Homeowner Association Issues

[ellen1976]

North Carolina

We bought a house in an HOA neighborhood recently without receiving or looking at the restrictive convenants before we closed on the property. Per the convenants "all lots shall be used for residential purposes only and no business activities shall be carried in, on or upon the lot except with the written approval from the board.... However, the board may permit the lot to be used for business purposes so long as such business in the sole discretion of the board does not otherwise violate the bylaws and does not create a disturbance or unduly increase of traffic"

Problem: I make my living by taking care of adults (mostly elderly) in my home, who for one reason or the other cannot live by themselves and need supervision. The best way to describe what I do is similar to a foster care home but for adults. I do receive a stipend for them from the state but it goes towards their care. My home is big enough for 6 residents. I have applied and received zoning from the city and my home and myself will be licensed by the state before I can take in any residents.

My question is, if I submit an application to run my residential business from my home and the board did not approve my application, do I have a discrimination (ADA) claim? I mean, I cannot see any reason why they will not approve it since the residents don't drive, they mostly stay home, they just want to live their lives just like anyone would. The reason why I am worried they will not approve is that, they have gone through the hassle to change the laws for that subdivision where one cannot rent out their home until it has been on the market for an entire year without any buyers, then one can rent it out but only for a year. The reason being is that they do not want to lower the value of their neighborhood.

My solution to the problem is open up the home without telling them and see what they will say (if anything). My next question is, if I get fined for blatantly violating the HOA rules and I keep paying the fines without closing my home, what can the board do? Can I be thrown out of my home? I am willing to fight this ALL THE WAY, but I just want to know what I am against. Please HELP!!What is the name of your state?

 

[FarmerJ]

If this unit meets your states foster care licensing criteria then I would suggest you have a atty carefully review the HOA rules and If nothing in them bars the property from being used as a adult foster care home then go for it. Adult foster care homes even if fully staffed by people who work shifts are still being used as residences first. Your living in the unit makes it even less of a business. Your going to have some nieghbors who are going to have a hissy fit. This happened at one of the homes the company I work for had opened. But as long as the home is used as intended wich is first a residental structure Your nieghbors will have to get over it , It will not be a rooming house or rented as a absentee owned unit so the only thing I would guess that could be a problem is if the HOA spelled out how many non related adults can live in any home under its thumb. If the HOAs rules are way too vague your going to have to get a atty involved. IF the issue is not addressed then I would think you would have less hassle from them.

 

[justalayman]

It will not be a rooming house .

how do you come to that conclusion?

That is exactly what it is; a rooming house for the elderly.

It may very well inrease traffic as the roomers have visits from friends and family.

Problem: I make my living by taking care of adults (mostly elderly) in my home,

I see, you make your living at this but

I do receive a stipend for them from the state but it goes towards their care

.so you do this for altruistic reasons?

My next question is, if I get fined for blatantly violating the HOA rules and I keep paying the fines without closing my home, what can the board do?

they can go to court and ask for a cease and desist order which if you refuse to honor could end up with a lot of money in fines and a far out possibility of jail (although unlikely)

I am willing to fight this ALL THE WAY, but I just want to know what I am against.

get your checkbook and get ready. If they want to fight you, they will and if you lose, it will cost you.

 

[FarmerJ]

Rooming houses often are short term people , adult foster care residents are more often VERY long term, In adult foster care these are vulnerable adults who normally need long term placements , they do not move around that much , The firm I work for has some clients who have been with them now for 12 yrs . Adult foster care unlike rooming houses require supervision, the Staff or provider can be required to do med passing , make sure the client is doing grooming and if needed to assist with grooming, the adult foster care provider is subject to licensing inspections and reviews , must fill out incident reports according to the clients ISP and IHP , the adult foster care provider likely must maintain log books, medical health notes . Has contact with case managers and social workers and guardians. This is way different than just a rooming house. Again though do speak to your atty about reviewing your HOA docs.

 

[ellen1976]

FarmerJ, I appreciate your response. I feel like we live in a society where the elderly are abandoned and discarded like used goods. I have lived with my residents for the past 3 years. They are part of my family. I find it rather ridiculous that they might not be allowed to live in my home, that I pay mortgage on, in a community that I reside in and pay HOA dues, just because they don't fit the ideal picture of a perfect neighbor. These would be the same people banging down my door because they can no longer afford to maintain the $5000.00 or more a month in a private assisted or nursing facility and now they're getting kicked out because they have spent down their funds.

 

[justalayman]

Ok, I'll give up on the rooming house. it is an elder care assisted living facility.

That is most definitely a business.

Ellen, you have to understand that you are now complaining about something that you should have checked into before you bought the house. Now that you have already bought it and things are not what you think they should be, all of a sudden, everybody that wants to protect their property values and their lifestyle are evil.

Your dilemma is a product of your actions, not theirs.

 

[nextwife]

North Carolina

We bought a house in an HOA neighborhood recently without receiving or looking at the restrictive convenants before we closed on the property.

It is the BUYER's responsibility to obtain and review all title documents prior to closing to be certain their intended use and future plans are in compliance with already existing zoning, restriction, easements and setback restrictions. Not bothering to ask for and then read the E&R docs is your fault.