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Subject: Problem with Homeowner Running an Adult Boarding House

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DianeA6
(Delaware)

Posts:3

08/27/2008 6:08 PM
Our sub division is a community with 57 single family homes where running a business out of our homes is prohibited. We have a homeowner that moved in about a year and a half ago that is running a state boarding house in the community. The people living in the house, are on probation, have medical problem and are not related to the homeowner. The homeowners who live around them are afraid to have their children play outside because of the problems with the people living in this house, the people making comments and knocking on there door asking for something. The homewowner of this house has been told about the various issues. One neighbor has call a Realtor to get an apprasial on their home and was told that because of the poor upkeep of the problem neighbors property and the people who are living in the house, they can expect to get $50 to $60 thousand less for their property. Four household have talked to the Board of Director, and they stated that nothing can be done about it. My question is what grounds do we have? How can we get the Board to step in an do something? They are dragging down home values, people are afraid of the homes occupants and who knows what issues will arise in the futher. When the issue was brought up to Board member they felt that nothing could be done because you do not need to be related to live in a home.

SusanW1
(Michigan)

Posts:2316

08/27/2008 8:19 PM
The Board is correct; the definition of "family" is really murky in single family homes. There is really nothing you can do about it - and if fact, you don't want to hold a "meeting" to discuss it, lest you get slapped with a Civil Rights law suit. How the house looks is another issue. If there are community violations or codes, bring in the authorities. If there needs to be a clean-up of the yard in order to sell your home, consider what some are calling "neighborhood communities" where neighbors get together and do clean-ups, helping those who need it and improving their neighborhood at the same time.

BrianB
(California)

Posts:1748

08/27/2008 8:56 PM
exactly what do your covenants say about running a business? Are the people being paid to operate the house for the state? Is your board consistent in dealing with violations of the no business rule. Answer those three questions, and you may get more advice.

MikeS1

Posts:0

08/28/2008 2:31 AM
What does your county or city zoning laws say about this? IE - in Northern VA, FFX says that no more than 4 unrelated individuals may reside in the same residence.

DianeA6
(Delaware)

Posts:3

08/28/2008 3:28 AM
When I was president, which was 8 months ago, I checked the county records constantly to make sure no one had a business registered to their home, I'm not sure if the new Board is doing what I did, I have asked that question an have not gotten an answer. However, the homeowner does not have a business registered. They are foster homeowners. Our exact declarant states "No trade, business, commerce, industry, profession or occuppation shall be conducted on any lot." I have not checked the city or county ordinates about how many unrelated persons can live in the same house. I do know that based on the square footage of a home you can have "X" amount of people. We did know that they were sleeping people in the basement with no egress, that was reported and the inspectors were called. Yes, The people are being paid to run this house. They have a mixture of adults and children. They have been reported to the police for smoking pot.

SheliaH
(Indiana)

Posts:92

08/28/2008 4:10 AM
If this owner is running some sort of state boarding house, it would seem to me that there's some government money paying the bills. If that's the case, and you can find out what program's responsible, you may be able to appeal to them. For example, the section 8 program requires homeowner/landlords to keep the houses in good order and the tenants shouldn't be engaging in illegal behavior. If there are problems, you should be able to report it to that office.

BrianB
(California)

Posts:1748

08/28/2008 7:29 AM
if they are being paid to run the home, it is a business. Now, to the next questions: IS your HOA enforcing the no business rule on ALL homes? For example, the person selling Avon, or the guy doing web design from his home office? What about the person babysitting for the neighbors on a routine basis? If you are enforcing the no business rule fairly and impartially across the HOA, then take these people down: the rule is no businesses in the home. if you are not enforcing the rule, you can try to take them down, but good luck in court when they sue you for unfair enforcement, harassment, etc.

MicheleD
(Kentucky)

Posts:1856

08/28/2008 8:52 AM
Posted By BrianB on 08/28/2008 7:29 AM if they are being paid to run the home, it is a business. Now, to the next questions: IS your HOA enforcing the no business rule on ALL homes? For example, the person selling Avon, or the guy doing web design from his home office? What about the person babysitting for the neighbors on a routine basis? If you are enforcing the no business rule fairly and impartially across the HOA, then take these people down: the rule is no businesses in the home. if you are not enforcing the rule, you can try to take them down, but good luck in court when they sue you for unfair enforcement, harassment, etc. Brian, it makes absolutely no difference if the HOA is policing for the Avon rep or the web designer. Nor is babysitting for neighbors on a "routine" basis. That type of argument is a red herring in dealing with home businesses. We have had 3 home businesses try to operate out of our neighborhood in the last year. One was woman running an at-home "day care," which, coincidentally she initially DID try to say was nothing more than babysitting on a "routine" basis. Except that she was listed in a variety of places with a daycare NAME and with a certification from the State. One was a man who was running a lawn care business, complete with backhoes, and deuce-and-a-half trucks. Those ALONE were contrary to the deed restrictions, but he was ordered by a judge to remove his business from the subdivision. The judge gave no weight what-so-ever to the defense above that you mention (what about the avon lady or the graphic designer). The third was a Candy Bouquet franchise that moved from a storefront into the owner's home because she was, as she stated, "going through some rough times." Well, we hate to hear that, but the restrictions are what they are. We are working with her to give her a reasonable amount of time to transfer her inventory to one of her employee's homes (who lives in an area that is zoned for both residential and the type of commercial that her business is), as well as time to change all her marketing materials etc.

SusanW1
(Michigan)

Posts:2316

08/28/2008 9:14 AM
This MAY be a state licensed Group Home or licensed Half-Way House. If there was not an application for zoning change, then it is still considered a "residence."

MicheleD
(Kentucky)

Posts:1856

08/28/2008 11:15 AM
Posted By SusanW1 on 08/28/2008 9:14 AM This MAY be a state licensed Group Home or licensed Half-Way House. If there was not an application for zoning change, then it is still considered a "residence." Agree. And it is possible that a zoning change was not needed. The area may well already be zoned for that sort of thing. That would be an issue separate from the CC&Rs.

BrianB
(California)

Posts:1748

08/28/2008 1:56 PM
Michele, i am not sure if you are agreeing with me or disagreeing with me. My arguement is that if an HOA enforces its rules on one homeowner, but not on another, they might find life difficult when defending that decision in court. If they allow one business to occur, but force another business out, that action can be used against them in a court case. My arguement is that the HOA better get their ducks in a row, and enforce the rule equally and fairly, and not make a dozen exceptions here and there because they like one owner, and not another.

MicheleD
(Kentucky)

Posts:1856

08/28/2008 4:05 PM
Brian, I am disagreeing with you. It's a pet peeve of yours, I'm sure, however, in reality it's a red herring argument and the Avon ladies and webmasters are not affected and/or impacted by the covenant in question. Consistent and fair and reasonable enforcement of the CC&Rs is important, however, in reality, Avon ladies and web designers don't pass the smell test and a board needn't worry about searching all homes for "evidence" that someone may or may not be harboring a clandestine "business" of some kind. Just as there's at least one person on here who really wants any covenant that addresses no "animals" wants it to include children, well, the courts just don't see it that way.

BrianB
(California)

Posts:1748

08/28/2008 5:17 PM
gotcha... we both agree that boards should be consistent, we disagree a bit on where they should draw the line in the sand on what they need to be consistent on. Opinions are what makes horse races...

KirkW1
(Texas)

Posts:1190

08/28/2008 7:54 PM
I would start with a conversation with your attorney. The cost would be well worth it if it prevents undue legal trouble. Blanket bans against a business may not pass legal muster because they would require an invasion of privacy to enforce against all people. But just because such has fallen in one jurisdiction doesn't mean that another won't uphold them. A huge issue is that single family doesn't mean what many people assume it means. It does not mean mom, dad, and kids. It means a certain number of people who may or may not be related. The best advice is to ask your government officials for the legal definition.

SusanW1
(Michigan)

Posts:2316

08/29/2008 5:56 AM
We have an Adult Group home in our subdivision. When they first wanted to place these 6 profoundly disabled adults in this home, everyone went nuts. They even went so far as to call a "meeting." I quickly notified the Board that to hold a meeting to discuss how to prevent someone from living in your subdivision is ILLEGAL because if violates their Civil Rights. You cannot discriminate against people because of race, color, creed . . . etc. etc. It really would have put the HOA in a sensitive position - like having a class action lawsuit filed against it! It still is not clear WHAT this home is and to call it a "boarding house" may not be accurate. I suggest that more research is needed. HOW the home looks is a whole other matter and COULD be discussed at a meeting, if there are violations.

MaryA1
(Arizona)

Posts:2486

08/29/2008 6:36 AM
DianeA, If this an Adult Group Home there most likely are state and Fed laws which apply. It may not be a matter of whether or not to enforce the "no business" rule. You may not, by law, be allowed to disallow this type of housing in your community. I would suggest having a talk with the homeowner and asking exactly what type home she is running. Tell the homeowner there have been complaints from several neighbors and the BOD does not want to issue any violation notices until they know for sure a particular restriction has been violated. I think the board has the right to ask these questions of the homeowner and, frankly, it's the only way the board is going to know exactly what they are dealing with.

DianeA6
(Delaware)

Posts:3

08/29/2008 6:42 AM
Thank you for all your thoughts and suggestions. I will do more research with the county and state to find out how this house is look at throught there eyes.

EllenS1
(Florida)

Posts:400

08/29/2008 7:27 AM
The first step, check to see if the business is licensed and if not, notify the appropriate agency.

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