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AngelaH1 (Virginia)
Posts: 3
Posted:
Does anyone know where I can find examples of policy or procedures used by HoA's to address the issues that arise when a resident decides to operate a day care center in their home within a community covered by the HoA. We're a small townhouse community with limited parking. Our CR&R has a restriction on using any home for non-residential purposes, and against any activity that "may be or becomes an annoyance or nuisance to the neighborhood or any Member." The Board has the authority to set rules and requirements.
The Board has recently received several complaints related to two homes that are providing day care to people from outside the community. Here are a few of the complaints:
- During drop-off and pick-ups, the "customers" simply stop in the road behind parked cars, blocking those cars in and obstructing others from getting by (we only have two roads and both are deadends. In one case, a mid-sized school bus actually pulls into the community to drop off a child after school - blocking the whole road for 10-15 minutes as they struggle to turn around or back out (there are no circles or turning areas for large vehicles).
- The children play in the parking lot without supervision. One homeowner was hit in the head by a football as they got out of their car, and another reported one of the boys releaving himself in her bushes.
- Several children were using a fairly steep trail in the common area as a luge course for their Razors.
We are concerned about potential HoA liability, the lack of supervision and general impact on other owners. Our manager suggested that the Board and HoA can't stop the ones that exist now, but could prevent an owner or resident from starting a new Day Care and can establish specific procedures and requirements for those existing Day Care Providers. The Board needs to do something, but we just haven't been able to find any examples or other guidance on what our options might be. Any advice would be much appreciated.
BradD2 (Florida)
Posts: 418
Posted:
I might be wrong but I always thought Policies and Procedures are needed for things which are reoccuring.

If someone is doing something which is clearly outside the covenants then I would draft a letter and pass it around the board for review. The letter should quote the governing documents stating it is for single family dwellings and there are no homerun businesses allowed. State the problems that you have mentioned here and if possible take digital photos and reference in the letter. It should also say that they have 30 days to find other arrangements and to take the daycare away from the subdivision; failure to do so would result in legal action being taken against them and will result in them paying both their and the Association legal fees.
DJ1 (Ontario)
Posts: 798
Posted:
Public or private roads? Not much you can do about a school bus.
MikeS1
Posts: 668
Posted:
Angela, There are a ton of old postings on this subject if you do a search.

I'm surprised that there isn't another stronger clause in your docs that address businesses other than the 'nuisance' clause. Usually, most HOA's don't care if there is an in home business unless it increases vehicle and people foot traffic, decreases available or parking, and/or if it has an effect on potential risk of property damage. I don't think that anyone cares that I'm working from a computer in my own home as a consultant.

If you documents don't currently have more specific language that addresses home businesses, then you might want to develop some addition guideline on this and add more specific language.

You might want to check with your local zoning and county offices in order to make sure that they are all in compliance with local licensing and zoning ordinances.

Here's a sample or how our guidelines work.
__________________________________________________________________________

425 In-home Businesses. XXXXX County regulates in-home businesses; permits must be obtained. However, customer-intensive businesses, which frequently attract large numbers of vehicles to the resident’s neighborhood, are not allowed. The following special requirements
must be met:
425.1 A copy of the County permit must be filed with the Association’s property manager;
425.2 No sign or other advertising device of any nature shall be placed upon any lot or common area;
425.3 No exterior storage of business-related materials is allowed; and,
425.4 Visitor parking spaces cannot be used for parking business vehicles. Vehicles parked in violation will be towed at owner’s risk and expense.
PaulM (Pennsylvania)
Posts: 1,347
Posted:
Angela:
Check your docs on 'running a business' from your home/unit, if allowed or not allowed.
Also, check with your local municipality office to learn if she/he is registered as a 'day care'; there would be inspections done and certain codes/standards she must follow when being paid to supervise children.

Don't know why the manager would say you can't stop the day care that 'exists now' but you could prevent someone from starting a new
one. What do your docs say about it--conducting a business?

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