'Outside pets' defined??

Started by SteveB14 • 6 replies • 1511 views

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SteveB14 (Maryland)
Posts: 10

Posted:

Hi.

As with most HOA's, our CCR's also have a pet limitation. The issue is how it is worded. Here goes:

8.13 No animals or livestock of any description, except the usual household pets (excluding pigs and reptiles), shall be kept on any Lot. Each Lot shall be limited to having two (2) outside pets.

Okay, so is "the usual household pets" referring to the next sentence ("Each Lot shall be limited to having two (2) outside pets")? Have any of you heard this 'outdoor pets' defined? Or even seen this exact expression in any CCR?

I am assuming it is one and the same. The reason I'm asking? As Secretary, I have complaints that one of our members are breeding dogs, and not just a couple. More like 8, from the complaints. And they do make noise. However, they do stay inside.

Just looking for a standard here. Any help would be great. Thought I'd go to the Developer, who is local, to ask him where he came up with it, or if it's from a 'template' HOA document.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Steve

Interesting question.

I have two "house cats" that have never been nor ever will be "outside" the house so based your wording, they do not count.

SteveB14 (Maryland)
Posts: 10

Posted:

Logically, that makes sense. What I'm wondering is, why is it worded like that? Why the restriction to 'outside pets'? If any or all have to be on a leash (dogs), then why would an HOA have a issue with an unlimited number of pets? Is it noise? (Cats don't bark a lot). Just would like to know why this specific wording...

TimB4 (Tennessee)
Posts: 21,061

Posted:

It's a new one on me. We could suppose this or suppose that. However, the reality is that unless the writer is available to explain it, you will likely never know.

Is there an issue that brought this language to the front burner (so to speak)?

LarryB13 (Arizona)
Posts: 4,099

Posted:

In the last few months there was a discussion thread on this forum that included a link to a court opinion. I do not recall what the thread was about but possibly vagueness in the CC&R's.

In that thread was a link to a court opinion regarding keeping Nigerian dwarf goats. The court held that pets and livestock are not the same in that livestock is animals raised to be sold and pets are for companionship. The court further held that a household pet does not necessarily have to live inside the house.

NancyG3 (North Carolina)
Posts: 342

Posted:

"I have complaints that one of our members are breeding dogs, and not just a couple. More like 8, from the complaints. And they do make noise."

Are you asking to find out how to handle the complaint you received? If so, are the 8 dogs outside or inside? If you want to write this person, check your CC&R's regarding nuisance and if businesses are allowed. You could possibly check with your town, county, city or state laws. Good luck.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

Posted By SteveB14 on 06/23/2014 7:01 PM
Logically, that makes sense. What I'm wondering is, why is it worded like that?

Why did developers add in a certain rule? HAH, who the heck knows. You will never know unless you ask them, if they are still alive.

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