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6) Space and Equipment Requirements. - There shall be no less than 25 square feet of indoor space for each child for which a child care center is licensed, exclusive of closets, passageways, kitchens, and bathrooms, and this floor space shall provide during rest periods 200 cubic feet of airspace per child for which the center is licensed. There shall be adequate outdoor play area for each child under rules adopted by the Commission which shall be related to the size of center and the availability and location of outside land area. In no event shall the minimum required exceed 75 square feet per child. The outdoor area shall be protected to assure the safety of the children receiving child care by an adequate fence or other protection.
The regs call for 25 sqft indoors and 75 sqft outdoors. That tiny house might meet the regulations with a fence.
I lived next door to a home day care for a year on ~0.3 acre lots and it wasn't too bad. Suppose a person who already lived there started a day care. Would the HOA make her/him stop? How about if it discovered another home business?
Except that the space can't be used for anything else (don't count kitchen, hallways, closets, bathrooms, offices, no big or hard furniture in the area to be used; needs to be heated, with access to sunlight, etc...). You have the read the whole reg - it's not nearly so forgiving, and quickly removes a LOT of space, and that's 25 and 75 per child. When you're starting with 900 sq.ft.m you are really going to be pushing it to allocate 125 sq. ft. to a daycare.
And distasteful or no - with Rules and Regs written as stated earlier, yes - not only would the HOA have the option to step in and prevent it, it kind of HAS to or it has to choose to forfeit exercising that option against ANY business. ever again.
Not weighing in on either side, just repeating what our legal counsel told us (you have to enforce uniformly, or not enforce a specific rule at all). Of course - my case wasn't in NC, so you'd want to verify that still stands here.
Kids outside screaming on and off all day? NO THANKS, not in my neighborhood.
This is the reason I don't mind my HOA, it would never be posible here.
People have children of course in my neighborhood but no one has that many kids in one place. When they get together and play, its usualy away from my house.
No one in your neighborhood has 5 or more kids???
What is the status of businesses now, with the HOA-has your board approved other businesses, or would this be the first?
As someone who served on a HOA board for a decade-if you guys have not approved other businesses, I would not start now. If you have, I would probably approve it.
What do your state laws say? Where I still live (CT) liscensed home daycares are allowed to operate regardless of HOA regulation-this is to allow access to daycare, which tends to be in short supply.
Given the size of the home and the lot, I would have to say 'no' too, NRG -- just too small of a space for a maximum of 5 children. What ages are we talking about, anyway? Five infants would be largely indoors, but five five-year-olds might be a bit much.
I like children quite a bit, but I don't think an 1000 sf home and and a small lot are conducive to having that type of business in a neighborhood, and like you pointed out, if you allow this, what next? And how do you handle 5 children becoming 6, 7, or 8?
I'd want to know if she is licensed by the State. A child care facility, run in a home, is limited to no more than 5 children, but there are also guidelines I'd think in terms of size of the homes, the rooms used for the children, and I know there are guidelines for outdoor areas. I'd ask her to provide specifics for the HOA, references from parents of children she has kept, and see if you can't find the State guidelines online, or call them to send you the guidelines. That's not out-of-line on the part of the HOA. You know, not only may you be protecting the neighborhood, but her as well -- if the property is really not conducive to such a business.
Thanks for the comments everybody. My HOA is getting feedback from the residents of our small neighborhood and we plan to meet in the next few days to decide if we will change our rules & regulations.
I am on the HOA of my N. Raleigh Neighborhood. The property management company emailed the HOA Board of directors today concerning an inquiry from a potential buyer of a home listed for sale today in my neighborhood. Here is the gist of the email from our property manager:
"I just got a call from a prospective buyer of 1234 Elm Street. Your R & R's state under Rule#12...."no part of the property shall be used for business, manufacturing, commercial, or professional purposes". The Covenants state that use of any home is up to the HOA Board of Directors, and as discussed previously, the Board can edit the Rules. The potential buyer, Mrs. Smith, would like to know if she would be allowed to run a child care business with no more than 5 children out of the residence. She said that there would not be a lot of traffic. "
Ok, let me just first say that I am not for overbearing HOAs, but I am not at all hip to this idea of this house being used to run a day care. The house in question is a 2 bedroom 935 sq/ft ranch on a.08 acre lot. Aside from being located in a neighborhood, IMO a place of that size has no business being used as a daycare that takes care 5 children + at least 1 adult care giver.
Here is the real kicker...the house in question is next-door to my house and there is no structure or mature landscaping currently separating our two small backyards. I love kids, I really do, but I'm not so sure I want to see 5 kids running around during "outdoor time" a mere 35 feet away from my patio with nothing between us besides two small recently planted juniper trees!
Has anybody been in a situation like this before? I am on the HOA board and have a vote in whether we allow this or not, and I do feel a bit guilty about ending somebody’s dream to own that home, but I think a home based business like this in our little neighborhood is just a real bad fit. I am also concerned that by altering our rules and regulations we may open the door for other people to start running other types of businesses out of their home.
Any thoughts on a situation like this? I am leaning towards saying No. We need to vote by tomorrow! I am curious how you would readct if you were in my shoes.
I am on the HOA of my N. Raleigh Neighborhood. The property management company emailed the HOA Board of directors today concerning an inquiry from a potential buyer of a home listed for sale today in my neighborhood. Here is the gist of the email from our property manager:
"I just got a call from a prospective buyer of 1234 Elm Street. Your R & R's state under Rule#12...."no part of the property shall be used for business, manufacturing, commercial, or professional purposes". The Covenants state that use of any home is up to the HOA Board of Directors, and as discussed previously, the Board can edit the Rules. The potential buyer, Mrs. Smith, would like to know if she would be allowed to run a child care business with no more than 5 children out of the residence. She said that there would not be a lot of traffic. "
Ok, let me just first say that I am not for overbearing HOAs, but I am not at all hip to this idea of this house being used to run a day care. The house in question is a 2 bedroom 935 sq/ft ranch on a.08 acre lot. Aside from being located in a neighborhood, IMO a place of that size has no business being used as a daycare that takes care 5 children + at least 1 adult care giver.
Here is the real kicker...the house in question is next-door to my house and there is no structure or mature landscaping currently separating our two small backyards. I love kids, I really do, but I'm not so sure I want to see 5 kids running around during "outdoor time" a mere 35 feet away from my patio with nothing between us besides two small recently planted juniper trees!
Has anybody been in a situation like this before? I am on the HOA board and have a vote in whether we allow this or not, and I do feel a bit guilty about ending somebody’s dream to own that home, but I think a home based business like this in our little neighborhood is just a real bad fit. I am also concerned that by altering our rules and regulations we may open the door for other people to start running other types of businesses out of their home.
Any thoughts on a situation like this? I am leaning towards saying No. We need to vote by tomorrow! I am curious how you would readct if you were in my shoes.
Thanks for the feedback!
I wouldn't be happy . If I buy a house in a residential area I don't expect a business to open up next door regardless of whether it was only 5 kids or whatever . What would it be like if it were a doggie daycare with just 5 dogs ??
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