AN ACT to amend Tennessee Code Annotated, Title 13 and Title 66, relative to restrictions on the use of property.
Summary
HB1069 would prohibit homeowners' associations from enforcing deed restrictions, covenants, bylaws, or similar declaration provisions that bar a licensed family child care home from operating on the property. The bill applies when the proposed family child care home has obtained the required license from the Department of Human Services and any other permits or licenses required by local government for that location.
In practical terms, the bill creates a state-law override for HOA restrictions that conflict with the operation of a family child care home. It defines key terms such as “declaration,” “family child care home,” and “homeowners' association,” and makes any contrary HOA restriction “void, of no effect, and must not be enforced.” The act would take effect immediately upon becoming law.
Impact
The bill amends Tennessee Code Annotated Title 66 by adding a new part to Chapter 27, creating a specific limitation on private property-use restrictions imposed through homeowners' association declarations. It would affect HOAs, property owners, and licensed family child care providers by preventing HOA enforcement of covenants that prohibit child care homes, while leaving intact the need to comply with state licensing and local permitting requirements.
Sentiment
The available record contains no committee transcripts or recorded votes, so there is no direct evidence of debate or opposition in the provided materials. Based on the bill text, the measure appears pro-child-care and pro-property-use flexibility, with a policy focus on expanding access to family child care homes in residential areas.
Contention
The main potential point of contention is the balance between private HOA governance and state regulation of residential property use. Supporters would likely emphasize expanding child care availability and reducing barriers for licensed providers, while opponents could argue that the bill overrides community covenants and limits HOA authority to enforce neighborhood standards. No specific legislators or stakeholder groups are identified in the provided record.