December 19, 2005

Home Owners Association Threatens Homeschool

The Covent family was astonished one day when they were told that their homeschool was a violation of their Home Owner's Association Covenant and that they were required to cease homeschooling immediately or face a lawsuit.

The family had just started homeschooling for the 2005-6 school year and organized different group activities with fellow homeschooling families to supplement their program. A few homeschoolers met at the Covent home for chess, gymnastics, arts, and music. The activities were supervised by the various parents in the group.

The family was accused by the Home Owner's Association (HOA) of running a business or day care from the home, and engaging in noxious or offensive activities which constitute a nuisance.

Home School Legal Defense Association Senior Counsel Chris Klicka wrote to the HOA and challenged the HOA's threat to file suit against the family for simply homeschooling their son and hosting social/educational activities for the furtherance of their son's education. It is difficult to imagine how a chess club could violate the rules. Also, children participating in gymnastics or music is not a noxious or offensive activity.

After talking with the HOA's lawyer, HSLDA has convinced them to leave the family alone. The family did supply a notarized statement describing their educational activities and explained that they are not commercial. The Covent homeschool has not been disrupted and the family is continuing to homeschool and host the group activities.