Note the Blog Post contains a number of hyperlinks.  We try to be as accurate with them as possible, knowing some public information gets moved which is beyond our control.

Thinking of converting your property into a group home for individuals with disabilities? It’s a noble objective—but if your home lies within a homeowners association (HOA), you may face legal hurdles that aren’t obvious upfront.

HOA covenants, conditions, and restrictions (CC&Rs) often prohibit “commercial” uses of property, limit occupancy numbers, or ban structures or modifications inconsistent with single-family norms. While these rules are enforceable, they may conflict with fair housing protections. Wikipedia+3Homeowners Protection Bureau, LLC+3Hoa Management .com+3Wikipedia+1

In Michigan, the Elliott-Larsen Civil Rights Act (Public Act 453 of 1976) and the Persons With Disabilities Civil Rights Act (Act 220 of 1976) prohibit housing discrimination on the basis of disability and require reasonable accommodations. meisner-law.com+3Wikipedia+3Homeowners Protection Bureau, LLC+3 HOAs must comply with federal laws like the Fair Housing Act, which override private covenants that discriminate. Yet homeowners may unknowingly sign away rights by agreeing to restrictive HOA governance at the time they moved in. Steadily+1

Similarly, in Texas the Community Homes for Persons With Disabilities Act (Chapter 123, Human Resources Code) forbids zoning or deed restrictions that block qualifying community homes—defined as facilities housing up to six individuals plus staff under nonprofit or state-approved programs. Texas Statutes+2Texas City Attorneys Association+2 These protections extend even if the HOA labels the group home as a “business.” In a notable appellate decision, a Texas HOA was forced to accommodate a group home for disabled residents despite CC&Rs to the contrary. Wikipedia+15independentamericancommunities.com+15PPAT+15

Yet state laws don’t make conversion seamless. If the homeowner has already agreed to HOA rules—especially around occupancy limits, architectural style, or even vehicle usage—those restrictions may still apply unless challenged. Further, the size of the group home matters: many states cap residents at six plus staff to qualify under protective legislation. Texas StatutesThe Randle Law Office

Key Takeaways

• HOA agreements may conflict with disability housing protections.
• Disability housing laws in every state whether it be Michigan or Texas or California can override most restrictions—but only for homes that meet statutory criteria.
• Even so, homeowners may have already signed away certain rights when joining an HOA.
• Bottom line: always seek knowledgeable legal advice before converting your property into any sort of group home to ensure compliance—and protect residents’ rights.

If you’re a homeowner pursuing this path, consulting an attorney is essential to navigate HOA documents, public accommodation laws, and ensure your conversion is lawful and respectful of both community rules and federal/state disability protections.

Follow us in the Social Stratosphere…