HB 5512

Abstract

Amends the Common Interest Community Association Act. Provides that the operation of a licensed day care home, as defined in the Child Care Act of 1969, in a residential dwelling, is incidental to the primary residential use of the dwelling and constitutes a valid residential use for the purpose of any community instrument. Provides that a community instrument may not impose restrictions on a residential dwelling licensed as a day care home unless the restrictions are no more restrictive than those imposed by the Child Care Act of 1969 or rules adopted by the Department of Children and Family Services. Provides that a community instrument may not prohibit the use of a residential dwelling as a day care home unless prohibiting the use is necessary to preserve the health, safety, and welfare of the other residents in the community. Provides that the burden of proof is on the party seeking to enforce a community instrument to demonstrate, on a case-by-case basis, that the restrictions are necessary to preserve the health, safety, and welfare of the residents of the community. Provides that a condominium, timeshare, or cooperative is exempt from the provision.