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HB 2306

Real Property - As introduced, makes void and unenforceable any restrictions on the operation of a family child care home or group child care home that may be in a homeowners' association declaration that applies to a property where a family child care home or group child care home is or will be sited by the property owner; makes other changes relative to restrictions on the use of real property. - Amends TCA Title 66.

114th Regular Session (2025-2026) Introduced by Michele Carringer

Nullifies HOA deed restrictions preventing family and group child care homes on residential properties, enabling home-based child care despite existing neighborhood covenants.

Action Def. in s/c Cities & Counties Subcommittee to 3/18/2026
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Bill Summary · HB 2306

Legislative bill overview

HB 2306 invalidates homeowners' association (HOA) covenants and restrictions that prohibit family child care homes or group child care homes on residential properties. The bill effectively prevents HOAs from enforcing deed restrictions against these types of child care operations, allowing property owners to operate such facilities regardless of existing HOA regulations.

Why is this important

Child care accessibility and affordability are significant challenges for working families, and this bill removes a structural barrier to in-home child care provision. However, it creates tension between property owners' contractual rights (HOA membership) and individual property use rights, potentially affecting neighborhood character and property values that HOA restrictions were designed to protect.

Potential points of contention

  • Property rights conflict: HOA restrictions are contractual agreements that property owners voluntarily accepted; invalidating them raises questions about contract enforceability and whether legislation should override private agreements
  • Neighborhood impact concerns: HOAs cite concerns about increased traffic, noise, parking, and commercial activity in residential areas; eliminating restrictions removes community input mechanisms
  • Selective enforcement: The bill targets only child care facilities; questions arise about whether similar exemptions should apply to other home-based businesses, creating potential fairness and precedent issues
  • Implementation ambiguity: Unclear definitions of "family" vs. "group" child care homes and what operational standards would apply without HOA oversight

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

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