Maximum number of dogs allowed by covenants

Our Restrictive Covenants allow "dogs, cats or other household pets, not to exceed a total of two (2), only one of which may be a dog." A homeowner moved in with one pet --- a dog --- which is an emotional support animal under FHA/Section 504. He has a prescription form from the doctor, which he will provide.

Then a few months ago, he added another dog to his household, which exceeded the number of dogs allowed by the covenants. He responded that he does have two dogs, but one of them is an emotional support animal.

My contention as a board member is that his first dog was presented to us as the emotional support animal. The second dog violates the covenants that prohibit more than one dog.

The other board members want to seek legal advice because they've heard somewhere that emotional support animals are not classified as "pets" so technically, the homeowner is in compliance with the restrictive covenants because he has only one "pet" and that's the new dog he added a few months ago.

Can we legally require this homeowner to remove the second dog, since he already has one dog, which is his service animal?

As it now stands, they have one pet, the second dog they acquired. Don't waste association money on an legal opinion.

I actually think you have an "unfair" Covenant. There are no many dogs and cats that actually get allow with one another. In addition, many people my wife, are allergic to cats, because of the shedding of hair. We have two small dogs, both hypoallergenic.

It sounds cleverly worded ...the intent seems to be to limit to one dog or cat 🙂

Cleverly worded, REALLY?

This is not a rule; it is a covenant recorded at the court house and referenced in the deed to every property in our townhouse development. Years ago one of the owners who wanted to add a second dog spearheaded a movement to get the restrictive covenants changed to allow two dogs. The covenants and bylaws require that a two-thirds majority of the homeowners must approve any amendments to the restrictive covenants. A homeowners' meeting was held to discuss the proposed amendment and a ballot was mailed to all homeowners, but the proposed amendment failed to pass because there were not enough affirmative votes returned.

The board has to frequently address problems with dogs in our community: barking, pet waste not picked up, improper storage and disposal of pet waste, unleashed dogs, dogs lunging at people, etc. All cats must be indoor cats, and we have no problems with cats.

The issue here is that ESAs are legally not considered pets, and therefore the homeowner's ESA does not count as a pet towards your HOA's limitations. They could get a cat and a second dog and still be in compliance. Plus, it sounds like they've covered themselves as far as documentation goes. Your covenants cannot supercede federal law.

Our covnenants allow 2 dogs, 2 cats or 1 dog & 1 cat in our l elevator building. Most condos have two occupants. Many residents have dogs and those who do often have two dogs.

So...what most are saying is if a condo here has 2 ESA dogs, they could also get two dogs, right?

Not everyone's the same :-)

I like dogs - one dog, that is, at a time ...

Dogs that bark incessantly - not at all.