Using pet for commercial purposes

Started by KaelynR • 9 replies • 290 views

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KaelynR (Minnesota)
Posts: 4

Posted:

I’m sorry if this question has before but what does it mean when the hoa rules state “no pets/animals may be used, bred, kept, or maintained for commercial purposes?Obviously I know it means no breeding, but it’s the “used, kept, or maintained” part that I don’t understand.

I work at a small pet store. The owners of the pet store want to make a tv commercial. The owners want a dog in the commercial and since they don’t have a dog of their own (theirs died a little over a year ago), they asked me if I would like my dog to be in the commercial. I would love it but my mom thinks it’d be breaking hoa rules. (I do live with my mom.) She thinks it’s using a dog for commercial purposes and she’s afraid of getting fined. She’s mostly worried that we will get fined every time any hoa board member sees the commercial on tv. Our dog does have unique markings so he’d be easily recognizable on tv. The commercial will be taped at the pet store which is 7 miles away so it’s not on hoa property. So basically would I be breaking the rule if I let my dog be in the commercial?

MichaelT21 (Arkansas)
Posts: 462

Posted:

Kaelyn,

Your described purpose of the pet would never be an issue to any HOA that I know, and you should be fine. To be sure, you or your mom should write to your property manager and ask the question, and they will tell you for sure. It sounds adorable and I am sure that they would be supportive.

Yes, the rule is in place to prevent breeding of animals. I really can't fathom any other situation that the rule would apply to.

AugustinD
Posts: 1,027

Posted:

Quote:

Posted By KaelynR on 11/15/2022 9:23 AM
I’m sorry if this question has before but what does it mean when the hoa rules state “no pets/animals may be used, bred, kept, or maintained for commercial purposes?Obviously I know it means no breeding, but it’s the “used, kept, or maintained” part that I don’t understand.

It's the "for commercial purposes" on which I am focused. You all do not keep this dog to make money, do you?

If you are the least bit concerned about the HOA, then do not take any money. Or take it under the table.

KaelynR (Minnesota)
Posts: 4

Posted:

Well we certainly don’t make money from him but he has won a few cash prizes in agility competitions. We don’t compete him vigorously though, he’s not a show dog. He is fixed so he can’t breed. As for payment for the commercial, nothing has been said besides the owner told me I could clock in that day,

CathyA3 (Ohio)
Posts: 6,299

Posted:

I agree this is unlikely to be a problem. You are not keeping the dog *for a commercial purpose* - you're keeping your dog as a companion animal. The only issue I could see would be if the pet shop wanted to film their commercial on HOA premises, but that's not happening, correct?

Similarly, if the pet store wanted to create a holiday calendar and asked if you'd allow your dog's photo to be included, your dog still isn't a professional model.

A similar example: Many HOAs/COAs prohibit running a business out of your home. But if you're creating YouTube videos in your home office, that falls under "incidental use". Your home office doesn't suddenly become a commercial space, even if you're earning most or all of your income this way - it's still residential.

KaelynR (Minnesota)
Posts: 4

Posted:

I pushed the reply but it doesn’t look like it’s adding onto the comments. So CathyA3, you are correct. The commercial will not be filmed on hoa premises. It is being filmed at the pet store which is 7 miles away at a strip mall.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

This is not what commercial use means. It means if you opened a pet store and put a sign up at your house. Having a pet in a commercial does not qualify.

Former HOA President

KaelynR (Minnesota)
Posts: 4

Posted:

To MelissaP1-That’s what I thought too. I know my mom is just paranoid because we used to live in a horrible hoa that fined us for very dumb reasons. At the old place we got fined because we had colored lights inside our house. There was only rules for outdoor lights but they fined us anyway. My mom got fined for keeping my bicycle inside her car. They tried to say she wasn’t following the rules because bikes were supposed to be stored in this storage room that was in the parking garage, but they also wanted $10 a month for storage and my mom wasn’t gonna pay that. We only lived there for 2 years. The last straw was when we got fined for getting a pizza delivered. The driver came with a really crappy beat up car, we got fined for a junk vehicle being parked in front of our house for like two minutes. The hoa president did live two units down from us and I think that made us a target. However I can understand why my mom is worried about it. I just put this post out there to help ease her mind. Our new place has never fined us even once and we’ve been here for 4 years.

AugustinD
Posts: 1,027

Posted:

Quote:

Posted By KaelynR on 11/15/2022 11:22 AM
To MelissaP1-That’s what I thought too. I know my mom is just paranoid because we used to live in a horrible hoa that fined us for very dumb reasons. At the old place we got fined because we had colored lights inside our house. There was only rules for outdoor lights but they fined us anyway. My mom got fined for keeping my bicycle inside her car. They tried to say she wasn’t following the rules because bikes were supposed to be stored in this storage room that was in the parking garage, but they also wanted $10 a month for storage and my mom wasn’t gonna pay that. We only lived there for 2 years. The last straw was when we got fined for getting a pizza delivered. The driver came with a really crappy beat up car, we got fined for a junk vehicle being parked in front of our house for like two minutes. The hoa president did live two units down from us and I think that made us a target. However I can understand why my mom is worried about it. I just put this post out there to help ease her mind. Our new place has never fined us even once and we’ve been here for 4 years.

Your concern makes sense. I am glad you left the other HOA/COA. Boards can be incompetent. So can owners.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Kae

You say "we" as in if your Mom's and your name are on the title. Are they? That aside, I see no violation using your dog in a commercial especially if not related to the HOA in any way.

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