Originally Posted by Snowmom:
Here's what she emailed me:
Yes, there are protections in place by the State of MN to allow this. Here’s a link to the Revisor’s website, as well as the language shown there. The citation is 245A.14 Subd. 1:
https://www.revisor.mn.gov/statutes/cite/245A.14
245A.14 SPECIAL CONDITIONS FOR NONRESIDENTIAL PROGRAMS.
§ Subdivision 1.Permitted single-family residential use. A licensed nonresidential program with a licensed capacity of 12 or fewer persons and a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445, to serve 14 or fewer children shall be considered a permitted single-family residential use of property for the purposes of zoning and other land use regulations.
It is unlawful for HOA’s to attempt to tell homeowners that they cannot operate a family child care program in the Association. They can try to have language in their own bylaws, but it won’t hold up in a court because they cannot overstep MN State Statute.
I hope this helps!
Thank you!!! Very MUCH appreciated!!!
