In a unanimous vote from the Senate Local Affairs Committee (5-0), SB 20-126 was amended and referred to the entire Senate for consideration on February 13, 2020. As amended, the bill prohibits, as a matter of public policy, any restriction in a declaration or covenants that would prohibit the operation of an in-home child care facility. The amendments allow an association to adopt reasonable restrictions and rules concerning noise and landscaping requirements, but cannot prohibit their operation. Additionally, as amended, qualified age restricted communities, such as 55 or older residency requirements, are exempted from this requirement to allow child care facilities.
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Condominium communities should be exempted as well due to the close proximity of residences and the lack of private play areas for children. If not, then they should establish restrictive policies that endure that other homeowners are not inconvenienced by their operation.
Nor should owners be allowed to lease a unit that is subsequently used for child care.