Does Anyone Know the Law in NC about Notifying Landlords and HOA

[shaunacohen1]

I know in California you have to notify HOA or landlord about opening up an inhome daycare but by law they can't say No to you opening up one. Does anyone know if that law is applied here in NC. I've been searching but can't find anything concrete. Thanks in advance for any help or suggestions.

[Michael]

Welcome to the forum. Don't know about NC but here are some threads on HOA: https://www.daycare.com/forum/tags.php?tag=hoa

[snbauser]

I am in NC and came from CA. Unfortunately the same law does not apply here. A landlord or HOA can prevent you from opening a family child care. I know of a provider who even tried to fight her HOA (she opened without permission) and eventually lost in court. It depends on your licensor as to whether they will require it (they are all supposed to), but most will require you to have a letter from your landlord as well as a letter from your HOA (if you have one) before issuing you a license.

[Unregistered]

Re:

Ugh! I kind of figured. I'm fighting them now. I don't want to go to court but may have to. We are allowed a business in our home but they are telling me 5 children will be a nuisance. I was just trying to see if I could do it without going through them.

[Second Home]

Here in MD you need a letter from your HOA and landlord before you can be given a license .

[Unregistered]

Ugh! I kind of figured. I'm fighting them now. I don't want to go to court but may have to. We are allowed a business in our home but they are telling me 5 children will be a nuisance. I was just trying to see if I could do it without going through them.

How long is your lease, and does it say anything specifically about running a business there?

[snbauser]

Ugh! I kind of figured. I'm fighting them now. I don't want to go to court but may have to. We are allowed a business in our home but they are telling me 5 children will be a nuisance. I was just trying to see if I could do it without going through them.

Who specifically is telling you that 5 kids would be a nuisuance - landlord or HOA?

[shaunacohen1]

I don't rent I own. It was the HOA that stated the board said it. And come to find out today the board is a whole bunch of people who work for the builders for my community so technically it's not HOA it's the builders telling me no.

[snbauser]

I don't rent I own. It was the HOA that stated the board said it. And come to find out today the board is a whole bunch of people who work for the builders for my community so technically it's not HOA it's the builders telling me no.

Firstly, if it isn't an official HOA (board, bylaws, covenants, etc), then they have no say in what you do with your home. How many bedrooms is your home? What if you had 5 kids of your own? Would they tell you can can't buy a home there because your kids would be a nuisance? That's absurd. What I did with my HOA was right them a letter that stated how many children I would have, what my plan was as far as traffic (staggered start times and pick up times, cars aren't here for more than 5 or so minutes at a time, etc), and that the children would only be playing outside between 8-5.