HOA Opposing My In-Home Daycare

[Rosy]

Hello I just received my VA state licensed for my in-home daycare . A couple days back I also received a letter from my HOA stating that daycares are not allowed within the community and they are threating me of some action that could be taken against me. I thought the state and local zoning ordinances were above the HOA law but I may be wrong. My question is what actions can the HOA take against me if I start enrolling children into my home daycare and what legal resources or help are available to me as a provider.

Thank you!

[happymom]

Hey Rosy,
I don't know the answer but there are a lot of experts here who can help you.

Can you tell us what state you are in?

[Rosy]

Virginia

Hi I am in the state of Virginia.

[Rosy]

Senate bill no. 707

I just did a quick research on the VA state law and found below I guess the HOA cannot legally do anything happyface happyface:


SENATE BILL NO. 707

AMENDMENT IN THE NATURE OF A SUBSTITUTE

(Proposed by the Senate Committee on General Laws and Technology

on January 29, 2018)

(Patron Prior to Substitute--Senator Surovell)
A BILL to amend and reenact § 55-513.2 of the Code of Virginia, relating to the Virginia Property Owners' Association Act; home-based businesses.
Be it enacted by the General Assembly of Virginia:

1. That § 55-513.2 of the Code of Virginia is amended and reenacted as follows:

§ 55-513.2. Home-based businesses permitted; compliance with local ordinances.

A. Except to the extent the declaration provides otherwise, no association shall prohibit any lot owner from operating a home-based business within his personal residence. The association may, however, establish (i) reasonable restrictions as to the time, place, and manner of the operation of a home-based business and (ii) reasonable restrictions as to the size, place, duration, and manner of the placement or display of any signs on the owner's lot related to such home-based business. Any home-based business shall comply with all applicable local ordinances.

B. If a development is located in a locality that (i) licenses home-based child care services pursuant to § 15.2-741 and (ii) classifies home-based child care services as an accessory residential use under the locality's zoning ordinance, then the provision of home-based child care services by a lot owner in his personal residence shall not be deemed a business use for purposes of any declaration, bylaw, or rule but may be prohibited by bylaw or rule that specifically prohibits the operation of a licensed child care services provider in the personal residence of a lot owner to the extent such authority is granted to the board of directors by the declaration.

[Snowmom]

If you are licensed, contact your licensor for help.

When I was looking to buy a home last year, there were several builders who tried telling me their HOAs banned home daycare businesses as well.
I contacted my licensor who told me they were breaking the law by putting restrictions on licensed in-home daycare. We are apparently a protected business... who knew.
My licensor forwarded the legislation so that I could challenge them if I wanted to.

[DaveA]

Anytime something involves an HOA my advise is always contact both licensing and a local attorney. Depending on the jurisdiction HOA's are given huge amounts of latitude on what they can do for some reason.

[Blackcat31]

Anytime something involves an HOA my advise is always contact both licensing and a local attorney. Depending on the jurisdiction HOA's are given huge amounts of latitude on what they can do for some reason.

I would contact an attorney.

The wording posted says:

The association may, however, establish (i) reasonable restrictions as to the time, place, and manner of the operation of a home-based business and (ii) reasonable restrictions as to the size, place, duration, and manner of the placement or display of any signs on the owner's lot related to such home-based business. Any home-based business shall comply with all applicable local ordinances.

Which to mean seems as if they can be restrictive as to the amount of traffic, when additional traffic occurs, playground items etc and generally be a PITA to the business owner.

I'd also be wary of wanting to tick the HOA off as it's my home. I'd hate to feel unwanted in a community I choose to live in. If any neighbor doesn't like it or is unhappy about anything daycare related, I can see this being a huge headache.

I don't know but I'd take Dave's advice and contact an attorney so you know your rights and restrictions before actually opening. Wishing you luck! happyface

Hopefully, your HOA board is supportive and helpful verses opposed to your wanting to open a home daycare!!

[Cat Herder]

Mine opposed me due to "excessive traffic", initially. It never happened, just imagined prior to opening.

Their real fears were me keeping a large group of revolving door, screaming/destructive kids, excessive noise, having an unkempt property filled with strewn toys, roaming/unsupervised kids (school age/pre-teens), with non-stop comings and goings of cars day and night.

I went to a meeting, told them I keep only 6 kids under age 6, prefer sibling groups and limit families to one drop-off, one pick-up per day. I gave them my operating hours of 730-530, shared my handbook, past licensing records, training records, a copy of my rules/regulations and past photos of my program. I explained how I screened my playground fence with tennis court mesh (no climbing/no view), had no signage and maintained my outdoor toy storage, landscaping and cleanup routines so that a passerby would never guess there was childcare in operation here not only for aesthetics but for the safety of the children.

Not one person objected afterward. I have been here 15 years without a problem, now.

[Cat Herder]

I should add that my neighbors have had the great benefit of my being on the priority list for power, phone and internet outages over the years. Nice selling point.

[Rosy]

Would you mind sharing your rules please?

Would you mind sharing your rules please?

Mine opposed me due to "excessive traffic", initially. It never happened, just imagined prior to opening.

Their real fears were me keeping a large group of revolving door, screaming/destructive kids, excessive noise, having an unkempt property filled with strewn toys, roaming/unsupervised kids (school age/pre-teens), with non-stop comings and goings of cars day and night.

I went to a meeting, told them I keep only 6 kids under age 6, prefer sibling groups and limit families to one drop-off, one pick-up per day. I gave them my operating hours of 730-530, shared my handbook, past licensing records, training records, a copy of my rules/regulations and past photos of my program. I explained how I screened my playground fence with tennis court mesh (no climbing/no view), had no signage and maintained my outdoor toy storage, landscaping and cleanup routines so that a passerby would never guess there was childcare in operation here not only for aesthetics but for the safety of the children.

Not one person objected afterward. I have been here 15 years without a problem, now.

[Cat Herder]

Would you mind sharing your rules please?

My State Rules and Regulations? It is online I can PM you the link.

[LittleExplorers]

I know an HOA shut a daycare down near me. I think she could go through an appeal but lost all her families on a days notice.

I have heard of some fighting it by proving others have businesses that aren't shut down like the Facebook only sales type businesses (think Mary Kay etc, I can't think of a recent one.)

Some states don't allow HOAs to exclude, others do. My licensor would not check nor have access to a private HOA contract.

[hwichlaz]

I would contact an attorney.

The wording posted says:

The association may, however, establish (i) reasonable restrictions as to the time, place, and manner of the operation of a home-based business and (ii) reasonable restrictions as to the size, place, duration, and manner of the placement or display of any signs on the owner's lot related to such home-based business. Any home-based business shall comply with all applicable local ordinances.

Which to mean seems as if they can be restrictive as to the amount of traffic, when additional traffic occurs, playground items etc and generally be a PITA to the business owner.

I'd also be wary of wanting to tick the HOA off as it's my home. I'd hate to feel unwanted in a community I choose to live in. If any neighbor doesn't like it or is unhappy about anything daycare related, I can see this being a huge headache.

I don't know but I'd take Dave's advice and contact an attorney so you know your rights and restrictions before actually opening. Wishing you luck! happyface

Hopefully, your HOA board is supportive and helpful verses opposed to your wanting to open a home daycare!!

But then it goes on to say that a home daycare doesn't count as a business.

[Blackcat31]

But then it goes on to say that a home daycare doesn't count as a business.

Where does it say that?

I didn't interpret the second paragraph as saying that at all. I took it as there are specific exceptions and/or rules depending on where the development is located.

I have no idea as I dont live in or near an HOA nor do I know anyone that does so I have no clue.