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Old 08-27-2019, 08:25 PM
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Default HOA Asking Me to Close My Family Home Daycare

Hi I am running a licensed home daycare in North Carolina for 2 years now. I am licensed to keep 8 kids at a time.I got notice from the HOA asking me to stop my daycare because neighbors complained about traffic. I have stopped the traffic in my lane and now 3 cars are coming every day. I have checked my covenant which states:—-Any business, trade, or similar activity, except that an Owner or occupant residing in a Unit may conduct business activities within the Unit so long as: (i) the existence or operation of the business activity is not apparent or detectable by sight, sound, or smell from outside the Unit; (ii) the business activity conforms to all zoning requirements (iii) the business activity does not involve door-to-door solicitation (iv) the business activity does not, in the Board's reasonable judgment, generate a level of vehicular or pedestrian traffic or a number of vehicles being parked which is noticeably greater than that which is typical of Units in which no business activity is being conducted; and (v) the business activity is consistent with the residential character and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents as may be determined in the sole discretion of the Board.

My question is if I control the traffic like now when only 2-3 cars come , park in my driveway only for 2 minutes to drop off and pick up. If I continue like this ,does my HOA has the power to stop my business? Any input will be helpful. Thanks !!
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Old 08-28-2019, 06:54 AM
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(iv) the business activity does not, in the Board's reasonable judgment, generate a level of vehicular or pedestrian traffic or a number of vehicles being parked which is noticeably greater than that which is typical of Units in which no business activity is being conducted;
My take is that unless all other units in your HOA have 2-3 cars coming daily (for both drop off and pick up) even if only for 5 minutes, the HOA can probably stop you.

The portion I quoted above says as much.

HOA's usually have the power to stop you.
I would check with licensing and see if your state has protections for daycare providers in HOA's.

If not, what they say goes and you may have to find an alternate method for parents to get their kids to you (an off site drop off/pick up site) or you may have to stop operating.
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Old 08-28-2019, 07:08 AM
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I only had to show a "reasonable" effort. Adding "one drop-off and one pick-up, per family, per day" and "Do not block or obstruct any driveway." to my contract ended the discussion.

I also went to the monthly meeting in person with my attorney.

It is also good practice to make sure your clients are not being obnoxious in any way. Speeding, dropping trash, loud radios, following too close, not giving way to kids/pedestrians/pets, etc. Something had to have started the complaints.
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Old 08-28-2019, 07:58 AM
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Thank you so much for the input. As suggested, since I am keeping only 4 kids now instead of 8 and if I pick them up and drop them off at an arranged site....there is a community parking spot right outside my lane. Then my HOA will not be able to stop my business. Am I right? Or they can still stop it even though I fix the traffic problem.
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Old 08-28-2019, 11:15 AM
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Originally Posted by Maman_sub View Post
Thank you so much for the input. As suggested, since I am keeping only 4 kids now instead of 8 and if I pick them up and drop them off at an arranged site....there is a community parking spot right outside my lane. Then my HOA will not be able to stop my business. Am I right? Or they can still stop it even though I fix the traffic problem.
I live in a HOA community. I would write them and tell them of your changes to abide by the HOA rules and leave it at that. Usually they are contacting you because of a neighbor’s complaint. As long as you are adjusting to their concerns you should be ok. Rarely do they ever go the court route.
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Old 08-28-2019, 01:20 PM
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I live in a HOA community. I would write them and tell them of your changes to abide by the HOA rules and leave it at that. Usually they are contacting you because of a neighbor’s complaint. As long as you are adjusting to their concerns you should be ok. Rarely do they ever go the court route.
Yeah that.

also, you've been doing it for 2 years already without issue...is this a new neighbor?
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Old 08-28-2019, 03:19 PM
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No she is not a new neighbor...when I first started this business from then only she had problem with it. Initially she told all my neighbors that the HOA does not allow any kind of business at all in our community and I am doing it illegally. But then I proved her wrong showing our covenant and my license. Then she changed it to traffic issue. At first She was only complaining and nothing was happening.Then she slowly convinced couple of other neighbors and they did it together and that’s when the HOA send us a letter. So it was a slow gradual process which happened.
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