vote for pets

Started by BonnieG1 • 5 replies • 1588 views

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

⚡ Takes 30 seconds

Already a member? Log in

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

The building is currently "no pets allowed" except small birds. At the annual meeting the owners voted to allow pets. At the board meeting following the annual meeting, a new board member who is a lawyer brought our attention to the fact that in order to amend the bylaws we need a 2/3 majority of the total undivided interest. The owners we had at the meeting did not total 2/3 of the undivided interested.
I have a problem with the way this vote was presented as he was presented as a vote to amend the bylaws. Since I can find no menion of animals in the bylaws, I don't think we can vote to amend the bylaws on this issue.
The Master Deed does give the board the authority to maked decisions regarding animals. I feel that since the board allowed a vote of the owners at the meeting, we need to accept the result of this vote.
We have owners with strong feelings on both sides of this issue. The vote was in favor of allowing animals. Please give your opinion. Thanks.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

By-laws are just guides to follow in a HOA. The actual governing documents are the Convenants and Restrictions. Sometimes a majority vote taken and placed in HOA meeting notes can subsitute for modifying by-laws. A lawyer once told us that too.

I would hesitate listening to a lawyer your HOA isn't paying for. Especially if he's in the minority vote. Modifying the By-laws is a lengthy drawn out process. It's just a good idea to update the documentation every 5 - 7 years anyways. This may be a good idea to use this as a starting off point in updating.

If the majority of homeowners are happy with the pet allowance then reflect that in the meeting notes and post it for all the members to have a copy. Members are the ones that make the rules in a HOA to live with.

Former HOA President

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

If pets were always allowed, there is no need to change anything.

Where did the no pets allowed policy come from? Is it just word of mouth?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Insurance companies do put limitations on Pets. Some have owners of certain aggressive dog breeds to pay extra. This can filter over to an HOA. A HOA may be able to put in restrictions for aggressive type breeds or certain farm animals. Our city doesn't allow chickens...

I had a renter who put a baby emu in my back yard. Was NOT aware of it until I came for a visit...Turns out lawncare was aware of it and refused to mow the backyard. This of course effected the condition of my home and common property.

So I do believe in certain pet restrictions regarding certain type animals and breeds. Exotics, farm animals, or aggressive breeds should be up for restrictions and enforced. Otherwise, let those who want animals to own them responsibility...

Former HOA President

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

Pets have never been allowed except for small birds. The Master Deed states it is at the discretion of the board from time to time make changes about pets. Not the exact wording, but I am certain that is what it means. The lawyer who is on the board simply read the provisions for changing the bylaws.
This morning we each have a note on our door explaining that since there were only 2/3 of the members present and it takes 2/3 of the owners to amend the master deed the no animal rule stands since there were some no votes. The note said this was determined by the board, but the first I knew of the letter is when I found it on my door this morning and I am the secretary. I knew the President and Vice President were working on it last night.
Of course I am backing up this letter and did I ever receive some nasty comments this morning. I was nuetral about allowing animals until I received such nasty comments. That has turned my mind against allowing animals in the building.

KcW (Florida)
Posts: 14

Posted:

If you had a pet that was half dog and half bird would they allow that? Or only let part of that pet inside your home?

Also, if you had a snake and the snake ate a bird for dinner. would they then allow the snake to stay? Its part small bird, no less.

🎯 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