Real Property

Plain English Breakdown

The official source does not provide specific details about the number of unrelated or related children allowed, nor does it explicitly mention exceptions for older children living with the caregiver.

Making Family Child Care Homes Legal in Homeowner Associations

This bill makes sure that homeowner associations cannot stop family child care homes from opening if they have all the right licenses and permits.

What This Bill Does

• It says that a family child care home can open even if there are rules against it in the homeowner association's documents, as long as the home has the needed license and permits.

Who It Names or Affects

• Homeowners' associations
• People who want to start family child care homes

Terms To Know

Family Child Care Home

A place or facility that provides child care for three or more hours per day for up to seven unrelated children and five related children, with a maximum of twelve total children present.

Homeowners' Association (HOA)

An organization that manages rules for a group of homes in the same area.

Limits and Unknowns

• The bill does not specify what happens if a family child care home doesn't get all the needed licenses or permits.
• It is unclear how this will affect existing restrictions on other types of businesses or activities in homeowner associations.

Official Summary Text

If a proposed family child care home obtains the necessary license from the department of human services and any necessary permits or license from the local government entities with jurisdiction over the location where the family child care hom
e is proposed to be sited, then
this bill provides that
any restrictions on the operation of a family child care home that may be in a declaration applicable to the property where the family child care home is proposed to be sited are void
and
of no effect
, and must not be enforced by the homeowners' association.

As used in this bill, a "f
amily child care home
"
means a place or facility that is operated by a person or entity that provides child care for three or more hours per day for at least five childr
en but not more than seven children who are not related to the primary caregiver
. T
he maximum number of children present in the family child care home, including related children of the primary caregiver
must
not exceed

12, with the exception that, if the
family child care home is operated in the occupied residence of the primary caregiver, children related to the primary caregiver nine or older will not be counted in determining the maximum number of children permitted to be present if those children are

provided a separate space from that occupied by the family child care home.
However, t
he department may permit children in the separate space to interact with the children in the licensed family child care home in such manner as it may determine is approp
riate
.

Current Bill Text

SENATE BILL 1013
By Oliver

HOUSE BILL 1069
By Glynn

HB1069
001345
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 13
and Title 66, relative to restrictions on the use of
property.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 66, Chapter 27, is amended by adding
the following as a new part:
66-27-901.
As used in this part:
(1) "Declaration" means an instrument, however denominated, that
creates a homeowners' association, and amendments to that instrument,
including restrictive covenants, bylaws, and similar instruments governing the
administration or operation of a homeowners' association;
(2) "Family child care home" has the same meaning as defined in § 71-3-
501; and
(3) "Homeowners' association" means an incorporated or unincorporated
association owned by, or whose members consist primarily of, the owners of the
residential property covered by the declaration and through which the owners, or
the board of directors or similar governing body, manage or regulate the
residential subdivision.
66-27-902.
If a proposed family child care home obtains the necessary license from the
department of human services and any necessary permits or license from the local
government entities with jurisdiction over the location where the family child care home

- 2 - 001345

is proposed to be sited, then any restrictions on the operation of a family child care home
that may be in a declaration applicable to the property where the family child care home
is proposed to be sited are void, of no effect, and must not be enforced by the
homeowners' association.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.