Hello all,

I live in Raleigh NC. I'm in the process of trying to get licensed for my in-home daycare. Before I reached out to my HOA, I read the bylaws handbook as well as the covenant, conditions and restrictions handbook. Within the handbook it states I can run a business in my home. It doesn't say i can't run a daycare business. It also states the business must comply with the law and not be illegal which my business will be legal because I'm getting licensed through the state of NC.

So i reached out to my HOA stating all the facts and how I will be abiding by the law and within the guidelines of the handbook. They kept emailing me back every time with different excuses why I can't have the business. so once I came back with all my facts their last comment was the children will be to loud if they go outside and we don't want you disturbing the neighbors. In NC an in-home daycare is only allowed 5 children in the home. You mean to tell me if i was a mother of 5 children I couldn't let my children outside because of neighbors? Also I have in writing from other people where this same company is emailing the residents telling them kids shouldn't be playing in the st. they are not running a playground.

Who says that about children. Do i have any rights? can I fight them on this? this is so wrong and unacceptable.

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These are the reasons I have always refused to live anywhere with an HOA. I figure if I am paying for my home, I get to say what happens in it. I don't have any real advice, but good luck.

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I don't have much information or experience about HOAs

I just thought you were saying "inhumane" instead of "in home" and I got supper concerned Glad thats not the case.

I think a lawyer might be a good idea.

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Where?

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....so it made you hungry?




.....I saw that too and wondered.
Then realized it was a typo but I didn't edit it because I was on my phone and didn't have time.

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Is there someone with more power you can go to? Did you talk with all your neighbors to see if they were okay with it? If it's the neighbors who are fighting it, I can't see that they'd make it easy on you, even if it all did work out for you. Is there any chance you could rent a small space somewhere?
I'm sorry I'm not more help but I do not have much of a way with words. Usually I come here to ask for help.

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Before you rent a small space, make sure you don't have to live in the home daycare. Every state has different rules.

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I do not understand one thing: why people who have bought a house in the area that doesn't allow to run of any business at home, start looking for a million excuses and loopholes to start such a business?

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That's what the OP said. The HOA bylaws say that it's fine. I think the downside to that is that the HOA bylaws can be changed by the board and there's probably nothing you can do about it.

Personally, I hate HOA's. I rented in an HOA community once. They cited me for "refusing to park in the garage." I had to appeal because our vehicle was too tall. (It was clearly too tall, not just a little too tall) They forced me to submit to a garage inspection that required me to take an hour off work while 2 people measured my garage and vehicles. We were then granted permission to park in the driveway. No more HOAs for me.

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Try Tom Copeland. He may find you a loop hole in the by laws and can help write the letter.

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LOL! sorry everyone. I was typing from my phone (Darn auto correct) and it kept changing inhome to inhume. LOL

I hate HOA!!!! I think I will end up getting a lawyer. A lot of people have said I have a case and the news people have reached out as well. Right now I'm going to get everything in writing and maybe if I go in person and talk to them and show them I have a case, they might back down (because who really wants to deal with court or have your company blasted by the news. lol

I will let you all know the outcome. Thanks All!!!!

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More threads about HOAs..

Maybe one has some tips or ideas for you..

https://www.daycare.com/forum/search...archid=3717571

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I live in a gated community & I was told that I can have the business in my home, but cannot use the common areas, ie. the park, pool, bbq area, etc. This situation came up because someone told that I was taking my daycare kids to the park in our community (that no one uses during the day). It's your home & they can't tell you what you can do inside of it!

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Depending on the HOA policies, there's a chance they actually can, even though it stinks.

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Well according to my lot rental lease, only one family can own the home, but no where does it state that I can't run a business (childcare), however I was just told by new management that no Small business can be run out of any homes in the park ... that will affect at least 40 of 200+ homes and all of us have different rental leases for the lots (we all own our mobile homes)... we were also told no more swimming pools or swing sets on the lots, yet some of us are grandfathered; can the change the rules without our signatures? BTW, the moved my home in here knowing what I do for a living

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I happen to live in a good HOA community. For those who said they wouldn't, mostly you have no choice here. It seems like if you have a house you have an HOA and if you have a condo you have a condo association and I've heard horror stories about them.

Okay, now did I have a point?

Here we helped many providers because my state, Florida, has a STATE law that allows in home daycares. Actually my HOA says no in home businesses (although tons of people sneek and nobody cares) but the HOA's are trumped by state law. So you should check and see if you have any state laws that might allow this. Sometimes you have to search around for this law. One of our providers actually had to educate our city attorney about this law.

Also check with licensing. They might have some information you could use. Maybe there is or was another provider in your neighborhood so that would set a precedent.

Laurel

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lol Everything makes me hungry

OP - just teasing My posts are obviously full of typos too

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Glad you have a sense of humor!

Mine are usually full of typos too (especially on my cell or my tablet) because my brain works faster than my fingers so thank goodness for those little red lines that show up telling you a word is spelled wrong or my replies would all look like a Kindergartener sounding out words .......

I still got the message though and thought the same thing you did and wondered what in the world is inhumane about HOA's....

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All the rules that nobody understands. How do we know it doesn't say in there you can't use your grill outside? THAT would be inhumane!

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Since the covenant doesn't restrict businesses, I think you should fight this. Ask them to cite you anything in their handbook that prevents you from operating. They can't say 5 children would create too much noise before you've started caring for them.

I'd suggest going to your local media and asking them to write about this. Get your neighbors to sign a letter saying they support your right to care for children. Tell them you will sue if they refuse to allow you to operate.

I've written an article about this: http://www.tomcopelandblog.com/2013/...e-tenants.html

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Definitely argue that point.

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