Certain home-based daycares get new protections


New Virginia Law will stop HOA's from banning home-based daycare in residential areas

RESTON, Va. (WDVM) — Home-based childcare providers can breathe a sigh of relief after Virginia passed a new law giving certain providers some protection.

The new law which took effect on July 1 is specifically protecting home-based childcare’s that reside in areas that are beholden to Home Owners Associations. In the past Home Owners Associations would try to ban someone from having a home-based daycare by using the provisions of the HOA declaration saying that they can ban home businesses. Now, this bill will make it clear that if the local government says the use is residential then an HOA can’t ban it as a business. One Fairfax County provider was pleased with the bill.

“It means a lot, it means we won’t have to fight to have a home daycare. Home Owners Associations can’t come in and change the rules on us and then try to shut us down,” said Cece Holman, owner of Someplace Special Family Childcare.

HOAs can still provide reasonable regulations on home-based daycares.

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