Adams Stirling PLC


QUESTION: Does your article on day care centers apply to 55+ communities?

ANSWER: I reviewed applicable statutes and case law and found nothing that addressed this issue. The legislature may not have intended for children's day care homes in age-restricted senior developments. Nonetheless, that appears to be the consequence of the legislation.

Under the day care statute, associations cannot prohibit or restrict homeowners (or tenants) from operating a family day care home for 14 or fewer children for periods of less than 24 hours per day. (H&S Code §1597.40(c) and H&S §1596.78(a).)

That leaves CC&R age restrictions. Age restrictions normally apply to people who reside in the community, not visitors. Children in day care homes visit for less than 24 hours at a time. As a result, it appears that day care centers can operate in senior communities.

Also see group care homes and sober living homes.

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Adams Stirling PLC