Mr. Speaker, I rise in opposition to SB 513, SD2 HD2 CD1, relating to Family Childcare Homes.
This bill takes away the right of townhouse and condominium associations to decide what types of commercial activities can be conducted in residential units. A townhouse association can vote 500 to 1 against child care homes, but under this law that one dissenter can open a child care home and force their wishes on every one of their neighbors.
Townhouse and condominium unit owners are bound together by legal covenants and agreements designed to regulate how they may use their property. Every owner entered into these agreements willingly. They were not forced to buy a particular unit or to subject themselves to the association rules. Each owner made a trade off in deciding to buy a townhouse or condominium unit. Yes, they gave up the right to do what ever they wanted with their property, but in return they knew their neighbors were subject to similar restrictions.
Townhouse and condominium associations commonly restrict commercial uses of units. This law says there is one type of commercial activity you cannot prohibit - a child care center. I would leave this decision in the hands of the townhouse or condominium association, and let the owners determine how their property may be used.
Everyone likes children and supports child care. So in deciding how to vote on this measure I suggest you substitute barber shop, tattoo parlor, doctors office, or dentists office for child care. The point is the legislature should not take away the existing right of townhouse and condominium associations to prohibit business activities in residential units.