AN ACT to amend Tennessee Code Annotated, Title 13 and Title 66, relative to restrictions on the use of property.
Summary
SB1013 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 a property, so long as the proposed child care home has obtained the required state license from the Department of Human Services and any applicable local permits or licenses. The bill defines key terms such as “declaration,” “family child care home,” and “homeowners’ association” for purposes of the new law.
In practical terms, the measure creates a state-law override for HOA rules that conflict with the operation of family child care homes. It does not eliminate licensing or local zoning/permit requirements; rather, it makes HOA restrictions unenforceable when those other approvals are in place. The act would take effect immediately upon becoming law.
Impact
The bill would amend Tennessee Code Annotated Title 66 by adding a new part that limits the enforceability of private property-use restrictions imposed by homeowners’ associations. It would affect residential subdivisions governed by declarations, restrictive covenants, bylaws, or similar instruments by invalidating any HOA restriction that prohibits a properly licensed family child care home from operating on the property. The bill preserves state and local licensing and permitting authority while preempting conflicting HOA rules.
Sentiment
No committee transcripts or recorded votes were provided, so there is no direct evidence of debate, support, or opposition in the available materials. Based on the text alone, the bill appears aimed at supporting child care access and home-based providers while balancing that goal with existing state and local regulatory requirements.
Contention
The main point of contention is likely the balance between property owners’ association autonomy and the ability of homeowners to operate a family child care home. Supporters would likely emphasize expanding child care availability and reducing barriers for licensed providers, while opponents may argue that the bill overrides private covenants and limits HOA control over neighborhood land-use standards. The bill itself resolves that conflict in favor of allowing licensed family child care homes to operate despite HOA restrictions.