PETS

Started by LaverneB • 10 replies • 738 views

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LaverneB (Florida)
Posts: 79

Posted:

Our community just started letting pets in. There is no rules for size, kind,etc. No rules what so ever. I am aware that a service animals have to be let in. Does this new item have to be put in rules? in amendments?

TimB4 (Tennessee)
Posts: 21,059

Posted:

I know that Laverne has left the forum.

For those who may come across this question, the answer will depend on what is within the governing documents.

The covenants (CC&Rs) is where any pet limitation needs to be located in order to withstand a legal challenge.

The rules/regulations typically apply to common areas only.

If there are no limitations, then the HOA/COA has zero say on size, number, breed, etc. of pets.

JenniferG11 (Texas)
Posts: 667

Posted:

Our rules are where the size and type are stated.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By JenniferG11 on 02/11/2019 2:28 PM
Our rules are where the size and type are stated.

then it may or may not withstand a legal challenge.

GenoS (Florida)
Posts: 4,276

Posted:

I agree with Tim. Knowing how people are attached to their pets I think the proper place for restrictions is in the CCRs. Rules can be changed at the drop of a hat (usually) and you're better off with restrictions in the covenants.

JenniferG11 (Texas)
Posts: 667

Posted:

Quote:

Posted By TimB4 on 02/11/2019 2:48 PM

Posted By JenniferG11 on 02/11/2019 2:28 PM
Our rules are where the size and type are stated.

then it may or may not withstand a legal challenge.

Perhaps it makes a difference that I am in a condo. If you are correct that rules can only apply to common elements (something I don't agree with, but don't care to argue it) dogs here have to go on common elements.

Unless they are a tiny dog that can use piddle pads, but that would be cruel to deprive them of ever going outside.

We cannot have 17 cats either, even if they never go outdoors.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Jen

I think you might be missing the point. Typically Rules and Regulations can be changed by the BOD and the BOD alone whereas Covenants take a majority of owners (51% to 100%) to change.

Let us say I move into a Condo where there is a R&R against any pets as that is what I want. At the next BOD Meeting the BOD decides to remove that R&R thus any pets are allowed so all of a sudden there are Pit Bulls all around me.

At least if in the Covenants, it would take 51 to 100% of all owners agreeing to the change. The BOD alone deciding is capricious at best.

JenniferG11 (Texas)
Posts: 667

Posted:

Well, it can happen. We went from one pet only and a lower weight limit to a higher weight limit and two pets.

Three if you account for all the ones that would become ESAs if enforcement were to suddenly begin. ;-)

JenniferG11 (Texas)
Posts: 667

Posted:

Quote:

Posted By JohnC46 on 02/11/2019 4:49 PM
Jen

I think you might be missing the point. Typically Rules and Regulations can be changed by the BOD and the BOD alone whereas Covenants take a majority of owners (51% to 100%) to change.

Let us say I move into a Condo where there is a R&R against any pets as that is what I want. At the next BOD Meeting the BOD decides to remove that R&R thus any pets are allowed so all of a sudden there are Pit Bulls all around me.

At least if in the Covenants, it would take 51 to 100% of all owners agreeing to the change. The BOD alone deciding is capricious at best.

The BOD could also choose deliberately or through negligence fail to enforce. Without any changes made to the rules. Like ours has done for so long the argument could be made that they are not legally enforceable anymore, with so many here for so many years........

I didn't even know about the rule when I moved in. I had a cat only. When I got a dog, I had seen SO MANY large ones all over, I had no idea I needed to worry about that. I brought home an oversized dog from the pound. The manager guesstimated her weight and measured her height and said she's fine. She was a puppy. Not a baby, but not full grown. He knew she was going to grow bigger than 40#. (she was already 40#). Him stopping me to do that alerted me to the rule, but at the same time he said she's ok to be here.

Later I had a foster puppy (no way to know the breed) that looked like a Pit mix. The manager did say now that will not do when he saw her. 'That dog is a pit mix'. I said nope! The Vet says absolutely not a pit. She is thought to be a Border Collie mix.

What are they going to do, a DNA test?

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By JenniferG11 on 02/11/2019 4:21 PM
Unless they are a tiny dog that can use piddle pads, but that would be cruel to deprive them of ever going outside.

Completely and totally irrelevant.

JenniferG11 (Texas)
Posts: 667

Posted:

I understand that. I was illustrating that in a condo it's not possible to have a dog that doesn't go on any common elements.

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