Today’s economy has shifted to a hybrid work model, where home offices are used to conduct business as often as work is done in a formal office setting. Consequentially, CAI is updating its public policy regarding home-based businesses in community associations to reflect a new reality for millions of Americans. These updates will address questions surrounding the regulation of home-based childcare facilities by community associations.

Home-based childcare facilities are subject to a different set of state and local requirements than other home-based businesses. These include licensing, inspection standards, and specific mandated trainings for employees. This creates a second set of advocacy priorities and policy objectives that state legislative action committees (LACs) must incorporate when working with elected officials to craft legislation to respect and preserve the crucial self-governance authority of community associations. Issues of indemnification, insurance, and access to certain common elements intersect when questions around the regulation of home-based childcare facilities are confronted by state LACs.

CAI created two new advocacy priority webpages to help inform members of relevant home-based business state statutes impacting community associations across the country.

Home-Based Business in Community Associations State Statutes can be accessed here. Advocates can find statutes that address the regulation of home-based businesses in community associations by state or local governments or an association itself. While most regulation is legislated in state statutes, local governmental authorities will often have their own set of rules governing home-based businesses, so it is important associations be aware of local laws that may supersede the rulemaking authority of community associations.

Home-Based Childcare State Statutes can be accessed here. Advocates can find statutes that specifically address the regulation of home-based childcare in community associations.

States are more likely to have statutes governing the regulation of home-based childcare facilities by community associations. Home-based childcare facilities have a unique set of licensing requirements at the state and local level not seen by other home-based businesses. States are more willing to legislate on this issue.

If you are passionate about home-based businesses, help shape future legislation for your state, join CAI’s Advocacy Ambassador Program to be a voice for your community.

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