💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

DaleD (North Carolina)
Posts: 7
Posted:
Can my HOA (Which I am a board member) force our homeowners to buy a collar of our (the hoa's) choosing even if the homeowners dog(s) already have a collar?

The theory is, it makes the property managers job easier to ID and enforce current rules (which are not being enforced now that states only owners can have pets-n o renters can have pets).

I think this tends to punish the homeowner rather than the violator and the manager should do their job.
The other homeowners are providing unit #s and helping ID the offenders (renters) with pets.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Dale,

It just doesn't pass the common sense test. It might make the property mangers job easier but, in my opinion, it will also cause the members to look at the Association as if they went a bit overboard. Will the Association then make a rule saying children must wear orange shirts when outside? After all, it will make your PM's job easier to identify if the child abusing the playground equipment belongs on the property or not.

Your PM works for the Board and it's not the Boards responsibility to make things easier for the PM. It's the PM's responsibility to make it easier for the Board.

Personally, if dogs are already allowed on the property, I find it odd that everyone can't have a dog. If a renter doesn't obey the rules, the Association doesn't deal with the renters anyway. They deal with the owners of the property.

Tim
SheliaH (Indiana)
Posts: 6,964
Posted:
Well, how can the manager do his/her job if a pet is caught and there's no indication as to who it belongs to? Collars containing the owner's contact information (name, address and phone number) would take care if this, but the board doesn't have to specify a specific type of collar. The board could then say this will ensure the rules are applied fairly - and if there is no identifying information, the dog (or cat) will be turned over to Animal Control or the Humane Society.

If the current rules state only owners can have pets and no pets for renters, I agree this rule doesn't go far enough. The main issue is making sure pet owners behave responsibly, whether they rent or own the home. It would be better to pass specific rules that apply to everyone (e.g. all pets must be vaccinated, dogs must be leashed and under the owner's control when outside, owners must pick up after their pets, etc.)

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
DaleD (North Carolina)
Posts: 7
Posted:
Homeowners are supposed to check in the office when they purchase their condop and yearly thereafter, for pet tags-a small metal disc for their collar.
Some on the rules committee feel its too dangerous to approach a dog they dont know and want something other than the disc they can see farther away. No collar =must be a renter.
These renters have already been reported anyway along with bldg # and unit # if known and nothing has been done.

I think they are avoiding the problem and if they cant enforce what is on the books now, they wont when there is a new collar.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Dale ... go back to what your governing documents state. This is the rules everyone must follow and the property manager should be following along with all owners/renters. Most documents state all pets must be on a leash which would also mean they have a collar with said leash attached. If they are not on a leash and running wild, then the PM should just notify the local animal control to come pick up the dog.

The PM is making it more difficult on themselves than it should be and causing anger in the community when there already is probably a very simple solution.
DaleD (North Carolina)
Posts: 7
Posted:
Let me clarify- the problem isnt those owners without a leash, its renters who the bylaws state cannot have pets versus owners who can have pets being at the complex.
Renters are not allowed to have pets and there are a multitude of renters with dogs and cats living on the grounds.
They are trying to distinguish between renters and owners pets. The owners should have a pet tag provided by the office already.
The prop manager and other homeowners are afraid to approach other dogs they do not know so the collar would be seen from a longer distance and make easier to report if the theory.
I dont buy it because we arent enforcing what we have on the books now.
JanetB2 (Colorado)
Posts: 4,219
Posted:
If it is not in your governing documents that you must purchase said collar, then you should not have to buy. If it is required ... then you would need to abide by the rules.
DaleD (North Carolina)
Posts: 7
Posted:
being inserted into a "Rule Doc" for the hoa its not in the Bylaws but lots of things we are responsible for may not directly be in the bylaws either.
Either way, this is new rule being adopted.
DaleD (North Carolina)
Posts: 7
Posted:
being inserted into a "Rule Doc" for the hoa its not in the Bylaws but lots of things we are responsible for may not directly be in the bylaws either.
Either way, this is new rule being adopted.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Unfortunately as long as it is properly adopted following your governing documents with proper vote, etc. Then everyone will need to abide by the rule. There are some rules we all may or may not like; however, when we purchase in an HOA as long as everything is fair and equitable and usually because of majority vote ... unless maybe a statute or document states otherwise ... is essentially how we are governed.
MaryA1 (Arizona)
Posts: 388
Posted:
Dale,

Sorry, but I must ask -- why are renters being discriminated against by not being allowed to have have pets? What difference does it make if you're a renter or a prop. owner? Also are you certain this is in the bylaws and not a board-adopted rule? Frankly, restrictions are generally not in the bylaws, but rather in the CCRs or the board-adopted rules.
DaleD (North Carolina)
Posts: 7
Posted:
The pets issue is either in the condo docs or bylaws.

The new rule is about to be adapted just simply to make it easier for homeowners and the manager top report offenders.

The pet should already have a tag on their personal collar and I know of not one individual that has been asked to leave or be fined up to this point but we are adapting yet another rule.

The homeowners are wary as the current rules and bylaws arent being adhered to now and homeowners feel the folks following the rules are being punished rather than the actual offenders themselves..

The adopted rule will not be in the bylaws or condo docs- just a 'rule' approved by the board
DaleD (North Carolina)
Posts: 7
Posted:
Renters arent being discriminated against we never had this many renters prior to now.
This has been on our books (bylaws/condo docs) for 30 years.
Service animals are permitted of course. That rule is already being tested.

Some renters dogs are not respectful of the property, some breeds the hoa doesnt like, no way to track vaccinations, rabies etc with renters, rule already on the books against renters having pets as the founders knew they would not respect the property as well as the homeowners.

The hoa is the only one along the coast that even allows pets of any sort and this is the reason many purchased their unit.
DennisT (Ohio)
Posts: 109
Posted:
If something has been on the books for 30 years then that's all the more reason to have your documents reviewed by an attorney familiar with North Carolina HOA law. There are plenty of things that were in CC&Rs and Bylaws 30 years ago that are legally unenforceable today for a variety of reasons. Much better to find that out now than when you're on the receiving end of an expensive lawsuit.

I'll be the first to admit that I am not familiar with NC HOA law but in many states renters enjoy the same rights and privileges as a unit owner with the exception of voting as they are not members.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here