A DAYCARE owner has been forced out of his home after he was fined for having too many children on his property.
Thomas Leonzal and his wife were threatened with $200 daily fees after their HOA enforced a new rule limiting their family business.
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In 2019, Leonzal, who lives in St. Paul, Minnesota, was warned by his HOA that he could only have up to two children in his daycare.
At the time, he and his wife were caring for 14 kids every day, and it was their
The HOA told them they had less than 30 days to cut down their business and abide by a new bylaw that was passed.
“I’ve got parents that are depending on us,” he told Eden Prairie Local News.
“They need to know that we’re there because they’ve got obligations to their work.
“I just can’t spring on them that we can only have two students and send them on their way.”
Leonzal tried to reason with the HOA and cited a state law that states in-home daycares are considered a permitted single-family residential use of a property.
According to that law, it was perfectly legal for him and his wife to have 14 children around during the day.
However, Leonzal couldn’t agree with his HOA, and his family made the difficult decision to move to another neighborhood so they could keep their business.
‘SEEMS CRAZY’
After he moved, Leonzal approached his state representatives to inform them of what he called an “overreach” by his HOA.
Officials in the state have started to come forward and declare the board was out of line with their decision.
“This really should not be the intent of what HOAs are,” Representative Nathan Nelson, a Republican, told the local paper.
Another official said, to him, it made no sense why residents shouldn’t be allowed to use their homes as daycare.
“It seems crazy that we would not allow folks to care for children in this way and utilize their space,” said Representative Carlie Kotzya-Witthuhn.
Lawmakers have authored a bill that seeks to limit private entities like HOAs from restricting childcare in homes.
“It’s important because we’re addressing the childcare crisis,” said Representative Amanda Hemmingsen-Jaeger, who authored the bill.
“I don’t think it’s very fair that we have these arbitrary HOA restrictions, shutting down family child care operations when we need every child care provider we can get.”
The bill has been approved by the House Children and Families Finance and Policy Committee and is being presented in Senate hearings.
What is an HOA?
One in five Americans live in an area with a Homeowners’ Association – or HOA. But what exactly is it that they do?
- An HOA is a homeowner’s association – an organization that aims to maintain a clean and cohesive place to live for its residents.
- Entire neighborhoods, subdivisions, condominiums, family homes, or townhouses within “a planned development” will often make up an HOA.
- They also act as a governing body for tenants, who run and fund the HOA through monthly fees.
- Their principal aims are to keep the community functioning and visually appealing and to maintain property values.
- They primarily focus on common areas of a neighborhood, such as roads, parks, and pools – but may also stipulate what residents can do with their properties, such as yards and driveways.
- Often these restrictions enforce uniformity on properties, for example, ensuring most houses look the same and all driveways are clear of weeds.
- An HOA rulebook of covenants, conditions, and restrictions (CC&R) is distributed to all residents, and an elected volunteer board of directors enforces these regulations.
- Breaking these rules can result in penalties such as fines and even litigation – as most HOAs are incorporated and subject to state law.
- HOAs are often the subject of controversy, with some members feeling that the rules are too punitive and restricting, or that the leadership has too much power.
- But others like that HOAs give communities the power of self-governance, and can ensure a degree of harmony between residents.
HOAs are only getting more popular, which means residents should know how to handle any problems that arise with their board.
Residents who experience drama with their HOAs are encouraged to try and keep an open line of communication with the board.
It’s also recommended to stay up to date on the rules of their contracts and agreements.
Those facing issues should first communicate with other residents to see if there is mutual concern.
After organizing with neighbors, a cohesive complaint can be presented at a board meeting.
Once an issue is presented at a meeting, changes can officially be made without creating more drama.
Neighbors who are unhappy with how an HOA is led should also be encouraged to run for a spot on the board.
The HOA drama comes as one unsuspecting man was forced to move out after someone bid just $500 for his home.
And another homeowner was slapped with a $108 fine for parking in her own driveway.
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