Similar to “family day care homes” and “alcohol or drug abuse recovery or treatment facilities” (i.e., sober living homes), restrictions in an association’s governing documents (i.e,. in its CC&Rs) that prohibit the non-residential uses of properties may not be used to prohibit a “residential care facility” that services six (6) or fewer persons: “For the purposes of any […]| FindHOALaw
(a) It is the intent of the Legislature that family day care homes for children should be situated in normal residential surroundings so as to give children the home environment which is conducive to healthy and safe development. It is the public policy of this state to provide children in a family day care home […]| FindHOALaw
Limitations on a homeowners association's (HOA's) ability to prohibit sober living homes, group homes and rehab facilities within the HOA's development.| FindHOALaw
An association has the general authority to restrict or prohibit the operation of commercial and business activities inside its members’ separate interests (in or upon their respective units or lots). Such restrictions and prohibitions are almost always contained in an association’s governing documents (i.e., in its CC&Rs) from the time the association was originally developed. Those […]| FindHOALaw
An association’s “Declaration of Covenants, Conditions and Restrictions” (“declaration” or “CC&Rs”) is a recorded document setting forth the majority of the powers, rights and responsibilities of the association and its members. CC&Rs generally contain provisions addressing: Assessment obligations of members; Association and member maintenance responsibilities; Architectural control powers; Association enforcement authority; Dispute resolution; Insurance requirements; and Prop...| FindHOALaw
