Rules Enforcement

Started by LizanneG • 4 replies • 1425 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

LizanneG (<Not Specified>)
Posts: 7

Posted:

I am the president of an HOA that is currently in tranisition from the Developer. One of the issues we are facing is that during the developer control period, the developer granted certain exceptions to the rules (he gave himself the right to do so at his discretion in the governing documents), i.e., rules state no dogs over 40 pounds, but we have about 5 households with pets over that limit. They owned the animals before buying into the community and were permitted with the proviso that if they replaced their pet it would have to meet the rules.

Now that the developer is moving out of the picture, I do not believe that the current board has the authority to go back and enforce a rule against those individuals where the developer granted an exception.
I am also concerned this would open the association to legal action if we attempted to enforce.

Any thoughts?

JosephW (Michigan)
Posts: 882

Posted:

I think you're right, and I think trying to retroactively enforce a rule that the buyers' relied on from the person in power at that time, will mostly create additional problems. Just remind them, and the other owners, that it was an exception, and that the rules will be enforced as written (or changed - don't forget that you don't have to live with the rules or restrictions the developer's attorney wrote - maybe most of the owners like bigger dogs??). This will pre-empt the owner using the "but they got away with it" excuse successfully in the future.

Joe

Joseph West
Official HOATalk.com Sponsor
Community Associations Network, LLC
www.CommunityAssociations.net
*See legal notice below (end of page) or go to www.hoatalk.com/legal

RonaldW (South Carolina)
Posts: 901

Posted:

I've always wondered how a rule limiting the weight of a dog could be enforced. Can dog owners be required to bring their dogs in for a weighing once a year? Required to submit a weight statement from a licensed vet? Or would only dogs that appear to be over the weight limit be required to show proof that they’re not?

What happens to a dog that gets a little overweight after a few years (like many of us)? The owners are forced to get rid of the dog or move? And what if the dog is the sole companion of an elderly person? What if it's a service dog?

Anyone who knows me or has read my posts know that I'm in favor of enforcing the covenants as much as possible, but to me, this is an example of how poorly some of these covenants are written. If it cannot be enforced, it should be eliminated. A dog that causes problems can be regulated under a "nuisance" covenant.

Ron
SC

MikeS1
Posts: 668

Posted:

Good advice - We had a similar scenario within our condo. One of our board members (the president) decided to grant an exception to the 40lb rule to one of her friends that decided to rent out her condo. No she did not have the authority to do this and within 6 months, there were 6 other large dogs in our developement. The Condo association's attorney said that the president had created a nightmare and a precedent. After the President and her compadres were recalled, the new Board's solution (which worked very well) was to add another rule that required all owners to register their dogs and cats with the on site property manager. The Large dogs that were in the community at the time that the rule was implemented, were all grandfathered and the resident signed an acknowledgement that they were only allowed to keep this dog until they either moved or the dog died. The registration was a good idea since the on site engineer must enter some of the units for various maintenance reasons. When the engineer opens a condo with the owner is now home, it's always nice to know if the resident has pets (big or small). B.T.W. why is it that condo and townhome residents purchase Large Dogs? It's plain nutty! As far as I'm concerned it's cruel, since most of the dogs don't get walked properly. Good luck.

RonaldW (South Carolina)
Posts: 901

Posted:

It's possible to ban dogs (or cats or birds, etc.) altogether as long as you don't try to force someone to get rid of an existing pet. Banning altogether is enforceable, regulating them by weight is not. Banning would be reasonable in a condo but not in a single family neighborhood.

And again, what about a "service dog"? They are probably over 40 lb.

Ron
SC

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here