland, Oregon
HaroldS (Arizona)
Posts: 906
Posts: 906
Posted:
Well, we were told we could not refuse assisted living homes in our HOA. (We now have two assisted living homes in our HOA.) The Federal Fair Housing act allows people to live among others and not be "segregated" according to their condition.
Here is a paragraph from the Federal Fair Housing Act: "The Fair Housing Act (FHA) is an equal-opportunity statute; it protects people’s choice to live where they want to live. That principle is easy to understand in the context of a real estate agent who turns an African-American family away from houses in predominantly white neighborhoods, or a rental manager who will not rent to families with children. For seniors and younger people with disabilities, equal opportunity means having a broad spectrum of housing choices—including single-family homes, condominiums, and rental communities—in a variety of settings that include people of all ages and abilities living side by side. In addition, people who are older or have disabilities may need or want housing that offers support and medical services for their special needs." Harold
Here is a paragraph from the Federal Fair Housing Act: "The Fair Housing Act (FHA) is an equal-opportunity statute; it protects people’s choice to live where they want to live. That principle is easy to understand in the context of a real estate agent who turns an African-American family away from houses in predominantly white neighborhoods, or a rental manager who will not rent to families with children. For seniors and younger people with disabilities, equal opportunity means having a broad spectrum of housing choices—including single-family homes, condominiums, and rental communities—in a variety of settings that include people of all ages and abilities living side by side. In addition, people who are older or have disabilities may need or want housing that offers support and medical services for their special needs." Harold
RogerB (Colorado)
Posts: 5,067
Posts: 5,067
Posted:
Harold, who told you that? Perhaps it was for assisted living related to a single handicapped person. I do not think the paragraph you quoted is applicable for HOAs which do not allow multiple families nor a business.
HaroldS (Arizona)
Posts: 906
Posts: 906
Posted:
Roger - Our attorney researched this for us. Believe me, there were board members very adamant against this. Perhaps the paragraph I quoted was not the defining one, but the essence is that folks requiring assisted living are entitled to live among the rest of us. These are not nursing homes. Residents must be ambulatory. The idea is to maintain a home-like atmosphere. They just need some...well...assistance in daily living, that's all. Our city regulates the number of residents that can be housed. Families with rambuncous children can create more problems than these folks.
In retrospect, there have been no problems. The homes are maintained as well or better than many others. There are no ambulances screaming into the area every day. I have never seen a delivery truck. There is an occasional car parked in the street during the day, but never any over night. Without actually being privy to this information, I doubt many of our residents know these are assisted living homes. Actually we have other homes that watch children which generates more traffic than these assisted living homes do. Harold
In retrospect, there have been no problems. The homes are maintained as well or better than many others. There are no ambulances screaming into the area every day. I have never seen a delivery truck. There is an occasional car parked in the street during the day, but never any over night. Without actually being privy to this information, I doubt many of our residents know these are assisted living homes. Actually we have other homes that watch children which generates more traffic than these assisted living homes do. Harold
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