PORTSMOUTH, Va. (WAVY) — 10 On Your Side first told you about the children who were rescued from a second-floor window to escape a fire that broke out at their daycare Wednesday afternoon.

Now, we’ve learned the Portsmouth business isn’t supposed to be there.

Charlestowne Condominiums has a homeowners association. A woman who lives there shared her policy with 10 On Your Side, which clearly states the units are restricted to residential use only.

In a paperback copy, Section 10 titled “Restrictions on Use of Units and Common Elements” says that “no part of the property shall be used for other than housing for a single family.” The HOA regulations further detail “no industry, business, trade, occupation or profession of any kind … designed for profit … shall be conducted on any part of the property.”

The woman who shared her copy of the policy with us did not want to be identified but tells us she’s reported Indoor/Outdoor Reach LLC to the HOA multiple times since it opened in 2018 and the business continued to operate.

One woman who did not want us to use her name but went on camera says her nephew used to go to the daycare until the family decided to stop taking him. When she found out about the fire, she was stunned.

“I don’t really understand this whole situation. It really shocked me,” the woman said.

Witnesses tell us the owner, Dewanna Seward, was outside when the fire started and was driving the daycare’s bus to the front of the complex.

“How could you leave an 11-year-old and younger kids in a house by themselves?” the woman said.

10 On Your Side reached out to the man who oversees Charlestowne Condominiums through Mid Atlantic Management Co. several times. We have not heard back. We also asked the city if the daycare was properly licensed and if it had a current license. The city declined to comment.