Legal Question in Business Law in Texas

HOA bylaw vs. City Ordinance

I would like to open a preschool in my home. I can not find any City Ordinances against doing so but am confused about the language of my HOA bylaws and want to know if the HOA can prevent me from opeining my business.

My HOA bylaws say, ''an Owner or occupant my conduct business activities that are incidental to the primary residential use of the lot so long as the business activities is permitted under applicable City of Cedar Park ordinances.''

However, it then goes on to say, ''Day care facilities, churches, nurseries, preschools and similar facilities are expressly prohibited''.

How can my HOA restrict me from opening my business if it is not against a City Ordinance?


Asked on 4/06/09, 4:36 pm

1 Answer from Attorneys
Charles Williamson Charles J. Williamson, Attorney At Law

Re: HOA bylaw vs. City Ordinance

Because you probably signed an HOA agreement when you bought the property and somewhere in that agreement it prevents you from opening your business. Find the agreement and read it through carefully. And, just because the state or city laws don't forbid you, that doesn't mean that the agreement can be ignored.

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Answered on 4/06/09, 5:05 pm


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