Can HOA add a rule about number of dogs and weight and enforce it if it wasn't there when you purchased

Started by TammyM4 • 4 replies • 1162 views

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TammyM4 (Florida)
Posts: 1

Posted:

We purchased a condo in Florida in 2012. At that time there were no dog/pet limitations. We had 2 dogs at the time, a german shepherd and a chihuahua. This is our second home so my husband and I are not here all the time but my daughter moved in to the condo after college and has a german shepherd and we saved another small dog so we are now temporarily with 4 dogs until my daughter can get more stable with a job and money move out on her own. Our dogs are very good dogs and very loving and playful. The chihuahua I would say is the more dangerous one but still nice and none of them would ever bite or hurt anyone unless to protect us. The HOA President is here from time to time as well and has a medium size dog. They do not like my daughters dog and our dogs sense it so when they see them with their dog they bark. We try to avoid taking our dogs down when we see them but I swear they bring their dog out when they see us down with our dogs.

Now they are having a special meeting about limiting homeowners to 2 dogs and no "dangerous dogs" including german shepherds to the list. Can they enforce a new law if it wasn't there before we purchased the condo? Can we be legally grandfathered in to the rule if it wasn't there when we purchased? My husband is VP of the HOA Board and there are only 3 members on the board. Can he insist on it going to homeowners approval? What are our options and what legal actions can they enforce if the rule wasn't there when we purchased?

SheliaH (Indiana)
Posts: 6,964

Posted:

Condo community rules are fluid - just like anything else in your life. Just because something wasn't there when you purchased doesn't mean time doesn't change circumstances to warrant a change. The opposite is also true - you may have a rule that needs to be tweaked or dropped altogether because it's no longer applicable to the times. Federal, state and local laws also change and a smart condo or HOA will review their documents from time to time to ensure they don't contain anything that's not conformable.

When rules are changed, many HOAs and condos will grandfather in homeowners, depending on the circumstances - it's the fair way to deal with things, but this doesn't always happen. Changes to the CCRs and Bylaws do require homeowner approval, so this isn't necessarily a done deal yet. What you need to do is go to that meeting and listen to your neighbors and also speak up for yourself.

You don't say how big your condo is, but you have to admit 4 dogs in a high-rise condo is a bit much. You may also think your dogs are "nice" and maybe they are, but some people are deathly afraid of dogs, regardless of the behavior. Dogs being dogs can be noisy and then there's always the poop issue. I'm sure you are a responsible dog owner, but you also know there are irresponsible owners out there that make it difficult for everyone else. Since you do live in a space where people share common areas, you have to be willing to share. You may want to ask people point blank if they have any issues with your animals to see where all of can compromise. I know you want to help your daughter, but it may be she'll need to place the dogs with a friend until she gets on her feet and can move to her own place.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

TimB4 (Tennessee)
Posts: 21,059

Posted:

Tammy,

If they amended the CC&Rs, yes they can enforce such a covenant.

If it's simply a resolution (something decided by the Board only), you may need to take the issue through the courts if you can't compromise.

TimB4 (Tennessee)
Posts: 21,059

Posted:

The proper & enforceable way is to amend the CC&Rs.

GreggT (Florida)
Posts: 77

Posted:

It is my understanding that on this type of rule, in order to amend the CCR's you must have 100% affirmative vote. The board can pass a rule but it only applies to those that purchased after the rule was recorded. This is in Florida.

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