Must an association allow a homeowner to operate a day care center out of their home if the CC&Rs prohibit this use of the property?
Yes, day care centers must be allowed, at least those with 14 or fewer children. The California Health and Safety Code provides that every association restriction “which restricts or prohibits … the acquisition, use, or occupancy” of property “for a family day care home for children is void.” The statute applies to day care facilities of up to 14 children found in any single-family residence, whether condominium, townhome or detached home. Although current law forbids associations from prohibiting the existence of day care centers, associations may sue for nuisance based upon the problems caused by the conduct of the facility. Under a nuisance cause of action a court can restrict the operations of a day care center if it determines that the center disturbs a homeowner’s quiet enjoyment of his or her property, among other things.
