Effective Date: September 14th, 2020
Key points:
Operation Rights: Homeowners are allowed to operate licensed family child care homes, notwithstanding any contrary provisions in the community's governing documents.
Community Regulations: While HOAs cannot prohibit such operations, they may enforce regulations related to architectural control, parking, landscaping, noise, and similar matters. However, they must make reasonable accommodations for fencing requirements associated with child care homes.
Insurance Requirements: HOAs can require operators of family child care homes to carry liability insurance at reasonable levels determined by the association's executive board. The association must be named as an additional insured on this policy.
Exemptions: The act does not apply to communities that qualify as housing for older persons under federal law.
This legislation aims to balance the rights of homeowners to operate child care businesses with the interests of HOAs in maintaining community standards.
