Legal Question in Real Estate Law in Pennsylvania

Problem with HOA and renting

I just moved into a townhouse a couple of days ago (renting). My girlfriend has an in-home daycare, caring for 6 children. Our landlord was somewhat skeptical at first, but agreed to the daycare. Two days after moving in we received a phone call from the landlord stating there had been a complaint from the HOA. Apparently no businesses are allowed by the HOA in our neighborhood. We were ordered to shut the daycare down, which we of course cannot due to the needed income. What are our choices? Move again, and pay all the extra fees associated with moving? Can we continue living here and running the daycare? There was no mention of a HOA and our landlord also said that it was ok to have the daycare. If we continue living here would our landlord be the party that would accrue the fines from the HOA? We really don't want to move but we feel it's the best thing to do, however, we want compensated for the moving fees, time off work, and also get the 1st month rent and security deposit back. Is this possible? What should we do??


Asked on 7/23/08, 5:03 pm

1 Answer from Attorneys

Re: Problem with HOA and renting

Come on... you know you can't operate a bsiness out of a townhouse, at least where there is a HOA! I'm not saying people don't do it, but if you get caught, you have no option, because you are given the HOA By-Laws, and you are bound by them. Try to find some place you can take care fo the kids, and make sure you are rewgistered as a business, and meet state requirements, and have proper insurance... Oh wait, I bet you are doing this under the table, which means we have NO idea if those kids are safe, or if you can safely care for 6 kids on a daily basis (6 kids can be tough!), which also means if you aren't competent to care for 6 kids and a kid gets hurt, you will be sued and lose everythign you have, but wait, they could never be compensated for anything you do to hurt their kids, because you have nothing to take, and you probably aren't insured... Unless I'm mistaken, maybe you should not be caring for 6 kids. The landlord won;t have to pay you a nickle and has nothing to fear from you, unles they put in writing that you could run a daycare out of the townhouse, and there is NO chance of that.

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Answered on 7/24/08, 10:44 am


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