Q: I want to challenge HOA that denied a home daycare in my house
Background
I live in Canterfield Estates, Harrisburg, NC (Cabarrus County) and recently sought approval from the HOA to operate a licensed in-home daycare for a small group of children. We provided the HOA with a zoning permit from the Town of Harrisburg, which allows this use for residentially zoned properties. However, after months of delays due to the HOA poor response time, the HOA denied my request, citing the Covenants, Conditions, and Restrictions, which state that all lots should be used for “residential purposes only.” In appealing the decision, I noted that other home-based businesses (such as a lawn care, photography in-home studio, and window cleaning service) operate within the neighborhood without issue, but the HOA attorney responded, reaffirming the denial.
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