Renters vs. Pets

Started by CynthiaL3 • 6 replies • 1516 views

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CynthiaL3 (Florida)
Posts: 20

Posted:

Renters vs. Pets

In my 90 unit condo complex, the owners who live on the premises are allowed 2 domestic pets.

If the owner rents out his condo, our by-laws state, NO RENTERS are allowed any kind of pets.

Is this frequently done? The longer I think about this restriction the more I question it's legality. Does an HOA have that kind of power to restrict renters from having any pets at all?

I keep wondering if this is not the owners decision to make, allowing his renters to have pets, and then the renters would have to abide by our by-laws of only 2 domestic pets allowed. I would like to see this changed to allowing renters 2 domestic pets, just like owners who are living on the premises are restricted to. This is a very heated issue here.

I always enjoy any feedback.

LarryB13 (Arizona)
Posts: 4,099

Posted:

So a tenant moves in with 2 cats. The board issues a notice of violation and this is sent to the owner. He responds, "I am allowed to have 2 cats in my unit so I am not in violation." Unless the association has the power to act directly against the tenant it will have a problem enforcing this rule.

You mention that this restriction is in the bylaws. Is there anything addressing this in the CC&R's? Since the CC&R's define property restrictions and bylaws generally define how the association will operate and how it will manage its common elements, the no-pet rule may not be enforceable.

NancyG3 (North Carolina)
Posts: 342

Posted:

Cynthia - Check your By-Laws and see if they have a section that reads: In the case of any conflict between the Articles of Incorporation and these By-Laws the Articles of Inc shall control; (this is the important statement)"and in the case of any conflict between the Declaration and these By-Laws, the Declaration shall control." This s the very last Article in our By-Laws. This could solve the conflict. Hope this helps.

BrianB (California)
Posts: 2,820

Posted:

quick and dirty answer, yes, the HOA does, because it's a contract between two parties, freely entered. Discrimination based on pets is legal, (owning pets is not a protected class for discrimination complaints) so there is no illegal activity going on between the two parties to the contract.

Parties to a contract may put in any clauses, restrictions, actions, etc. they wish, as long as they are not illegal, prior to entry into the contract. The other party is free to not sign the contract. However, once signed, then yes, the contract can be viewed as binding.

enforcing it... that's a different matter.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

CCRs trump By-laws

if CCRs allow 'delegation' to lessees and members are allowed two pets then any (further) restrictions become a matter between the landlord and their tenant ONLY

CynthiaL3 (Florida)
Posts: 20

Posted:

Many thanks to the responses on this. I was up until 0400 AM reading over our documents, CCR's and looking over the suggested pool guidelines in the State of Delaware, as suggested.

CynthiaL3 (Florida)
Posts: 20

Posted:

Quote:

Posted By CynthiaL3 on 08/01/2012 3:55 PM
Renters vs. Pets

In my 90 unit condo complex, the owners who live on the premises are allowed 2 domestic pets.

If the owner rents out his condo, our by-laws state, NO RENTERS are allowed any kind of pets.

Is this frequently done? The longer I think about this restriction the more I question it's legality. Does an HOA have that kind of power to restrict renters from having any pets at all?

I keep wondering if this is not the owners decision to make, allowing his renters to have pets, and then the renters would have to abide by our by-laws of only 2 domestic pets allowed. I would like to see this changed to allowing renters 2 domestic pets, just like owners who are living on the premises are restricted to. This is a very heated issue here.

I always enjoy any feedback.

UPDATE: In our CC&R's, it is clearly stated, that RENTERS can NOT have any kind of pets!! Much to my surprise. OK, on to the next issue to get clarity on!!

Thanks again for all the feedback.

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