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Daycare Center and Family Home Forum>California -- CCNR's Prohibit Home Business
ardeur 08:21 PM 03-09-2017
Anyone familiar with California law? We're in escrow on a condo and I just read through the CCNR's which prohibit any home businesses.
But it is my understanding that California law is on my side with this one regarding my family daycare. HOAs, landlords, neighbors, CCNR's, etc may not prevent me from operating a family daycare.
Correct?
But it is my understanding that California law is on my side with this one regarding my family daycare. HOAs, landlords, neighbors, CCNR's, etc may not prevent me from operating a family daycare.
Correct?
Sumshine 08:26 PM 03-09-2017
Originally Posted by ardeur:
Anyone familiar with California law? We're in escrow on a condo and I just read through the CCNR's which prohibit any home businesses.
But it is my understanding that California law is on my side with this one regarding my family daycare. HOAs, landlords, neighbors, CCNR's, etc may not prevent me from operating a family daycare.
Correct?
Anyone familiar with California law? We're in escrow on a condo and I just read through the CCNR's which prohibit any home businesses.
But it is my understanding that California law is on my side with this one regarding my family daycare. HOAs, landlords, neighbors, CCNR's, etc may not prevent me from operating a family daycare.
Correct?
I don't know about CA but in MN you need permission to run a daycare forsure if you rent and I've heard of associations limiting kids or not allowing daycares at all even if you own! One particularly popular newer developed neighborhood the next town over literally only allows daycares to have 4 kids at a time and you sign off on that when you move into the association!
I thought that was crazy. Spend half a million on a dang house you OWN and you are limited if you do daycare?!
daycare 08:41 PM 03-09-2017
The link won't copy. Odd
I am going through the same thing in CA
GO TO CCLD tenants rights. They can't stop you. You are correct about the law.
I am going through the same thing in CA
GO TO CCLD tenants rights. They can't stop you. You are correct about the law.
daycare 08:43 PM 03-09-2017
You can also Contact childcare law and fair housing. Sorry I tried to copy the link again and it won't work. I'm on my phone
ardeur 09:07 PM 03-09-2017
Thank you so much! That is helpful.
Cat Herder 04:29 AM 03-10-2017
I see this issue both ways. 
If the Condos are sold as an adult or gated community, I would hope they do have some way of preventing owners from opening family childcare.
I am depending on that, myself, one day.
If the Condos are sold as an adult or gated community, I would hope they do have some way of preventing owners from opening family childcare.
I am depending on that, myself, one day.
Snowmom 07:35 AM 03-10-2017
Originally Posted by Sumshine:
I don't know about CA but in MN you need permission to run a daycare forsure if you rent and I've heard of associations limiting kids or not allowing daycares at all even if you own! One particularly popular newer developed neighborhood the next town over literally only allows daycares to have 4 kids at a time and you sign off on that when you move into the association! I thought that was crazy. Spend half a million on a dang house you OWN and you are limited if you do daycare?!
I've been running into that all over the cities (MN). We've been looking at building a new home and nearly all the homebuilders have HOAs now and prohibit daycares. It's maddening!I don't know about CA but in MN you need permission to run a daycare forsure if you rent and I've heard of associations limiting kids or not allowing daycares at all even if you own! One particularly popular newer developed neighborhood the next town over literally only allows daycares to have 4 kids at a time and you sign off on that when you move into the association!
I thought that was crazy. Spend half a million on a dang house you OWN and you are limited if you do daycare?!
Cat Herder 08:03 AM 03-10-2017
Originally Posted by Snowmom:
I've been running into that all over the cities (MN). We've been looking at building a new home and nearly all the homebuilders have HOAs now and prohibit daycares. It's maddening!
I've been running into that all over the cities (MN). We've been looking at building a new home and nearly all the homebuilders have HOAs now and prohibit daycares. It's maddening!
That has always been the case inside city limits, here, unless the land is zoned mixed use. That is why I have always lived further out into the rural county areas; to run my family childcare program. I assumed that was the point of zoning. Q: Do you guys really feel that people who don't want to live near daycares/dog groomers/shade tree mechanics, etc., and pay dearly for it, should not have protections as well? Really? Never?
Why should they have to wait until 55? **Don't get angry, please. I seriously want to understand the other side of this.**
My view: I am coming to the end of my career and after 30 years of other peoples screaming kids, no matter how much I adore them now, I would like to think I had earned the right to a little peace and quiet, somewhere. Especially on my own property. Property I searched out for its HOA and covenants.
Why should *your (broad) rights be more valued than mine in this scenario??
hwichlaz 08:06 AM 03-10-2017
In California Title 22 protects your rights to open a daycare anywhere you live that you can bring up to licensing standards. It's because it's beneficial to children to be able to have care in their own neighborhoods. Landlords cannot prevent you from doing this. Though you DO need your landlord's consent to watch the two additional school aged children. Without permission you're limited to 6 kids.
Snowmom 09:05 AM 03-10-2017
Originally Posted by Cat Herder:
That has always been the case inside city limits, here, unless the land is zoned mixed use. That is why I have always lived further out into the rural county areas; to run my family childcare program. I assumed that was the point of zoning.
Q: Do you guys really feel that people who don't want to live near daycares/dog groomers/shade tree mechanics, etc., and pay dearly for it, should not have protections as well? Really? Never? Why should they have to wait until 55?
**Don't get angry, please. I seriously want to understand the other side of this.**
My view: I am coming to the end of my career and after 30 years of other peoples screaming kids, no matter how much I adore them now, I would like to think I had earned the right to a little peace and quiet, somewhere. Especially on my own property. Property I searched out for its HOA and covenants.
Why should *your (broad) rights be more valued than mine in this scenario??
No worries. I'm happy to answer from my own perspective. That has always been the case inside city limits, here, unless the land is zoned mixed use. That is why I have always lived further out into the rural county areas; to run my family childcare program. I assumed that was the point of zoning. Q: Do you guys really feel that people who don't want to live near daycares/dog groomers/shade tree mechanics, etc., and pay dearly for it, should not have protections as well? Really? Never?
Why should they have to wait until 55? **Don't get angry, please. I seriously want to understand the other side of this.**
My view: I am coming to the end of my career and after 30 years of other peoples screaming kids, no matter how much I adore them now, I would like to think I had earned the right to a little peace and quiet, somewhere. Especially on my own property. Property I searched out for its HOA and covenants.
Why should *your (broad) rights be more valued than mine in this scenario??
I think it's perfectly reasonable to expect that if you live in a neighborhood that consists of 4-6 bedroom homes, there's going to be children.
All of these new home developments I speak of are 4-6 bedroom homes in family neighborhoods, with parks, walking trails and playing fields and even advertise the great school districts. They are designed for families.
In a large (60+ home) family community, no, I don't think it's reasonable. Those HOA restrictions don't apply to those that have other businesses out of their home (that could still require that business owner to have daily traffic out of their home) but have specific rules against daycare.
I grew up in a big family, my mom grew up in a big family. To me, having 10 neighborhood kids playing in the backyard is no different than the way we grew up and it infuriates me that the expected trend now is to stick all the kids in centers and formal preschools away from the family neighborhoods and communities.
I don't balk at your right to live in a peaceful, quiet home if that's what you'd like. But why oh why does ALL the new home developments need to be this way?
14 builders in my area and 13 of them restrict how you can use your brand new 450k home.
Cat Herder 09:21 AM 03-10-2017
Originally Posted by Snowmom:
I think it's perfectly reasonable to expect that if you live in a neighborhood that consists of 4-6 bedroom homes, there's going to be children.
They are designed for families.
I don't balk at your right to live in a peaceful, quiet home if that's what you'd like. But why oh why does ALL the new home developments need to be this way?
14 builders in my area and 13 of them restrict how you can use your brand new 450k home.
I agree with you there. That makes no sense to me at all. I think it's perfectly reasonable to expect that if you live in a neighborhood that consists of 4-6 bedroom homes, there's going to be children.
They are designed for families.
I don't balk at your right to live in a peaceful, quiet home if that's what you'd like. But why oh why does ALL the new home developments need to be this way?
14 builders in my area and 13 of them restrict how you can use your brand new 450k home.
Seems family childcare in that setting would be extremely desired. Maybe it is the 450k that makes it so? That is 4 times the average price, here, so I am picturing Stepford Village...
It may be the norm there. 
I was really thinking about Condos since they are a group living situation, where owners of individual units, themselves, agree to a similar lifestyle before purchase. To "buy in" then try to force everyone else to just suck it up, seems unfair.
I guess now that I typed it up I can see how those who can afford a 450k home would feel the same.
Ugh. So, what is the point of zoning and covenants if they are not enforceable . Anyone
I really am interested. Is even owning a home worth it, anymore. I really am not seeing the benefits.
ardeur 09:27 AM 03-10-2017
This is a gated, family community -- not an age-restricted one. Lots of working couples and children here.
My husband and I wish to approach this very delicately and respectfully with our HOA board. I plan to accommodate them as far as I can but we still depend on my daycare income to live, so that needs to stay. I'm thinking the children won't be allowed outside during certain hours and I might consider pick-up or drop-off on the curb just outside the complex to limit traffic. Not sure if that is allowed in regs, though.
My husband and I wish to approach this very delicately and respectfully with our HOA board. I plan to accommodate them as far as I can but we still depend on my daycare income to live, so that needs to stay. I'm thinking the children won't be allowed outside during certain hours and I might consider pick-up or drop-off on the curb just outside the complex to limit traffic. Not sure if that is allowed in regs, though.