Health & Safety Code Sections 1500-1567.94, Community Cares Act

The Community Cares Act is contained in the Health & Safety Code Sections 1500-1567.94.  The Community Cares Act was adopted due to the Legislature's urgent need to establish a coordinated and comprehensive statewide service system of quality community care for mentally ill, developmentally and physically challenged, and children and adults who require care or services by a facility or organization issued a license or special permit pursuant to the Act. A community care facility can be within a condominium or home within a community association.

Section 1566.5 of the Act applies to CC&Rs that contain provisions that restrict properties to "residential use" and it reads:

1566.5.  

For the purposes of any contract, deed, or covenant for the transfer of real property executed on or after January 1, 1979, a residential facility which serves six or fewer persons shall be considered a residential use of property and a use of property by a single family, notwithstanding any disclaimers to the contrary.