Sober Living Facilities in Associations

As with day care homes for children, the California legislature has overridden certain association restrictions. Associations cannot prohibit owners or tenants from operating an alcoholism or drug abuse recovery or treatment facility which serves six or fewer persons. The same is true for licensed non-medical alcohol and drug treatment facilities which include homes that provide one or more of the following services: (1) detoxification, (2) educational sessions, and recovery or treatment planning.

A sober living facility can create many issues for associations involving:

• Parking Violations

• Rules Violations

• Security problems and criminal activity

• Vandalism

• Excessive and unsupervised use of recreational facilities

• Requests for extra keys and vehicle stickers

• Harassment and intimidation of staff and residents

• Smoking in the common areas

• Excessive noise

• Litter

Given the many legal protections afforded sober living homes by the California Legislature, boards should consult with legal counsel when dealing with the issues set forth above.

Coast Management of California