Problem with Homeowner Running an Adult Boarding House

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.

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.

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.

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.

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.

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.

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.

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.

The first step, check to see if the business is licensed and if not, notify the appropriate agency.