Today's Question: How much sway should the homeowners association have over the Vanderveen Crossing covenants?

Friday, August 21, 2009 | 1:29 p.m. CDT; updated 5:25 p.m. CDT, Saturday, October 9, 2010

COLUMBIA — A new controversy to an old question is causing Heather and Taylor Linneman serious legal problems. The Vanderveen Crossing Homeowners Association is suing the couple for running a day care from their home, which the association claims violates neighborhood covenants.

According to the homeowners association board, no child care businesses, or businesses of other sorts, are permitted to operate out of the residential neighborhood.

However, Linneman has worked with the association to accommodate its requests and received verbal and written consent from the neighborhood's developer to operate her day care, Little Wonders Preschool. The house has been adequately modeled to support the business and Linneman is licensed by the state.

The homeowners association is compiled of volunteers who address concerns of the neighborhood. However, the developer, Steve Herigon, had told the Linnemans that he had the final word on covenants, which the board claims is not true.

As stated in the covenants, if the homeowners association loses in court it will be responsible for covering court costs.

How much sway should the homeowners association have over the Vanderveen Crossing covenants?

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