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View Full Version : Does Your Neighborhood Have Regulations On Daycares?


cheerfuldom
07-13-2011, 11:46 AM
My HOA sent out a survey to all residents to see if the neighborhood wanted to pursue shutting down daycares or regulating them (I guess beyond what the state does). This was not the case when I first moved in and I am currently abiding by the restrictions and not cool with a random person coming in to "regulate" and they have no idea what to look for or what the rules are. I might have to go to the next meeting and raise some hell

sharlan
07-13-2011, 11:49 AM
Check with your local licensing. The HOA may not have the authority to do this.

cheerfuldom
07-13-2011, 11:54 AM
I'm not licensed and am not required to be so I don't even know who to call. Previously, licensed daycares were not allowed but one opened up. The HOA took her to court and lost. I guess they want to know if residents care enough to use the due money for an appeals process. They also want to know if they allow daycares (meaning licensed and unlicensed), should they start regulating them. I have to go to the meeting. If the state doesn't regulate me and my four kids, what authority would an HOA have??!

PeanutsGalore
07-13-2011, 12:42 PM
I'm not licensed and am not required to be so I don't even know who to call. Previously, licensed daycares were not allowed but one opened up. The HOA took her to court and lost. I guess they want to know if residents care enough to use the due money for an appeals process. They also want to know if they allow daycares (meaning licensed and unlicensed), should they start regulating them. I have to go to the meeting. If the state doesn't regulate me and my four kids, what authority would an HOA have??!

This is why I don't like HOAs. It's nice to have a neighborhood association, but not one that wants to regulate what you do under your own roof.

Go to your next meeting and see who the troublemakers are. Maybe you can make them some muffins covered with honey before having to resort to vinegar pie.
:D

cheerfuldom
07-13-2011, 12:47 PM
Its so annoying because we picked this neighborhood for several reasons, one being that unlicensed (but legal) daycares were not forbidden. Licensed ones are but that was fine with me because I don't want to take that many kids anyway. The six or seven I run now are more than enough. Now they want to extend the rules to unlicensed but if they were to somehow shut me down, we literally could not pay our bills!

Cat Herder
07-13-2011, 01:39 PM
Cheer,

Look at these websites:

http://www.hoaqanda.com/Nuisances.html

http://community.lawyers.com/forums/t/112121.aspx

It may help. I know here they cannot legally do much of anything...;) I don't let them in, I don't have to.

All bark, no bite. :ouch:

PolarCare
07-13-2011, 01:47 PM
I don't think they're even allowed to do that. They can tell you what they'd like you to do, but they can also want in one hand and spit in the other and see which one fills up first.

Our neighborhood just has covenants. We don't have an HOA. Somebody that moved in 2 years ago tried to revive our HOA and he pretty much got laughed back to his own yard. When I first moved here it was mostly older people. We were the second to last people to buy plots and build on this street. It wasn't even paved! About 5 years after we moved in, most of the older neighbors had moved down to the lower 48 for the warmer climate, and younger people with growing families moved it. We've had ZERO problems since then, except we've got one old salty neighbor at the end of the cul de sac.

Our covenants just say you can't have a storefront, can't have a parking lot, can't impact traffic by having people park in the street, and can't have signage over a certain size. This doesn't affect us. We don't have any of that stuff going on here. We do, however, have a small hobby farm in the back of our property. There is another neighbor down the street that has one, too, and while we are well within compliance, the one old salty dog went around and asked all the neighbors to sign a petition to have us remove our chickens and rabbits because they could have poultry diseases. This is the same neighbor who lets his large dog run loose and has been advised that if I lose a chicken, he gets the dog back in a Hefty bag. The neighbors told this dude to suck an egg, and I hope your neighbors do the same. I would NEVER sign a petition against a neighbor of mine making any kind of effort to support their family.

And if they're worried about their property values, let me tell you, there are plenty of other things people in this country should be concerned about right now, and one of them is families supporting themselves and not begging government funds for every little thing. They just better be glad you are able to make it.

Sugar Magnolia
07-13-2011, 02:03 PM
I'm not licensed and am not required to be so I don't even know who to call. Previously, licensed daycares were not allowed but one opened up. The HOA took her to court and lost. I guess they want to know if residents care enough to use the due money for an appeals process. They also want to know if they allow daycares (meaning licensed and unlicensed), should they start regulating them. I have to go to the meeting. If the state doesn't regulate me and my four kids, what authority would an HOA have??!

....But unfortunatly, they have a great deal of power. If the op signed and HOA agreement, there is little she can do...I live in a militant HOA...they actually will measure how deep your lawn is...no pickup trucks allowed, unless in a garage. They will FINE me if my outside light is out. Its insane. HOA's often trump county/city code enforcement.

Sugar Magnolia
07-13-2011, 02:06 PM
I'm not licensed and am not required to be so I don't even know who to call. Previously, licensed daycares were not allowed but one opened up. The HOA took her to court and lost. I guess they want to know if residents care enough to use the due money for an appeals process. They also want to know if they allow daycares (meaning licensed and unlicensed), should they start regulating them. I have to go to the meeting. If the state doesn't regulate me and my four kids, what authority would an HOA have??!

....But unfortunatly, they have a great deal of power. If the op signed and HOA agreement, there is little she can do...I live in a militant HOA...they actually will measure how deep your lawn is...no pickup trucks allowed, unless in a garage. They will FINE me if my outside light is out. Its insane. HOA's often trump county/city code enforcement.

DBug
07-13-2011, 02:52 PM
....But unfortunatly, they have a great deal of power. If the op signed and HOA agreement, there is little she can do...I live in a militant HOA...they actually will measure how deep your lawn is...no pickup trucks allowed, unless in a garage. They will FINE me if my outside light is out. Its insane. HOA's often trump county/city code enforcement.

Wow, that's insane! I thought neighbourhoods like that only existed in the movies :confused:. I don't even know of any HOAs around here (not even sure if we have them at all in Ontario ...).

cheerfuldom
07-13-2011, 03:15 PM
We have lived here a year and never had any issues and never heard of anyone else having issues (as far as actually enforcing anything) but the daycare thing was huge because the story got picked up by the local paper and news stations and now the HOA is sort of having to make a firm decision.

Sugar Magnolia
07-13-2011, 04:12 PM
Wow, that's insane! I thought neighbourhoods like that only existed in the movies :confused:. I don't even know of any HOAs around here (not even sure if we have them at all in Ontario ...).

Retirees with absolutely nothing better to do than bust the chops of the working folks! Oh the joys of FL.....

victorial
07-13-2011, 08:48 PM
The HOA took her to court and lost. I guess they want to know if residents care enough to use the due money for an appeals process. They also want to know if they allow daycares (meaning licensed and unlicensed), should they start regulating them. I have to go to the meeting. If the state doesn't regulate me and my four kids, what authority would an HOA have??!

HOA has authority above the state. By signing the deed restrictions you are signing over your rights.

We have an HOA. Deed restrictions state you may not use your home as a business. They tried to shut me down about 3 years ago but I made it clear I was just interested in staying small and would go to court to stay open. Whoever was complaining was satisfied with a statement I gave the HOA.

Now that I want to expand to the Type A Home (up to 12 kids) we are looking for a new place to live.

Can you get me any more information on this case? It is hard to believe the HOA lost the case. Lawyers here told me it would be a slam dunk for the HOA to shut me down.

familyschoolcare
07-13-2011, 10:08 PM
Can you get me any more information on this case? It is hard to believe the HOA lost the case. Lawyers here told me it would be a slam dunk for the HOA to shut me down.[/QUOTE]

It depends on the state. In California the law say that running a licensed family daycare is normal residential use. Therefore it is illigal for ay one including lad lords and HOA's to prevent someone form running one. The law also say that A land lord can not put restriction in part or in whole on the running of a day car. I know all this because I had to research it and even had to get a lawyer involved because by land lord after signing a paper acknowledging that I was going to become a licensed day care, tried to say I no longer give you permission to do so. I reminded him that the letter he signed says that I do not need his permission. My understanding is that California is one of the few states that has a law like this.

Cat Herder
07-14-2011, 06:15 AM
It depends on the state. In California the law says that running a licensed family daycare is normal residential use. Therefore it is illegal for anyone including land lords and HOA's to prevent someone from running one. .

It is the same here. ;)

Mine tried as well in 1998, by writing words on a piece of paper and mailing it, but it was not enforceable.

I just had my lawyer type up a few more words on paper and mail it, signature required, and it all went away. $35 out of pocket spent. :ouch:

cheerfuldom
07-14-2011, 06:58 AM
In this case, the builder gave agreement to the provider that a daycare was okay (in-home licensed daycare) so the couple bought and built the house and opened up shop. The HOA had a problem only when a few neighbors complained and took her to court. The builder did not have the authority to okay the daycare but the couple won anyway (plus all the complaining neighbors had already moved out by then, meaning that the daycare did not really effect the property values). Now that she remains open, they are hesitant to try and pursue shutting anyone else down but I guess will if enough neighbors want them too.

bice99
08-04-2011, 08:26 PM
Anyone know the rules for Oregon? I have a friend who wants to move into our HOA. Most of our HOA doesn't know that I have a registered childcare. Those that do know, don't care (in fact I watch some of their kids).