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RichardP17 (Florida)
Posts: 1
Posted:
I own a condo in Florida with an HOA. It is my second residence and I only spend 1-2 months a year at the condo.

When buying a condo we ensured we selected a condo that would allow my son and grandson to help take are of the condo during the months we werent there. Our son agreed to visit the condo once a month and stay for 1 night to check in, make sure everything was working properly, have it cleaned, etc... Our son has two dogs. Additionally, our grandson and his 1 dog visit once per year to check into the condo and also help take are of it. They never stay more than 1-2 nights. Their dogs are very well behaved and there has never been any issues with them, no interactions with other residents, etc... Unless they would pass another resident in the lobby or elevator you wouldn't even know they are there.

After owning the condo for 2 years the HOA now wants to put several pet restrictions into place. The new restrictions include language that says only owners can have pets live on premises (renters are no longer allowed) and that visitors are not authorized to bring pets.

Our son and grandson will not place his dogs in a kennel to visit the condo for a night.

We would not have bought the condo if we knew our son couldn't help take care of it.

Can the HOA legally enforce these rules? Are they required to grandfather this situation? What laws or recourse do I have?

Thank you. Rich
GlenL (Ohio)
Posts: 5,491
Posted:
If the rule or Covenant change is properly enacted then yes you would need to abide by it and no they would not have to grandfather your visitor's pets. The only way around it is to ignore the rule and pay the fine if any or place their names on the deed. You would need to check with an attorney but it could be done by a revocable trust or by incorporating the property.

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