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Bill

SB 1013

Real Property - As introduced, makes void and unenforceable a restriction in a homeowners’ association declaration that would prohibit the operation of a family child care home at a property that is the site of a proposed family child care home, if the operator of the proposed family child care home has obtained a license from the department of human services and any necessary permits or licenses from the applicable local government for the operation of the family child care home. - Amends TCA Title 13 and Title 66.

114th Regular Session (2025-2026) Introduced by Charlane Oliver

Voids HOA restrictions on licensed family childcare homes to address childcare access while balancing residential community concerns and property covenants.

Failed in Senate Commerce and Labor Committee / no second
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Bill Summary · SB 1013

Legislative bill overview

SB 1013 would invalidate homeowners' association (HOA) restrictions that prohibit operating a licensed family child care home on a residential property. The bill only applies when the operator has obtained proper licensing from the Tennessee Department of Human Services and all required local permits.

Why is this important

This addresses a real-world conflict between HOA covenants and the childcare workforce shortage. Many residential areas restrict business operations, effectively blocking licensed in-home childcare providers from operating legally in their own homes, even when they meet all state and local requirements. The bill attempts to balance property rights with workforce and family needs.

Potential points of contention

  • Property rights vs. HOA autonomy: Opponents argue HOAs exist to protect community standards and property values, and overriding their declarations diminishes member governance and consent
  • Community impact concerns: Neighbors may worry about increased traffic, noise, parking, and commercial activity in residential neighborhoods regardless of licensing
  • Regulatory burden: Clarifying interactions between state licensing, local zoning, and private covenants creates complex enforceability questions and potential legal disputes

Compiled from official sources — confirm details with the bill’s official record.

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