QUESTION: There is a company that buys houses in our community and immediately turns them into board and care homes for seniors. We already have five of these homes. With falling prices on homes, we anticipate more will be converted. Any rule on this?
ANSWER: As with day care homes for children, associations cannot prohibit residential care facilities which service six or fewer persons. (H&S Code § 1566.5.) A residential facility means any family home or group care facility providing 24-hour non-medical care to persons in need. (H&S Code § 1502(a)(1).) These facilities are specifically defined as residential use of property by a single family. (H&S § 1566.5.) This effectively goes around an association's private restrictions.
See sober living homes and day care centers.
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