It’s not uncommon for an association to discover that a day care is operating out of a home. Often, problems arise when neighboring residents complain of noise, excess traffic, or other disruptions. Whether the day care owner discloses their business or its existence is made known to the board by other residents, certain steps should be taken to ensure that it is being properly and reasonably regulated within your HOA.
What Constitutes a Day Care?
Each state will have its own definition of what constitutes an in-home day care. For example, in Texas a registered child care home is generally defined as one that provides care for up to six children under the age of 14 and up to six additional school-age children after school hours, with no more than 12 children allowed in the care home at any time. Check with your state’s health and safety or administrative codes to determine whether the day care in question falls under the definition.
Even if the governing documents for your HOA prohibit the operation of in-home day cares in the community, the state’s courts may directly or indirectly favor them and, as is often the case, they may rule to allow them to operate. Again, each state is entitled to its own legislature, so allowance will vary.
Day Care Regulation
If either your HOA or state’s governing laws allow for a day care in your community, you can ensure that they are subject to reasonable regulations, which may include the following:
- Licensing and Compliance. The home day care in operation must obtain and renew as needed the proper state and/or city business licensing, and comply with the state’s required operating procedures.
- Day care operators must obtain and maintain liability insurance, or provide signed affidavits by each parent with a child enrolled in the day care that states that the parents understand and accept that the day care doesn’t have insurance. Additionally, the HOA association may choose to obtain insurance of its own to cover any potential liability from the day care in event of an accident or other occurrence.
- Abide by Association’s Rules. Because the residence is within the HOA, the day care operation is required to completely with the associations’ rules and regulations, including nuisance ordinances and use of recreational property within the association.
Whether an in-home day care operation is allowable by state or association laws, proper regulation and regular communication between the day care owners, the board, and association members is key to compromise and success. If you are an HOA board member and need further assistance regarding a Day Care in your community or any other HOA management questions, contact Spectrum Association Management today.
