can HOA restrict my renter use my property as a congregate living health facility even CC&R said no business or commercial activities?

  There is a state law which limits the ability of cities to prevent congregate care in areas zoned for residential use. I do not know whether such laws apply to HOAs and whether such laws supersede prohibitions against business use in the CC&Rs. I would have to look that up. I think most lawyers would. That state law is only a limit. It does not give a congregate care facility to do whatever it wants. Restrictions on parking, numbers of residents, noise, signs and other rules will still apply. If any remodeling work is required be sure to comply with any HOA approval requirements. HOAs Boards have very broad discretion and a lot of tools to force compliance, including assessing fines and enforcing the fines by a foreclosure sale of the property. If the HOA complains, you cannot ignore them. You must either satisfy them or convince them. In a recently reported appellate decision, a lawyer who lost a dispute over CC&R rules, got the attorney fees he had to reimburse to the HOA, reduced from over $1 million down to over $700,000. If you're going to fight an HOA, you better have an attorney make really sure that you're going to win. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack