Daycare.com Forum Daycare Forum

Go Back   Daycare.com Forum > Main Category > Daycare Center and Family Home Forum

Daycare Center and Family Home Forum Daycare Center and Family Home owners, Directors, Operators and Assistants should post and ask questions here.

Reply
 
Thread Tools Display Modes
  #1  
Old 07-17-2015, 04:35 AM
Unregistered
Guest
 
Posts: n/a
Unhappy Zoning Board of Appeals for Home Daycare and HOA Issues

I'm running my home daycare in my townhouse for the last year or so. the daycare is VA state licensed and has capacity of 5 children at any given time. I have applied for special zoning permit to have the max of 12 children at any given time. However before opening my home daycare i looked over my HOA "articles of incorporation, by-laws, parking and traffic regulation, architectural guidelines,and declaration of covenants conditions and restrictions. the only part that mentions anything about business states the following " No portion of a lot created by this instrument shall be used for any professional, industrial, mining or commercial activities except as can be and are in fact conducted from a townhouse residence. Since my home daycare is conducted inside my home and has no negative effect on the surrounding home, I fully believed i was in my right to run my home daycare. However I contacted my HOA because zoning recommend it. i immediately was told that i could not run any business. nothing sates that i can not run a business inside my home. Could some please give me so advise? should a write a letter to the hoa? am i withing my right to run my daycare?
Reply With Quote
  #2  
Old 07-17-2015, 04:45 AM
DaveA's Avatar
DaveA DaveA is offline
Daycare.com Member and Bladesmith
 
Join Date: Jul 2014
Location: Illinois
Posts: 4,204
Default

I think some state's licensing regulations prohibit bodies such as HOAs from banning home daycares, but I don't know if VA is one of them. My best advise is to find a local attorney and consult with them. HOAs are one of the worst ideas ever: breeding grounds for self absorbed know it alls disguising their crap as "keeping up the neighborhood". Problem is they have a lot of leeway to pull dumb stunts.

Good luck.
Reply With Quote
  #3  
Old 07-17-2015, 05:38 AM
NoMoreJuice!'s Avatar
NoMoreJuice! NoMoreJuice! is offline
Daycare.com Member
 
Join Date: Jan 2014
Location: KS
Posts: 715
Default

When we purchased our new house knowing it would be used for daycare, we looked at sixty houses in the metro area. I talked to three HOA board members from different neighborhoods, and they all said the same thing. They didn't allow businesses to be operated in the homes in their neighborhood. Increased traffic and street parking was the main concern.

HOA boards also have a habit of taking their neighbors to court and winning. They do hold a lot of power, and you're probably out of luck since you are violating the rules you agreed to. The "except as can be" part is what I'm looking at. Apparently it can't be. Sorry!
Reply With Quote
  #4  
Old 07-17-2015, 05:56 AM
Blackcat31's Avatar
Blackcat31 Blackcat31 is offline
 
Join Date: Oct 2010
Posts: 19,751
Default

Quote:
Originally Posted by Unregistered View Post
I'm running my home daycare in my townhouse for the last year or so. the daycare is VA state licensed and has capacity of 5 children at any given time. I have applied for special zoning permit to have the max of 12 children at any given time. However before opening my home daycare i looked over my HOA "articles of incorporation, by-laws, parking and traffic regulation, architectural guidelines,and declaration of covenants conditions and restrictions. the only part that mentions anything about business states the following " No portion of a lot created by this instrument shall be used for any professional, industrial, mining or commercial activities except as can be and are in fact conducted from a townhouse residence. Since my home daycare is conducted inside my home and has no negative effect on the surrounding home, I fully believed i was in my right to run my home daycare. However I contacted my HOA because zoning recommend it. i immediately was told that i could not run any business. nothing sates that i can not run a business inside my home. Could some please give me so advise? should a write a letter to the hoa? am i withing my right to run my daycare?
I read that as saying you cannot have a business in your home.

"No portion of the lot" = (your home)
"shall be used for any professional, ...activities " (daycare would fall under professional or commercial [depending on their definitions])

So I think you were probably running a child care without anyone noticing and now that you've asked, they have noticed and are saying no.
Reply With Quote
  #5  
Old 07-17-2015, 07:27 AM
Unregistered
Guest
 
Posts: n/a
Question okay

what i have been doing is watching the public Fairfax county ZBP hearings for other home daycare around my area. I believe that the HOA can not stop my home from conducting a home daycare as it is inside my home. however they may impact in the decision for the max 12 children (7 more then my bi-right). I just want to know if i should write a letter before Zoning sends out the letters and puts up a flyers. BTW i will have an attorney representing me and my daycare in the hearing.
Reply With Quote
  #6  
Old 07-17-2015, 07:35 AM
AuntTami's Avatar
AuntTami AuntTami is offline
Daycare.com Member
 
Join Date: Oct 2014
Location: Wisconsin
Posts: 888
Default

But wouldn't her childcare be ran from inside her town home? Or are they meaning it's not ok because people still come and go from her home?
Reply With Quote
  #7  
Old 07-17-2015, 07:47 AM
DaveA's Avatar
DaveA DaveA is offline
Daycare.com Member and Bladesmith
 
Join Date: Jul 2014
Location: Illinois
Posts: 4,204
Default

Quote:
Originally Posted by AuntTami View Post
Or are they meaning it's not ok because people still come and go from her home?
That will be their argument. What VA law is & how the covenants are written will determine if they have a case or not. Unless a case of common sense breaks out, which I'm never optimistic about.
Reply With Quote
  #8  
Old 07-17-2015, 08:30 AM
Unregistered
Guest
 
Posts: n/a
Default

Our HOA doesn't allow any home businesses either. You can't even technically do things like sell avon or create logos for webpages. If you are considered a business in any way then its against policy. In your case.. parents picking up and dropping off children would also constitute a HOA violation as they are on HOA property (common roads, sidewalks ect) as a result of your business.
Reply With Quote
  #9  
Old 07-17-2015, 08:42 AM
daycare's Avatar
daycare daycare is offline
Advanced Daycare.com Moderator
 
Join Date: Feb 2011
Location: Mars
Posts: 16,021
Default

In CA you fair housing protects home daycare to be conducted in any kind of residential home as long as licensing approves it. meaning you can't have a large DC with 14 kids if you live in a small 2 bedroom apt. with only one exit.


If I were you, I would go to your states fair housing and see what it states there.

Best of Luck. and Keep your head up.
Reply With Quote
  #10  
Old 07-17-2015, 11:11 AM
LysesKids's Avatar
LysesKids LysesKids is offline
Daycare.com Member
 
Join Date: May 2014
Location: Tennessee
Posts: 2,846
Default

MD is the same; legal to do childcare out of your home... unfortunately you have to fight some HOAs to make them see they can't override state rules. I live on a rental lot, but own my home here in TN - the community is similar to an HOA, but they have no problem with me or my childcare - they knew what I was doing for my business/work before the house was set in here
Reply With Quote
  #11  
Old 11-12-2018, 08:47 AM
Unregistered
Guest
 
Posts: n/a
Default Same situation

Quote:
Originally Posted by Unregistered View Post
I'm running my home daycare in my townhouse for the last year or so. the daycare is VA state licensed and has capacity of 5 children at any given time. I have applied for special zoning permit to have the max of 12 children at any given time. However before opening my home daycare i looked over my HOA "articles of incorporation, by-laws, parking and traffic regulation, architectural guidelines,and declaration of covenants conditions and restrictions. the only part that mentions anything about business states the following " No portion of a lot created by this instrument shall be used for any professional, industrial, mining or commercial activities except as can be and are in fact conducted from a townhouse residence. Since my home daycare is conducted inside my home and has no negative effect on the surrounding home, I fully believed i was in my right to run my home daycare. However I contacted my HOA because zoning recommend it. i immediately was told that i could not run any business. nothing sates that i can not run a business inside my home. Could some please give me so advise? should a write a letter to the hoa? am i withing my right to run my daycare?
Hi Could you please share the out come of your case. I also applied for zoning permit in VA but my HOA is not allowing a day care. I am going to have a hearing most likely. Could you also share the attorney's contact info if that helped you. Thanks!
Reply With Quote
Reply

Tags
2015, hoa, zoning, zoning board

Thread Tools
Display Modes

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -7. The time now is 02:18 AM.



Daycare.com         Find A Daycare         List Your Daycare         Toys & Products                 About Us

Daycare.com
Please read our Disclaimer before continuing.

Topics pertain mainly to the following States:

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming