CHESTERFIELD, Va. (WTVR)--Records show that in one woman’s fight against a Brandermill Community Association, to keep her daycare open, she’s not the only one in violation of the rules.

For over a month Joni Roberts has been battling to keep her Brandermill in-home daycare up and running.

"I’m saddened that this whole situation has come to this point,” Roberts said.

The Brandermill Community Association said Roberts’ business violates a 40-year-old neighborhood covenant which is designed to limit in-home businesses that have the potential to create traffic problems.

But CBS 6 learned Roberts’ in-home business isn't the only one possibly in violation.

Dr. Katherine Bettin operates her sex and relationship therapy business out of her home on Promontory Pointe Road in Brandermill, according to the buisness website.

The address listed matches Chesterfield property records that show Dr. Bettin owns the property with her husband Jack Bettin.

Mr. Bettin is one of the Board of Directors on the Brandermill Community Association (BCA).

Legal expert Claire Cardwell says the covenant restricts people from having businesses in their home if they have traffic going to and from their homes.

"In this case it appears that the director's wife is having patients come to the home and that would be in violation of the covenant,” Cardwell said.

CBS 6 reached out to the Bettins, and stopped by their home Tuesday afternoon. No one answered the door, but Jack Bettin took our phone call.

He said he has recused himself from the vote, but when we questioned the violation of his wife's in-home business, Mr. Bettin ended the phone call.

We also went to the BCA, where community manager John Bailey declined to go on camera, but does say the organization surveyed residents regarding in-home businesses and will be discussing how to enforce the covenant.

Still, Roberts said she's not out to get any in-home businesses, rather she just wanted to raise awareness so a fair decision is made.

"Now that the information is out, it's important we deal with this information and deal with it fairly,” she emphasized.

CBS 6 left a voice mail with Mr. Bettin after our call abruptly ended. As of late Tuesday night, our calls had not yet been returned.

We also left a voicemail for Dr. Katherin Bettin. That phone call has also not been returned as of Tuesday night.

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