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My HOA sent out a survey to all residents to see if the neighborhood wanted to pursue shutting down daycares or regulating them (I guess beyond what the state does). This was not the case when I first moved in and I am currently abiding by the restrictions and not cool with a random person coming in to "regulate" and they have no idea what to look for or what the rules are. I might have to go to the next meeting and raise some hell
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Check with your local licensing. The HOA may not have the authority to do this. -
I'm not licensed and am not required to be so I don't even know who to call. Previously, licensed daycares were not allowed but one opened up. The HOA took her to court and lost. I guess they want to know if residents care enough to use the due money for an appeals process. They also want to know if they allow daycares (meaning licensed and unlicensed), should they start regulating them. I have to go to the meeting. If the state doesn't regulate me and my four kids, what authority would an HOA have??!Comment
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This is why I don't like HOAs. It's nice to have a neighborhood association, but not one that wants to regulate what you do under your own roof.
Go to your next meeting and see who the troublemakers are. Maybe you can make them some muffins covered with honey before having to resort to vinegar pie.
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Its so annoying because we picked this neighborhood for several reasons, one being that unlicensed (but legal) daycares were not forbidden. Licensed ones are but that was fine with me because I don't want to take that many kids anyway. The six or seven I run now are more than enough. Now they want to extend the rules to unlicensed but if they were to somehow shut me down, we literally could not pay our bills!Comment
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Cheer,
Look at these websites:
It may help. I know here they cannot legally do much of anything...
I don't let them in, I don't have to.
All bark, no bite.
- Unless otherwise stated, all my posts are personal opinion and worth what you paid for them.
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I really hate that kind of bullying.
I don't think they're even allowed to do that. They can tell you what they'd like you to do, but they can also want in one hand and spit in the other and see which one fills up first.
Our neighborhood just has covenants. We don't have an HOA. Somebody that moved in 2 years ago tried to revive our HOA and he pretty much got laughed back to his own yard. When I first moved here it was mostly older people. We were the second to last people to buy plots and build on this street. It wasn't even paved! About 5 years after we moved in, most of the older neighbors had moved down to the lower 48 for the warmer climate, and younger people with growing families moved it. We've had ZERO problems since then, except we've got one old salty neighbor at the end of the cul de sac.
Our covenants just say you can't have a storefront, can't have a parking lot, can't impact traffic by having people park in the street, and can't have signage over a certain size. This doesn't affect us. We don't have any of that stuff going on here. We do, however, have a small hobby farm in the back of our property. There is another neighbor down the street that has one, too, and while we are well within compliance, the one old salty dog went around and asked all the neighbors to sign a petition to have us remove our chickens and rabbits because they could have poultry diseases. This is the same neighbor who lets his large dog run loose and has been advised that if I lose a chicken, he gets the dog back in a Hefty bag. The neighbors told this dude to **** an egg, and I hope your neighbors do the same. I would NEVER sign a petition against a neighbor of mine making any kind of effort to support their family.
And if they're worried about their property values, let me tell you, there are plenty of other things people in this country should be concerned about right now, and one of them is families supporting themselves and not begging government funds for every little thing. They just better be glad you are able to make it.Comment
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HOA's are evil....
....But unfortunatly, they have a great deal of power. If the op signed and HOA agreement, there is little she can do...I live in a militant HOA...they actually will measure how deep your lawn is...no pickup trucks allowed, unless in a garage. They will FINE me if my outside light is out. Its insane. HOA's often trump county/city code enforcement.Comment
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....But unfortunatly, they have a great deal of power. If the op signed and HOA agreement, there is little she can do...I live in a militant HOA...they actually will measure how deep your lawn is...no pickup trucks allowed, unless in a garage. They will FINE me if my outside light is out. Its insane. HOA's often trump county/city code enforcement.Comment
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We have lived here a year and never had any issues and never heard of anyone else having issues (as far as actually enforcing anything) but the daycare thing was huge because the story got picked up by the local paper and news stations and now the HOA is sort of having to make a firm decision.Comment
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HOA has authority above the state. By signing the deed restrictions you are signing over your rights.
We have an HOA. Deed restrictions state you may not use your home as a business. They tried to shut me down about 3 years ago but I made it clear I was just interested in staying small and would go to court to stay open. Whoever was complaining was satisfied with a statement I gave the HOA.
Now that I want to expand to the Type A Home (up to 12 kids) we are looking for a new place to live.
Can you get me any more information on this case? It is hard to believe the HOA lost the case. Lawyers here told me it would be a slam dunk for the HOA to shut me down.Comment
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Can you get me any more information on this case? It is hard to believe the HOA lost the case. Lawyers here told me it would be a slam dunk for the HOA to shut me down.[/QUOTE]
It depends on the state. In California the law say that running a licensed family daycare is normal residential use. Therefore it is illigal for ay one including lad lords and HOA's to prevent someone form running one. The law also say that A land lord can not put restriction in part or in whole on the running of a day car. I know all this because I had to research it and even had to get a lawyer involved because by land lord after signing a paper acknowledging that I was going to become a licensed day care, tried to say I no longer give you permission to do so. I reminded him that the letter he signed says that I do not need his permission. My understanding is that California is one of the few states that has a law like this.Comment
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It is the same here.
Mine tried as well in 1998, by writing words on a piece of paper and mailing it, but it was not enforceable.
I just had my lawyer type up a few more words on paper and mail it, signature required, and it all went away. $35 out of pocket spent.
- Unless otherwise stated, all my posts are personal opinion and worth what you paid for them.Comment
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