California -- CCNR's Prohibit Home Business

[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?

[Sumshine]

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! :confused: I thought that was crazy. Spend half a million on a dang house you OWN and you are limited if you do daycare?!

[daycare]

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.

[daycare]

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]

Thank you so much! That is helpful.

[Cat Herder]

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.

[Cat Herder]

Below are the more common/valued rules for Condos, here. It may be completely different in the community where you are.

"1. The existence or operation of the business activity is not apparent or detectable by sight, sound or smell from the exterior of the unit.

2. The business activity does not involve visitation by employees, clients, customers, suppliers or other business invitees who do not reside in the condominium.

3. The business activity does not increase the insurance premium paid by the condominium association or otherwise negatively affect the association's ability to obtain insurance coverage.

4. The business activity does not place an undue burden on the infrastructure of the buildings of the condominium property.

5. The business activity does not result in a materially greater use of the common areas or association services. "

[daycare]

Below are the more common/valued rules for Condos, here. It may be completely different in the community where you are.

"1. The existence or operation of the business activity is not apparent or detectable by sight, sound or smell from the exterior of the unit.

2. The business activity does not involve visitation by employees, clients, customers, suppliers or other business invitees who do not reside in the condominium.

3. The business activity does not increase the insurance premium paid by the condominium association or otherwise negatively affect the association's ability to obtain insurance coverage.

4. The business activity does not place an undue burden on the infrastructure of the buildings of the condominium property.

5. The business activity does not result in a materially greater use of the common areas or association services. "

In CA that does not apply to family childcare even in an apartment condo or HOA. However in an adult community let's say like 55 and older then the answer would be no.

[daycare]

California law requires that family child care be provided in the caregiver’s own home. There is no requirement that the provider own their own home. If you rent or lease your home or apartment and your rental agreement or lease says the apartment or home is to be used only as a residence, family child care is still allowed. The following are selected sections of the Health and Safety Code you may find useful if you are having problems with your landlord.

http://ccld.ca.gov/res/pdf/FamilyChildCareSelfAssessGuideTenantRights.pdf

Got the link to work

[CalCare]

Yes, in CA it is absolutely definitely your right, by law, to run a family Childcare in your home regardless of HOA rules and regardless if you own or rent. I spoke with childcare law when I had a problem with childcare and renting. I was in the right, but their advice was to let it go since I would win a lawsuit but be stuck renting from a landlord that would want me out. Since you will be owning, the HOA will probably be really annoying and even though you will be in the right, who knows what stunts they will pull to try to get you to stop. They'll be watching for any infraction (a potted plant on the patio- not allowed! Parking in the guest parking- 2nd warning! Oh you have a Legitimate problem- not taking care of that any time soon!) You'll face obnoxious HOAs in most condos. Just gotta do your thing!

[daycare]

Yes, in CA it is absolutely definitely your right, by law, to run a family Childcare in your home regardless of HOA rules and regardless if you own or rent. I spoke with childcare law when I had a problem with childcare and renting. I was in the right, but their advice was to let it go since I would win a lawsuit but be stuck renting from a landlord that would want me out. Since you will be owning, the HOA will probably be really annoying and even though you will be in the right, who knows what stunts they will pull to try to get you to stop. They'll be watching for any infraction (a potted plant on the patio- not allowed! Parking in the guest parking- 2nd warning! Oh you have a Legitimate problem- not taking care of that any time soon!) You'll face obnoxious HOAs in most condos. Just gotta do your thing!

I used to live in and HOA a few years back and that some what happened to me. I was able to get them off my back. they were seeking me out and harassing me, they just didn't want me there. I contacted fair housing and they got them off my back.
BUT I wish I didn't have to ever go through that, the stress was unbearable at the time and I would go to bed crying almost every night.

[Snowmom]

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! :confused: 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!

[Cat Herder]

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? :confused:

**Don't get angry, please. I seriously want to understand the other side of this.** :hug:

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. :confused:

Why should *your (broad) rights be more valued than mine in this scenario??

[hwichlaz]

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.

[Sumshine]

Below are the more common/valued rules for Condos, here. It may be completely different in the community where you are.

"1. The existence or operation of the business activity is not apparent or detectable by sight, sound or smell from the exterior of the unit.

2. The business activity does not involve visitation by employees, clients, customers, suppliers or other business invitees who do not reside in the condominium.

3. The business activity does not increase the insurance premium paid by the condominium association or otherwise negatively affect the association's ability to obtain insurance coverage.

4. The business activity does not place an undue burden on the infrastructure of the buildings of the condominium property.

5. The business activity does not result in a materially greater use of the common areas or association services. "

I do see that as a valid point! Never thought of it that way! I could definitely understand where condos and apartments get tricky! I wouldn't want a bunch of people in and out of a secured facility dropping and picking up their kids. I also wouldn't want to hear a daycare right next door or above me ::

Any business really would be annoying to a neighbor in close living quarters IMO.

I am confused about the one neighborhood I talked about above though because they are a "family based" development but then limit daycare providers to 4 kids???