Allow dogs at condo?

Sounds like a covenant, not a rule. If it's a covenant, then the board does not get to decide this.

Our condo is two stories high in a somewhat suburban-like neighborhood. We don't really have much lawn/grounds there though.

I am on the board. It feels uncomfortable to me to go against a board member and neighbor. I guess he knew the rules when he moved in but I imagine it would be hard to have to get rid of your dog.

With all due respect, if you're unwilling to do the right thing and either (1) enforce your covenants and rules & regulations, and (2) properly make changes to the covenants and/or rules.... then you should seriously consider resigning from your board of directors.

Excellent. This is way helpful.

My take:

First, the rule (not covenant) flat-out prohibiting dogs is likely unlawful. I write this based on a lot of reading. But let's see what others say here.

Second, your board can lawfully change the rule. In my opinion what it should do is add several rules about what is required to own a dog. For example:

Barking that becomes a nuisance can and will result in fines against the owner. [Assuming your documents allow fines.)

All dogs must be on a leash at all times when in the common areas. No exceptions, ever.

All dog solid waste must be picked up immediately after emitted. Failure to do so will result in a fine of $1000 per incident. No exceptions.

Thank you.

I do not think so. But I do have the feeling that several of the beloved veterans here at hoatalk are not reading your responses.

If you hang in there, I think the discussion will start to sort itself out.

I stand by my position that the Board is violating the covenants when it flat-out prohibits dogs.

Does your board have an attorney it can consult on the point?

Yes: The courts and often state statutes says that board-created rules that violate the covenants are unlawful.

There is a hierarchy of HOA laws that goes roughly like this:

Federal laws
State laws
Municipal laws
HOA Declaration of Covenants
HOA Articles of Incorporation
HOA Bylaws
HOA Rules and Regulations

The reason the Covenants (= Declaration; same thing) trumps the rules and regs is because the courts view covenants as contractual terms that all owners agreed to when they bought into the HOA. Per the terms of each Declaration, Covenants may only be changed by agreement of a majority or super-majority (depends on the HOA) of the HOA owners.

Your Declaration should state its own amendment procedure. Nationwide, typically the Declaration may be amended only by a 2/3rds or higher vote of all owners. Check your Declaration to see the exact number required to amend the Declaration.

The above is my interpretation, based on reading quite a lot of case law. The wording used in this covenant is not legally trivial. Your board and manager are treating it as legally trivial. They are naive.

You got it; that's how the courts would see it too. (I think the courts would review the case law and say a lot more indicating its displeasure with the board's "reasoning.") At best, one might argue that the statement "household pets may be kept..., subject to Rules and Regulations adopted by the Executive Board" is ambiguous. When a contractual term is ambiguous, the courts rule in favor of the party that did not write the contract. Or specifically when it comes to covenants, when the covenant is ambiguous, the courts rule in favor of 'free enjoyment of property.' That means doggies are welcome at your condo, subject to reasonable rules made by the board. (I am not even a dog person. Though I like playing with my friends' dogs. Plus I profane the nuisance of dog barking.

To read the statement "household pets may be kept..., subject to Rules and Regulations adopted by the Executive Board" as saying the Executive Board may simply create a rule saying, "household pets may not be kept. Sorry suckers... " is unfair.

The past 20 years has seen a lot of HOA case law about political signs. In many states and HOAs, the bottom line is that political signs are allowed, but the HOA/condo may regulate them. Does this mean the HOA/condo can, via "regulation," prohibit signs? No. Where political signs are allowed, it means the HOA/Condo can make /reasonable/ rules about signage, pertaining to size or where they are displayed, but not flat-out prohibit these signs.



The board should be in charge of hiring a HOA/condo attorney. The management company need not be involved at all.

Based on your management company's (frankly) ignorance about the covenants, I would not use it as a source of advice on the issue of dogs at your condominium.

I am dumping a lot of law on you all at once. What I advise is that you say to this board the following:

-- I understand the covenants trump the rules and regulations.

-- I believe the covenant on household pets does not allow the board to prohibit any household pet, including dogs. Look, you can't say, "household pets may be kept" in a controlling document like the covenants and then write a rule that says, "household pets may not be kept."

-- I believe the covenant on household pets allows the boards to regulate the presence of household pets. Here are the regulations I understand are common for condominiums: [List what KerryL1 and others suggested, where they are applicable to the design of your condominium.]

I could care less who is a dog owner and who is not. I am interested in complying with the covenants.