Boyette Creek homeowners group opposes two caregivers

By Jessica Vander Velde, Times Staff Writer
In print: Friday, April 4, 2008

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RIVERVIEW — When Amanda Sanchez started her home day care business four years ago, all she wanted to do was make enough money to be able to stay home with her 1-year-old son.

Now she watches six children in her Boyette Creek home, including her son and 2-year-old daughter. She's licensed by the county and has passed each of her routine inspections.

But that doesn't matter to the Boyette Creek Homeowners Association. They say her day care is a commercial business that violates deed restrictions and want it shut down.

Sanchez received a letter from the association's attorney telling her to close the day care because it violates a deed restriction that lots can only be used for "single family residential purposes."

"This is a commercial business and is contrary to the requirement that properties shall be used for residential purposes only," attorney James DeFurio wrote.

A neighbor reported the day care business to the homeowners association, which contacted DeFurio. Sanchez must either close her business or go to mediation. If an agreement isn't reached, the association can file a lawsuit, DeFurio wrote.

"I'm not going to close down," Sanchez said. "I have to have an income."

But she's not sure if she can afford to go to court.

Homeowners association president Raymond Butler declined to comment, saying the case has been handed to the association's attorney. DeFurio did not return several messages.

Another Boyette Creek resident has been facing the same threats since June. Kari Bahour was told to stop giving swimming lessons at her house. She's certified to give survival swim lessons to young children, but an attorney told her she violated the same restriction.

Bahour said that rule is too vague to be enforced. It doesn't specifically talk about businesses, she said. Her attorney has sent letters to the association's attorney stating that the rule is too ambiguous.

"You're looking specifically for verbiage that specifically states a home business is not allowed," she said. "This rule is pretty much all they have to hold on to."

She hasn't heard from the association since October. She spent the winter in Tennessee and, when she comes back in a couple of weeks, she plans to continue the swimming lessons.

"I would like for them to see my lessons as valuable," she said. "It's a life-saving service."

Although Bahour hasn't heard from the association's attorney since fall, Sanchez was given 20 days to choose a mediator. The clock started ticking March 17.

She's trying to put together a case that her business shouldn't be considered commercial, even though she's making money. That's how the county treats it, she said.

Hillsborough County allows home day care businesses in residential areas. They also don't charge day care owners commercial utility rates.

Linda Stoller, manager of the county's Child Care Licensing Program, said this issue has come up before in deed-restricted communities.

She gave Sanchez a letter stating that the county considers her home day care business an extension of her family, Sanchez said. She sent it to DeFurio, hoping he'll call off the mediation.

Stoller said that even though the county allows home day care businesses in residential areas, some have had to shut down because of homeowner association rules. Others have worked out agreements, she said.

"Some homeowners associations don't look at this as a business," she said. "They look at it as a service to the community."

Sanchez hopes her association will back off. She doesn't want to have to pick up extra hours at her second job, waiting tables at Buffalo Wild Wings. That would mean time away from her children, she said.

"I'm sick to my stomach," she said.

She's not sure who reported her to the association — or why they would. But she'll find out soon, if she goes to mediation.

"I hope that I'm left alone," she said. "I just want to raise my kids. For someone to come in and try to take that away from me just breaks my heart."

Jessica Vander Velde can be reached at jvandervelde@sptimes.com or (813) 661-2443.