NUMBER OF DOGS IN AN HOA VS. CITY

Oh, Mandy, it is all in the BOD hands, am sorry to say. Perhaps you could just sit down with them and ask if there is anything YOU can do to get their approval?

Mandy,

It is sad that you have to go thru this and you have given it your best try. Unfortunately, the Board has voted and they have a duty to enforce the rstrictions, no matter what. Other residents would call the Board on NOT enforcing the rules if they would grant you a variance so they are bound to make the right decision even if it not what you wanted to hear.

I have 2 rescue dogs and my heart would break if I had to get rid of them so I understand your sadness. You really no longer have a choice but to follow the restrictions now.

mandy, can you post the exact words of your CC&R's about dogs?
that might help us understand the words, terms, conditions, etc..

i own this place... didnt know that i couldnt foster when i bought it because it says two domesticated animals per unit unless more is authorized in writing by the BOD. so i asked for a third. and they said no because if they allow it for me they have to allow it if someone wants 3 pitbulls. my dogs are never over 20-25 lbs, ever! they are hardly pitbulls and are usually shihtzus, or like breed. i KNOW there has to be a way around this.. unfort. with the economy i cannot afford to move right now..... or id be long gone!

my dogs are well taken care of, always on walks and never ever a disturbance to anyone. i always pick up their excretions and always abide by the HOA rule to utilize a leash when outside my condo. i dont think im asking that much~

no sorry, maybe i was unclear they sent me a 30 day notice to get my foster him out

Mandy,
I have an idea. Would most of your neighbors sign a letter (petition) asking the Board to approve the third dog?

i wish. i know SOME would but i dont know many of my neighbors. i know a lot are dog lovers but i really only know 2 of my neighbors.
i suppose it wouldnt hurt trying this? i did think of this in the past but thought the bod would find it irrelevant??...

We have a tendency to forget although the HOA BOD is in charge, they are representing the entire community. If you can provide support with a signed list of approving neighbors this may help you.

Also, they can not ask you to remove any service animal. As silly as this sounds, it does not mean you need a seeing eye dog. A pet deemed necessary for therapy , for example... as it sounds, a pet that is yours because of a nervouse disorder, or a companion therapy pet can be argued.

It was argued and stumped our board. Legally ANY therapy animal can not be asked to removed... look and see if you can get your pets approved for therapy including companion therapy for you,or a local organization.. including nursing homes, and hospices..

Use this approach, but I suggest you check your local city laws.. as our superceeds our HOA. Our board was threatend with a suit to back off a woman who had a large therapy dog... guess who backed away??

so you think i can get away with THREE therapy dogs? LOL How was it argued? In letter form?

Yes, see i have my 2 personal dogs which are allowed but i am a foster mom for a small dog rescue and periodically will have a third... or possibly indefinately no one ever can predict how long it will take a foster to be adopted. They said I can have my 2 dogs as CCRs state but a 3rd they wouldnt put in writing bc they are afraid about having someone request this with large dogs.
Werid thing is, 2 of the 4 BOD have dogs. And one that does not voted yes in favor of this; the other 3 said no.. ( i believe my count is correct on the # of BOD members)

Mandy...i would be careful using the therapy dog argument. Federal ADA laws were recently changed and tightened the regulations on service animals. As it relates to dogs they provide a bonafide service such as seeing eye dogs, seizure dogs, etc. The days of this dog is used for emotional therapy or emotional support are gone unless you have this documented by a professional.

As a former Board member, I am cringing at the route this post has gone. One of our wise people here has suggest that Mandy get a petition signed by some of her neighbors to say that the extra dog is okay with them and to present it to the Board.

How many times have we argued that one variance is like opening up a keg of dinamite? How can an extra dog be allowed for this person and then not for other residents? How can that not be selective enforcement or the covenants?

I love dogs, I love Mandy for loving and rescuing dogs but her extra dog is illegal and the Board has told her so. Bottom line.

I BELIEVE THAT IF THERE IS A WILL THERES A WAY. AND I WILL DO ANYTHING IT TAKES TO GET THIS APPROVED. THEY CAN ABSOLUTELY AUTHORIZE IT FOR ME WITH STIPULATIONS. MAYBE A 3 MONTH TRIAL OR SOMETHING TO SEE THAT IM NOT HARMING ANYONE. I HAVE SMALL DOGS. THE STIPULATION CAN BE THAT I DO NOT EXCEED 3 AND THAT THEY ARE NOT CAUSING A NOISE DISTURBANCE NOR ARE OVER 25LBS IN SIZE. AND THAT I AM DILIGANT ABOUT PICKING UP AFTER THEM. CITY ALLOWS 3 WHY SHOULD HOA DETERMINE THAT I CAN ONLY HAVE 2? :/ WHATS THE WORST THEY CAN DO? CHARGE ME MONITARY FEES? OR KEEP SENDING ME THESE LETTERS AND I CAN IGNORE THEM? PROBABLY THEY CANT VERY WELL PUT ANY LEIN ON MY HOME OR ANYTHING IF I PAY THE FEES THEY CHARGE FOR HAVING THESE FOSTERS?

As a former Board member, I am cringing at the route this post has gone. One of our wise people here has suggest that Mandy get a petition signed by some of her neighbors to say that the extra dog is okay with them and to present it to the Board.
How many times have we argued that one variance is like opening up a keg of dinamite? How can an extra dog be allowed for this person and then not for other residents? How can that not be selective enforcement or the covenants?

__
Donna, perhaps you cannot read what the OP said and I am not suprised, not any more. Here is the quote:

‘My CCRs say 2 dogs unless more are permitted in writing by the board.’

And, I do not know whom you call 'one of our wise people'. Who do you think you are?

Not necessarily, not all doctors are unethical

I think we are all overlooking one thing, are all 3 dogs service animals? Highly doubt that would ever happen...if I am on the board I am telling her that if she needs a service animal that one of her two allowed dogs would be that and one of them still needs to go

I have to agree with Donna. It seems that many of the responses are suggesting ways to try to get around the rules, when it is obvious that the OP was aware of the rule, requested an exception to the rule as required, but the request was denied. If this rule is being fairly enforced within the community, then the Board is abiding by their fiduciary responsibility to the community and the OP should abide by the rule.

i wish i knew if the CC&R's said "own" or "have".

This part is incorrect.

{This post is repeated because part was left out in previous post.)

(Emphasis mine)

"Inquiries. A public accommodation shall not ask about the nature or extent of a person´s disability, but may make two inquiries to determine whether an animal qualifies as a service animal. A public accommodation may ask if the animal is required because of a disability and what work or task the animal has been trained to perform. A public accommodation shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal."

I wonder why have a clause in your Documents, “2 dogs unless more are permitted in writing by the Board” if the Board is going to respond “no because if they allow it for me they have to allow it if someone wants 3 pit bulls”.

MandyL, would you be willing to post the letter you wrote to the Board (leaving our identifying information) asking for permission.

Based on what you wrote in that letter, maybe someone here can help you write, or edit, a follow-up letter to the Board asking if they would reconsider.

Maybe along the lines you have suggested in your posts, with stipulations, maybe a 3 month trial, emphasizing, never a disturbance to anyone, always pick up their excretions and always abide by the HOA rule to utilize a leash when outside my condo, etc.

HERE IS THE LETTER I WROTE THE BOARD- (I DELETED THE NAMES OF MY PETS/RESUCE BELOW)

Dear Esteemed Members of the Board,

As you are already aware, a situation has arisen concerning my involvement in a volunteer
organization for rescuing shelter dogs. lwrite to you today in order to explain the extent
of my involvement and to hopefully gain your approval for these pets to remain in my
home.

Firstly I would like to state that I have two dogs of my own, NAME and NAME, both of which I
rescued from shelter organizations similar to the one for which I volunteer. NAME came to
me with a genetic disorder after being adopted just to be returned to the humane society
and Star has a chemical burn on her eye from her abusive and negligent owners. She
stopped breathing the night I brought her home just to find out that she had pneumonia
and was hospitalized the next day. These two are my personal pets and will remain in my
care for the duration of their lives, as is within my rights as a resident of this community.
The matter in question however, is not concerning the aforementioned pets. As I
previously stated, I am a member of a volunteer organization entitled NAME.

NAME is a rescue program that finds foster homes for dogs who are sentenced to be
euthanized. A foster home is where you open your house to animals in need of a
temporary home. This pet will stay with its foster until either a permanent home is found,
or other arrangements are made for this pet to be fostered. The foster caretaker becomes
fully responsible for its care; this includes grooming, feeding, cleaning up after them,
taking them to the vet as needed and taking them to any adoption events or meetings as
requested. Fostering a needy pet is one of the most important things an animal lover can
do. lt's also an emotional, often life-changing experience that isn't for everyone-even for
those who can do it. Not everyone has the extra time and energy to dedicate to their
rehabilitation. Because of my love for animals and the compassion with which my heart was
filled when lfirst became aware of NAME, I registered to become a foster caretaker for
such dogs.

NAME believes that every abandoned, owner surrendered and/or shelter
dog deserves a second chance at a wonderful life. This includes seniors who have been
dumped because they have grown "too old," sick and/or injured dogs in the shelters that
have been left to die...and the special needs pups who need extra tender loving care.
NAME motto is: "the more you give, the more will live!"

As you may imagine, such a commitment entails various responsibilities, and as a foster
home provider, lam required to bring the foster dog home to ensure his safety and
wellbeing until an adoptive family can be found. While the dog is in my care, lam
responsible for making him "adoptable." What this means is spending time with him and
teaching him the proper social behavior for a dog (i.e. play fetch, walk on a leash, ensuring
he is housebroken, etc). In addition, ltake him every weekend to "adoption days," where
the public is invited to adopt a dog. The goal is for these foster dogs to become adoptable
as quickly as possible and ultimately to be adopted into a loving home. As a foster
caretaker, my goal is to learn as much as possible about this animal to determine what
type of home will best suit their needs. For example, I need to know if he is very active or a
couch potato? Is he socialized with other animals? The information I gather about each
foster dog is invaluable to ensuring that he/she is matched with the right family.

My current foster, Chance, was on his last day in the shelter when my rescue was called
and asked to take him prior to being euthanized. NAME agreed to take him only because
there was an available foster home. I picked him up and he came to stay with me, where I
have worked with him in needed areas. He has become a very good dog who fully
deserved a 'chance', hence his name. Chance was severely beaten and has renal dysplasia
(inherited developmental abnormality of the kidneys), which will severely decrease his
lifespan. lwas determined to assist in helping him get the home he deserves to live out his
golden years. I have housed foster dogs which were blind, deaf, abused and emaciated.
Nadia, a previous foster, for which I was successful in finding a loving home came from her
previous owners who bred her until she was too old and then dumped in the shelter after
taking her last litter.

Questions have been raised in regards to the duration of the foster dog's stay;
unfortunately, I am not able to give you a precise answer. This is because there is no
guarantee on how long it will take for someone to come along and request to adopt a
particular dog. What I can promise is that I will only care for one foster dog at any given
time and that while they are in my care, they will be well behaved and on a leash. I will
walk them only in designated areas and will continue to make certain to clean up after
them.

Shelters across the country are overflowing with adoptable animals, but in the absence of
available foster homes, many have no choice but to resort to euthanasia. Thus far, I have
complied with the regulations of your Association and I respect your position to enforce the
rules set forth by your committee to your residents. lt is my understanding that I am
allowed to care for an additional pet if I am granted permission in writing by you, the HOA.
It is this permission that I ask in exchange for my assurance that I will never have more
than three pets at any given time (my two plus one foster). That said, I can ensure tl4at
these pets will not be a nuisance to the community. I am happy to negotiate further terms
and conditions in order that I may be able to continue my involvement as a foster
caretaker for these unfortunate dogs, should you require this.

I hope to obtain support from the community and Association, as I would like to retain my
commitment to helping foster pets find loving, permanent homes. I am in hopes that my
dedication and determination will derive community awareness of this issue and gain
support for this cause, rather than be reprimanded.

I trust that the information provided above is satisfactory in explaining my position. I
would sincerely appreciate your careful consideration on this matter. I am happy to
answer any further questions you may have. I look forward to hearing from you at your
earliest convenience.

Thank you for your time.

Mandy,

I know that I am not stumped and I have read your loooong letter. I give you credit for giving this request every shot that you can. I posted that I think that your Board has decided to follow the covenants and has denied your request. Not much more to say except thank you for being a good person to animals.

Mandy,

I agree with Donna. Your letter did a good job of pleading your case. However, your Board decided not to grant you a waiver to your covenants.

I would suggest that you might want to request a waiver again after your next election. There may be new members of the Board and it's possible that they may give you the waiver you request.

Tim

‘As a former Board member, I am cringing at the route this post has gone. One of our wise people here has suggest that Mandy get a petition signed by some of her neighbors to say that the extra dog is okay with them and to present it to the Board. ‘ (Donna)
__
Yes, it was me who suggested a petition asking the BOD to reconsider. Let’s keep in mind Mandy said that every owner can have two dogs BUT the third one has to be approved by the BOD. If true, there is no conflict with the Covenants and the Board certainly has the authority to approve it. I do hope you agree to that. And there is nothing 'wise' about the petition suggestion. Done all the time.

I agree with BrianB who requested a quote from the covenants and for a good reason. Is it possible Mandy is not reading the provision correctly? Yes, but we do not know that.

MandyL,

As others recently posted, we need the exact wording of the “Pet Rules” from your Documents.

And (even more important) the exact words, from your Documents, that speak to allowing the Board to allow additional pets beyond “the limit”, if requested.

OK, I just read that you will post when you find your copy of the Rules.