Legal Question in Real Estate Law in California

Re: Running a day care center

I am not aware of any statute that would override your townhouse Covenants, Conditions and Restrictions (the "CC&R's) (which is probably where this restriction is located, rather than the association bylaws). I assume these CC&R's have been recorded with your local county recorder. If not, they may not apply to your neighbors unless the neighbors specifically agreed to be bound by the CC&R's. It is possible that the CC&R's have expired on their own, in which case the question of home businesses may be controlled by your city's local zoning ordinance. In any event, in California any day care center must by duly licensed by the state. You may wish to report any unlicensed day care center to the appropriate authorities.