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SB 2282

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 Richard Briggs

Tennessee bill voids HOA restrictions on family and group child care homes, allowing homeowners to operate care facilities regardless of existing neighborhood covenants.

Assigned to General Subcommittee of Senate State and Local Government Committee
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Bill Summary · SB 2282

Legislative bill overview

SB 2282 invalidates homeowners' association (HOA) restrictions that prohibit or limit family child care homes or group child care homes on residential properties in Tennessee. The bill effectively overrides HOA covenants and declarations that would prevent property owners from operating these child care facilities, even if those restrictions were established when the property was purchased.

Why is this important

This legislation addresses a practical barrier to child care availability by allowing homeowners to provide or operate child care services regardless of existing HOA rules. It could expand access to affordable child care options in residential communities, though it fundamentally shifts property rights by removing HOAs' ability to enforce restrictions that current property owners agreed to when purchasing their homes.

Potential points of contention

  • Property rights conflict: Invalidates contractual restrictions property owners voluntarily accepted, raising questions about contract enforcement and the limits of government intervention in private agreements
  • HOA governance: Removes a key mechanism HOAs use to maintain neighborhood character and property value consistency, potentially affecting all HOA members' interests
  • Precedent concerns: May invite similar bills overriding other HOA restrictions (business operations, rental properties, etc.), weakening HOA authority broadly
  • Implementation ambiguity: Lacks clarity on operational standards—whether child care facilities would still need licensing, zoning compliance, or safety approvals beyond HOA exemption

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

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