CCR's and other HOA's..

Our high rise HOA's CC&Rs permit just two cats, dogs, or one of each. We have no size restriction on dogs and the majority of our units are 1036-1400 sf. All of the high rises in our urban setting seem to permit dogs and have no size restrictions. It was the same in an urban Chicago high rise where I lived & in that neighborhood.

We have no breed restrictions, but the Board has the authority to require muzzles or ban dogs that are vicious. In the 7 years I've been on the board, we haven't needed to do that.

What % of owners was needed to restate your CC&Rs? Owners voted to approve the items you discuss and the small minority who's "pushing back" had its chance to campaign against the revisions, yes?

A few years ago, we added to our Rules & Regulations that dogs & cats must always have free access to the units, i.e., may not be locked out of the unit or caged on the balcony. Our balconies are about 8X 13. As you may know by now, Nicole, in CA, it's pretty easy to add rules. See davis-stirling.com, Main Index, Rules.

Owners here sign a document prepared by attorneys that they will give a key to/or combination to door locks to management for use in emergency. These are kept in a safe. If they don't want to provide them, they sign to that effect. The statement notifies them that if the HOA must break down the door to gain access, the owner is responsible for repairs if that unit caused the problem (virtually always water). If the unit wasn't at fault, the HOA pays to repair any damage. If a bad leak, no one would wait for locksmiths, the police, etc. Only about 4 owners out of 211 haven't provided us with this access

CAROL.. Yes, the small minority has had it's chance to campaign, one of the owners has obtained the services of an attorney. However, this owner claims we didn't offer homeowner input, nor a forum to discuss. This is easily disproved by meeting minutes, sign in sheets etc. This owner never attended any sessions, town hall meetings or board meeting in over a year. He is not aware of what the board was doing but rather complained AFTER the documents were done and sent out.

75% of the ownership is required to approve CCR's. I was just curious about what other CCR's read. I find this whole process very interesting. BTW, the owner who has hired an atty is seeking the city max for pets.. 4. Glad I am not his neighbor.

If you legally conducted the election, e.g., secret ballots double envelopes, etc., to revise your CC&Rs, you shouldn't have any real trouble from this person. In many (but not all) cases, an HOA's rules can be stricter than the local codes. I'm sure your attorney who helped with the CC&Rs made sure everything was on the up & up. If you have doubts, go to davis-stirling.com, which I've suggested before, and look up elections.

Do you have a Grandfather Clause whereby anyone who had four dogs on election day may keep them even though your docs now say three? It would continue on to say that once there are three, the owner may not replace that fourth dog? Ditto the size restriction?

Registering oneself if owner-occupied, or one's tenants, is required by our CC&Rs. We sometimes have careless landlords, but our PM lets them know that they must register their new tenants. If the landlords refuse, we could call them to a hearing and possibly levy a fine. As you point out, phone numbers are especially crucial when there are attached units. We also record license plate #s because of our deeded underground parking set up in the registration forms.

The doc that our new owners sign is the: "Release Waiver and Indemnification Agreement." I'm not sure if its gist is in our CC&Rs,but might look it up later.

That is a great idea. I appreciate your response Carol. yes, pets are grandfathered as is a few other other things. I could not imagine asking anyone to get rid of a beloved pet because HOA CCR
s are now in place. Pets who are here stay as is for the extent of thier life.. although they are not to be replaced with pets if the amount in the over the approved limit. : )

To my ears, a yippy small dog is just as annoying as a woofing big dog. Anyway, our Rules & Regs state that incessant barking, which we sorta say is beyond 10 minutes, is not permitted. One warning letter is all it takes. We've only had to call someone to a hearing once in 7+ years because of his renters' barking dogs. Such violations have to be confirmed by staff in our HOA.

You could add this to your rules, Nicole. Check with your attorney or davis-stirling.com so that you do it properly.

But heavy footfall from a larger pacing dog--that's a new one!

Hi Nicole:

The issue possibly your HOA needs to consider is if you monitor this issue in your governing documents above and beyond what the local government allows … then your HOA is potentially liable for monitoring and any or all legal liability. If you allow less than what the city allows and if someone is not abiding … another owner who has issue can possibly sue the HOA. If you do not monitor and the HOA has the attitude of if you have an animal issue … follow city guidelines and contact the city regarding issues. The city then would have liability.

LOL … in my area the cities require all dogs must be on a leash, so why should and HOA have the same provision. What you need to consider is if an HOA implements the same or more stringent statute then if a dog is not on a leash and bites someone … that individual can then possibly sue the HOA. Also, do you want homeowners to complain to the HOA board constantly … or does the board want to be able to smile and politely inform owners that the HOA Board is not Animal Control and if they have any issue to please contact the local Animal Control Agency at xxx.

Also, if the owner in a Condo can "hear" nails of a dog just walking across a floor ... there is potentially something wrong with the barriers between the floors of the units (unless very old units which might not need to meet certain current building guidelines). To which that then is not the fault of the unit owner.