Real Property

Plain English Breakdown

The candidate explanation included details about the number of children allowed, which are not explicitly stated in the official source material. The exact enforcement mechanisms for this law against homeowners' associations are also unclear from the provided information.

Restrictions on Homeowners' Associations for Family Child Care Homes

This bill makes it illegal for homeowners' associations to enforce rules that prevent family child care homes from operating if they have proper licenses and permits.

What This Bill Does

• Defines a 'family child care home' as a place where someone cares for up to seven unrelated children, plus related children under certain conditions.
• Requires family child care homes to get a license from the Department of Human Services and any necessary local government permits.
• Makes it illegal for homeowners' associations to enforce rules that stop these licensed child care homes from operating.

Who It Names or Affects

• Family child care providers who want to open or operate their business within a homeowners' association area.
• Homeowners' associations that have rules about what can be done on the property.
• Local government agencies responsible for issuing permits and licenses.

Terms To Know

Family child care home

A place where someone cares for up to seven unrelated children, plus related children under certain conditions.

Homeowners' association

An organization that manages and regulates a residential subdivision owned by the residents.

Limits and Unknowns

• The bill does not specify what happens if a family child care home violates local zoning laws or other regulations.
• It is unclear how this law will be enforced against homeowners' associations that try to enforce restrictions on family child care homes.
• This bill did not pass in the Senate Commerce and Labor Committee.

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

HOUSE BILL 1069
By Glynn

SENATE BILL 1013
By Oliver

SB1013
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.