Hi Mike … I really did not think you would, but also want to make sure others reading consider the ramifications after Brad mentioned the subject of service animals. Sometimes there are owners who get stubborn in wanting a certain regulation and do not consider the big picture consequences. If I did not point it out then possibly another HOA would unfortunately pay for a costly mistake down the road.
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Posted By JohnC46 on 03/01/2012 10:29 AM
A pet fee charge is quite common in some hotels, apartment rentals, etc. Pet limitations are quite common in HOA's.
Where pet fees are more common is the mentioned “privately owned” businesses. The issue HOA’s run into is they are non-profit associations and regulations are essentially supposed to be “all for one and one for all”. The problem you run into here is it is not equitable and when you cross the equitable line is when most battles begin.
While some associations are now trying to implement, I would imagine in the future this will only make legislatures start passing more statutes. Remember in the past there were HOA’s who denied flags and various state legislators fixed that wagon, you had HOA’s not allow signs and various state legislators again fixed that issue, etc. Figured it was a matter of time on the signs after the US Supreme Court ruled I think it was 1994 that cities could not regulate non-business signs (it violated citizen’s constitutional right to express themselves). I know we all get the argument that an HOA is a private contract; however, as noted with new statutes on flags, signs, etc. it should start all of us considering that fine line we in HOA’s walk and whether or not to cross regarding certain citizen rights.
Mike, I want to commend you on discussing with the pet owners. Too many HOA’s charge ahead on an issue, without making sure they have the proper troops behind them. If you get the majority on board ahead of time then it potentially will eliminate any battles concerning the issue. I am a pet owner and I agree with your homeowners and Brad that a few individual with no morals and ethics tends to unfortunately spoil it for others. Just think if it was not for those type individuals we would not have so many civil laws throughout the land.
LOL … Kathy per your “I am now on the Board, and had I known what I know now, I would have skipped dealing with the Board and videotaped the dogs using our lawns and let the city fine them $2000.” I let neighbors know to pull out that darn cell phone most everyone carries now with photo and/or video and send it to the appropriate government agency with the address of the perpetrator. You know that saying “Pictures worth a thousand words.” Why should the HOA be legally responsible for ordinances already covered by the local government agency?