HOAleader.com - Tip of the Week - August 15, 2014
Published: Fri, 08/15/14
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Is a Home-Based Day Care Center a Banned Home-Based Business? Maybe?
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Do you know whether your state permits your HOA to ban home-based day care
centers? In this week's tip, we discuss that very question.
In many areas, zoning rules prohibit businesses from operating out of
residential homes. But in California, that's not the case with child-care
centers. Despite what governing documents or local laws on home businesses
may be, the state's health and safety code protects home-based child-care
centers from being banned or restricted in single-family homes.
That doesn't, however, mean the issue doesn't create problems in
California HOAs. "Many governing documents prohibit businesses," says
Andrew Schlegel, CCAM(r), executive vice president of community management
for Orange County and Los Angeles at FirstService Residential in Aliso
Viejo, Calif. "But home-based child-care centers are a squishy area for
HOAs in California."
In Michigan state courts indirectly favor home-based day care centers.
"Michigan doesn't have HOA statutes like some jurisdictions do," reports
Nathaniel Abbate Jr., a partner at Makower Abbate & Associates PLLC in
Farmington Hills, Mich., who represents associations. "All is common-law
driven by case decisions, and there are a few cases concerning day care
operations.
"Essentially, the courts favor day cares," explains Abbate. "There's a
strong public policy in fostering them, so restrictions in condo documents
or subdivisions are strictly construed by courts to avoid a prohibition
when possible. There's a lot of sympathy for them, and a strong lobby. They
have quite a bit of clout."
In Florida, however, associations can and do ban home-based day care
centers. "In most associations, we're always going to look first to the
governing documents, and most say no to business operations," says Brad van
Rooyen, a partner at Home Encounter, a Tampa, Fla., company that manages 15
community associations totaling about 3,000 owners. "But more than the
governing documents, we'll look at what the county or state statutes say.
They're pretty stringent when it comes to running a day care out of your home.
It can be done, but associations aren't going to allow it."
In Florida and Texas, however, associations can and do ban home-based day
care centers. Find out why this matters-what's the problem with a
home-based day care center, anyway? Also get information on how to handle
those problems in our new article:
http://www.hoaleader.com/members/1047.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Five Tips for Hiring an Onsite HOA Custodian
An HOAleader.com reader asks, "Our HOA has an on-site custodian who is an
employee of the association. Presently the custodian lives in the
association one-bedroom apartment with electricity and water included,
plus a monthly check in the amount of $350.
Click here to read full article:
http://www.hoaleader.com/members/Five-Tips-for-Hiring-Onsite-HOA-Custodian.cfm
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What to Do When a Day Care Pops up in Your HOA
In many areas, zoning rules prohibit businesses from operating out of
residential homes. But in California, that's not the case with child-care
centers. Is that true in other states, too? And what does that mean in
practice for HOAs? Here are the ABCs.
Click here to read full article:
http://www.hoaleader.com/members/What-Do-When-Day-Care-Pops-up-in-Your-HOA.cfm
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HOA Owner Killed by Tow Truck: Avoid Problems at Your HOA
In this week's tip, we discuss the tragic case of the Florida HOA owner who was
recently killed while trying to prevent his car from being towed from in
front of his home by the towing company the HOA had hired to regularly patrol the grounds to remove parking violators.
Click here to read full article:
http://www.hoaleader.com/members/HOA-Owner-Killed-by-Tow-Truck-Avoid-Problems-at-Your-HOA.cfm
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Has Your HOA Hired a Towing Company? Be Sure That Vendor Acts Reasonably
It's an awful tragedy--and one you don't want to repeat at your association.
A Florida HOA owner was recently killed while trying to prevent his car from
being towed from in front of his home by the towing company the HOA had hired to
regularly patrol the grounds to remove parking violators. Here we explain
what happened and offer lessons from this very sad case.
Click here to read full article:
http://www.hoaleader.com/members/Has-Your-HOA-Hired-Towing-Company-Be-Sure-That-Vendor-Acts-Reasonably.cfm
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Anger and Apathy at Your HOA: Best Practices to Beat These Bedeviling Issues
Are angry and disruptive owners increasingly taking their toll on you, your
fellow community association board members, and your community? Are you
frustrated by the apathy among your fellow homeowners that's also all too
common? Take a deep breath and start turning those stress-inducing
challenges into worries of the past!
Join us for an in-depth webinar on September 10 led by two professionals
experienced in successfully managing anger and apathy challenges among
HOA owners--a California lawyer and a Florida community manager who've
each represented community associations for more than a decade.
Click here to read full article:
http://www.hoaleader.com/snip/171.htm
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