Policies

Started by KarenH2 • 4 replies • 1342 views

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KarenH2 (Texas)
Posts: 5

Posted:

If the there was a policy voted on at a HOA meeting by all the residents and a new policy was implemented but not filed with the city does this make the policy invalid?

Also, do HOA have to abide by ADA(American Disability Act) guidelines? I thought that was just for businesses. We voted to have no dogs at our property and now someone is saying it goes against ADA rules so we can not inforce the no dogs policy.

GlenL (Ohio)
Posts: 5,491

Posted:

What type of policy change are you talking about? If it is a change to your CC&R’s then yes it must be filed with the county recorders office, at least that’s how it’s done in Ohio. If it’s just a rule change, like no frisbee playing in the common areas then no it doesn’t have to be filed with the city.

Yes you can ban dogs BUT you must allow “service dogs” this includes people that can get their doctor to write a note claiming that they require a dog for their peace of mind or to help with their nerves. And lets face it, it’s not that hard to get a doctor to do something like that. There are people who have fought associations over this and the association has been ordered by the courts to allow the dog and in some cases pay damages. If you put the keyword dogs in the search window at the top, you can find the various posts on this subject.

Studies show that 5 out of 4 people have problems with fractions

BrianB (California)
Posts: 2,820

Posted:

if the dog can be accomodated "reasonably", then your HOA will have to allow it. I can think of only a few, very rare situations where you could claim it would be unreasonable to allow a guide dog to live in an HOA.

BrianB (California)
Posts: 2,820

Posted:

And, you are not bound so much by the ADA, as you are the Fair housing act (if memory serves me). That act will require you to make reasonable accomodations for handicapped individuals, and prevent you from placing impediments to their ability to live in their home.

It's a small technicality, with the same results.

KathyS (California)
Posts: 145

Posted:

Depending on what State you are in, owners who already have dogs may be able to keep them despite your new policy. Also, add comfort animals to the list of dogs owners can have.

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