Legal Question in Business Law in Texas

Home-based business against HOA bylaws

I want to open a registered preschool but am nervous because the deed restrictions say Day care facilities, churches, nurseries, and pre-schools are expressly prohibited. Do they have the legal right to make me stop if I proceed anyway?


Asked on 4/02/09, 11:27 pm

1 Answer from Attorneys

David Leon David L. Leon, P.C.

Re: Home-based business against HOA bylaws

Most likely. There are few more self important entities than an HOA. You should read the bylaws and see how your business would fit in to an exception (if any.) If not, consider asking for a variance. Before you do, make sure that when you do ask, you have a plan in place that shows how your business will not effect property values, inconvenience the other owners, etc. Also, be prepared to deal with the politics.

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Answered on 4/04/09, 9:31 pm


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