HOA trying to make me stop babysitting

What is the name of your state? Michigan
I have been living (will be one yr. next month) in a home development that is a "site condo" where you own the land/house and the HOA owns and manages the "common elements" (parks/streets). I have been babysitting for friends and family last school yr. and continued to do it this fall. (I am a stay-at-home mom w/2 kids of my own and one on the way.)

This past Friday, I received a letter stating I must discontinue all "daycare" activities by Jan. 1st. They state our HOA by-law: "site may be used for single-family residential purposes only". There is no definition for "single-family residential" in the by-laws, and no mention of commerce, home-businesses, or number of children allowed in a home. (They DO mention, in the restriction about pets, that you may not breed animals for commercial purposes, but no mention of any other home businesses.) In the letter they cited traffic issues. My busiest day will have 3 vehicles coming and going (one being my husband). Many homes have more than that. There have been no neighbor complaints against me. I am not a licensed daycare provider. I sit for friends and family, and they do pay me. I was told the problem was that I am "for-profit", that I take money.

Do I have a leg to stand on? I do not watch kids all day. I do not watch them every day of the week. I do not watch them all year - only during the school year. I do not advertise. I watch two children besides my own. One comes MWF and the other comes 3-5 full to half days a week (his schedule changes constantly). I have also been approached by neighbors to sit for their children occasionally when they were in a pinch. This happens rarely, but neighbors know I am happy to help them out if I am home.

I am very upset - I am an elementary school teacher who opted to stay home while her children were young and babysit on the side to help pay our bills. My husband is a Catholic High School teacher and we are on a VERY limited income. We are desperate to keep this income.

I was told another woman in my HOA had been operating a "daycare" and they discovered a local advertisement for her. They heard about me from neighborhood word of mouth. I don't know anything else about this other "daycare".

One other note: last December we were told we almost had 75% of our lots sold in our HOA (the neighborhood is currently under construction) and when that happens, the homeowners get control of the HOA. Currently the wife of the builder runs it and is president.

Please help! I need some advice! Even if someone can just clarify "single family residential" (is there some legal definition somewhere I don't know about that prohibits ANY kind of money exchange/services?) and tell me where to go to clarify the term?

Also - this HOA is very lax with landscaping restriction (even the ones in the by-laws) and enforces VERY little of its other by-laws. We talked to neighbors before we moved in because we were leary of HOA's and had heard stories. So we are really blindsided by this.

THANK YOU!!!!!!

Do I have a leg to stand on?

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Unless you're a double amputee yes. As for LEGAL leg to stand on, not one.

Belize - Could you expand on that? I could really use some real info!!!!

You are running a business out of your home which is prohibited by the HOA.

Can they use the bylaw "site shall be used for single family residential purposes" to justify that?

How can they prove I am a business? Babysitting for $ is a "business"?

Where can a line be drawn? So babysitting is disallowed only if I get paid? But okay if it is not a paid service?

I was up all night last night worrying.

ophelia1224 said:

Can they use the bylaw "site shall be used for single family residential purposes" to justify that?

**A: of course they can
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How can they prove I am a business? Babysitting for $ is a "business"?

**A: yes, it is a business.

*********

Where can a line be drawn? So babysitting is disallowed only if I get paid? But okay if it is not a paid service?

I was up all night last night worrying.

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**A: read your CC&R's again.

What are CC&R's? I read all the bylaws and documents again.

[

How can they prove I am a business? Babysitting for $ is a "business"?


Yes, it is a business which is also subject to self-employment taxes (but, that's another forum.)

PghREA said:

[

How can they prove I am a business? Babysitting for $ is a "business"?


Yes, it is a business which is also subject to self-employment taxes (but, that's another forum.)

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I tell ya what, ignore the letter you won't have to wait long to find out.

I repeat..............

HomeGuru said:

**A: read your CC&R's again.

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I'd bet you are in violation of the by-laws.

Can they prove these services are-for-profit?


I leave you with that.

Note I am not an attorney, just an angry condo owner.

Foster kids?

Similarly, one of the units in our complex is rented out to a Sec. 8 mother who takes care of about 5 foster keds. They are noisy and hog up the small pool every day in summer. Would this be considered running a business out of the home? We have a clause in our CC&R's also againt running a business. I live in California.

judif said:

Similarly, one of the units in our complex is rented out to a Sec. 8 mother who takes care of about 5 foster keds. They are noisy and hog up the small pool every day in summer. Would this be considered running a business out of the home? We have a clause in our CC&R's also againt running a business. I live in California.

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Please start your own thread.

that's right**************...