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Daycare Center and Family Home Forum>HOA Opposing My Wife's Licensed Childcare Home
sunilnpendse@hotmail.com 11:01 AM 08-09-2019
Hello My wife has started a licensed childcare home in Jan 2018 and is operating with 12 kids since then . A couple days back I also received a letter from my HOA stating that daycares are not allowed within the community and they are threating me of some action that could be taken against me. I thought the state and local zoning ordinances were above the HOA law but I may be wrong. My question is what actions can the HOA take against me if I start enrolling children into my home daycare and what legal resources or help are available to me as a provider.
We are in Cypress Texas.
Thank you!
We are in Cypress Texas.
Thank you!
hwichlaz 11:03 AM 08-09-2019
I think HOAs can do that in Texas. You signed a contract when them agreeing to follow their rules and bylaws when you bought the house. A few states, like California, protect family childcare, but I don't think Texas is one of them.
Cat Herder 11:18 AM 08-09-2019
My HOA can prevent me from operating under a large group license (12) but cannot stop me from operating as a family provider (6) as that is a protected trade (old homestead laws). The difference in having an employee (required for 12) and being a sole provider (of 6) keeps it from being considered a commercial business. 
It varies by your state and county. What does your HOA contract say? Did you sign it?
It varies by your state and county. What does your HOA contract say? Did you sign it?
sunilnpendse@hotmail.com 11:42 AM 08-09-2019
HOA 3.6.JPG
HOA 3.15.JPG
I am attaching two sections from "Declaration of covenants, conditions and restrictions of ".
Do i need to look at any other HOA documents?
HOA 3.15.JPG
I am attaching two sections from "Declaration of covenants, conditions and restrictions of ".
Do i need to look at any other HOA documents?
Attached:
Blackcat31 12:18 PM 08-09-2019
Originally Posted by sunilnpendse@hotmail.com:
Attachment 5184
Attachment 5185
I am attaching two sections from "Declaration of covenants, conditions and restrictions of ".
Do i need to look at any other HOA documents?
Did the HOA specifically state that the rules say you can't operate a business from your home when they notified you of it being against the rules? Attachment 5184
Attachment 5185
I am attaching two sections from "Declaration of covenants, conditions and restrictions of ".
Do i need to look at any other HOA documents?
Asking because usually in my experience when any authority/agency tells you that you are violating a rule or regulation they include a copy of the rule or state where the rule can be found.
Cat Herder 12:36 PM 08-09-2019
I found this in case law. 
Mine does not use this language, it specifically uses the term "commercial business" so was easy to fight.
"It follows that the term single-family residential purpose manifests an intent that a residence not be used for residential purposes by multi-family or non-family groups. "Construing the term residential purposes employing the common and ordinary meaning of the words used, it denotes the occupying of a premises for the purpose of making it one's usual place of abode."
Mine does have the no siganage rule, but I never intended to have anything out to advertise I was home alone with several small children. Kind of defeats my goal of privacy and safety. 
Mine does not use this language, it specifically uses the term "commercial business" so was easy to fight. "It follows that the term single-family residential purpose manifests an intent that a residence not be used for residential purposes by multi-family or non-family groups. "Construing the term residential purposes employing the common and ordinary meaning of the words used, it denotes the occupying of a premises for the purpose of making it one's usual place of abode."
Mine does have the no siganage rule, but I never intended to have anything out to advertise I was home alone with several small children.
Kind of defeats my goal of privacy and safety.
sammie 08:09 PM 08-11-2019
Originally Posted by sunilnpendse@hotmail.com:
Attachment 5184
Attachment 5185
I am attaching two sections from "Declaration of covenants, conditions and restrictions of ".
Do i need to look at any other HOA documents?
In your HOA documents, does it specifically say anywhere that you are not able to operate a business?Attachment 5184
Attachment 5185
I am attaching two sections from "Declaration of covenants, conditions and restrictions of ".
Do i need to look at any other HOA documents?
Snowmom 06:33 AM 08-12-2019
Are you licensed?
Before contacting your HOA, I would first check with licensing in your state. Even if you're not licensed, they should be able to answer the basic question: is daycare protected against HOA rules.
In my state, in-home daycare IS a protected business. No HOA can refuse a provider doing daycare in their home.
My licensor told me when looking for homes last year, that if I came across an HOA who told me differently, to tell her and she will forward them the statutes.
Before contacting your HOA, I would first check with licensing in your state. Even if you're not licensed, they should be able to answer the basic question: is daycare protected against HOA rules.
In my state, in-home daycare IS a protected business. No HOA can refuse a provider doing daycare in their home.
My licensor told me when looking for homes last year, that if I came across an HOA who told me differently, to tell her and she will forward them the statutes.