In the last several years, Clayton & McCulloh has received a number of inquiries from our clients as to whether a certain owner of a home within a residential community (HOA, Condo, etc.) would have the right to run a “community residential home” within the community, even if the Association’s Governing Documents provide that the community shall have single-family residential occupancy.  Regardless of your Association’s understanding of its documents, in accordance with Florida law, specifically Florida Statute 419, your community may be required to allow for the use of a certain home or homes for “community residential home” purposes.

First, what is a community residential home?  Under Florida Statute 419 above, a community residential home is a dwelling licensed to serve residents that are clients of certain state agencies, including the Department of Elder Affairs, Department of Juvenile Justice, and the Department of Children and Families.  Some may refer to these as group homes, or assisted living facilities.  In accordance with this statute, one of these homes which would have six or fewer residents shall be deemed a single family unit and a noncommercial, residential use for the purposes of local laws and ordinances.  While Association documents are not typically considered ordinances or local laws, nevertheless, case law does exist which tends to find that Association’s Governing Documents are subject to this statute. 

Of course, the operator of a community residential home must meet certain statutory requirements in establishing and managing such home, as well as in the placement of any such home.  Finally, exterior appearance covenants are generally enforceable by an association against such a community residential home.   

As such, if your Association is concerned as to this particular use of a property within your community, we recommend that your association contact counsel.  Please keep in mind that due to recent health privacy laws, an Association is restricted as to what information can be requested and how information can be requested from an ostensible operator of a community residential home.  Additionally, as the Florida Legislature seems to tinker with this legislation yearly, it is important for you to understand the latest laws before attempting to address such an issue.