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SOBER LIVING
FACILITIES
QUESTION:
I appreciated reading your article on
day care
centers. A growing phenomenon in our community and others nearby is for
operators to purchase homes to use as "sober living" facilities for
individuals recovering from alcohol or drug issues. Can associations prohibit
them?
ANSWER:
Similar to day care homes for children, associations may not prohibit owners or
tenants from operating an alcoholism or drug abuse recovery or treatment
facility which serves six or fewer persons. Health & Safety 11834.23.
DAY CARE CENTERS AND
RECREATIONAL
FACILITIES
QUESTION:
Can the day care provider use the pool area and other amenities for the children
under her care? One tenant operates a home day care and brings 4 to 5 kids to
the pool area. The CC&Rs restrict the number of guests to 2.
ANSWER:
Like other homeowners, operators of day care homes (owners and tenants) must
comply with the association’s rules and regulations. Thus, if the association
restricts the number of guests each homeowner may have in the pool area, day
care operators must adhere to this rule or be subject to disciplinary actions.
DAY CARE
INSURANCE
QUESTION:
Can the association purchase insurance in the name of the day care center to cover itself
if the center does not carry any insurance?
ANSWER:
Yes, an association can purchase liability insurance for the day care center. However, the association’s best option is to have the day care home
purchase its own liability insurance for the following two reasons: (1) The
association’s general liability insurance policy already protects the
association against claims of bodily injury and property damage. If a claim is
made against the association, its insurance carrier would defend the association
and its officers and employees. Keep in mind, however, that the insurance
carrier is not obligated to defend the day care home or its operator. (2) It may
appear unfair and unreasonable to homeowners for the association to bear the
burden of purchasing and paying for the day care home’s insurance policy.
*Thank you to insurance specialist Tim Cline for his input on this question. You
can find his contact information in the
Service Directory.
TUTORING
BUSINESS
QUESTION:
What about a tutoring business? Does this come under the same umbrella as day
care centers?
ANSWER:
No, a tutoring business is not afforded the same protection as a day care home
for children. If your CC&Rs call for "residential use only," the association may
prohibit tutoring businesses.
Sincerely
yours,
Tina Wang, Esq.
Adams Kessler PLC
 RESTRICTING
SMOKING. A new resource on smoking in common interest developments
has been released by the Technical Assistance Legal Center, a project of Public
Health Law & Policy and the Public Health Institute. The brochure is titled "How
to Make a Condo Complex Smokefree." It is the best I've seen on the
subject. It is well-written and should answer a
lot of your questions about how to restrict smoking in your association.
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