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Started by LindaC15 • 9 replies • 1452 views

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LindaC15 (Tennessee)
Posts: 1
Posted:
Recently, it was discovered that an owner had 4 pets (two dogs and 2 kittens), When the owner moved in, they were not given a copy of the rules and regulations regarding the number of pets you could have. Another homeowner has complained that he is breaking the rules. Since he didn't know the rules (he only had a copy of the old rules) which did not stipulate anything about pets) should he have to get rid of two of the pets?
MicheleD (Kentucky)
Posts: 4,491
Posted:
Yes.
FrancescaM (Washington)
Posts: 264
Posted:
In Washington many people have pets in our buidling. We do not have ccr&rs that dictate how many we are allowed ( really dumb and this is another item that needs attention here). It is our city's laws under which all fall under since our cc7r are not specific.

To be honest? Ignorance of the rules of your HOA does not excuse anyone from following them. I bought my home and my seller left me a book of building rules, but guess what? I called our PM and asked for a copy of the cc&rs. Its my job to know the rules where I live. Same applies to your HOA and the next guys' hoa and so on and so on.
BarbaraD6 (Florida)
Posts: 347
Posted:
Homeowners agreed to follow the governing docs. When they violate the docs,they start yelling "I didn't know that". Majority have never read the governing docs. Ignorance of the rules is not an excuse to violate the rules.
Barbara
BrianK1 (Colorado)
Posts: 54
Posted:
We do not have CC&Rs that dictate how many we are allowed [...]
It is our city's laws under which all fall under since our CC&R are not specific

When the Rules & Regulations are prepared or revised why can't they draw from city ordinances as well as the CC&R's?
JuanB (Florida)
Posts: 38
Posted:
Quote:
Posted By LindaC15 on 02/24/2009 6:00 AM
Recently, it was discovered that an owner had 4 pets (two dogs and 2 kittens), When the owner moved in, they were not given a copy of the rules and regulations regarding the number of pets you could have. Another homeowner has complained that he is breaking the rules. Since he didn't know the rules (he only had a copy of the old rules) which did not stipulate anything about pets) should he have to get rid of two of the pets?

Linda
We do have the same situation in our association, unpleasant but you have to get the association owners involved. All that is on the paper is not written in blood.

1. If the rules do not mention the PETs you have to stick it and add the Rule to the Bylaws legally and properly explain the Basic Rules and regulations to all incoming new owners.
2. Create a Basic Rules check list that explains the rules no matter how familiar you are with them. Give the rules without explaining is wrong as many Owners never had RULES before.
3. Are Animals papers in order for every animal?
4. How old is the owner?
5. How old the animals are? Dogs do not lived longer that 15 or 16. All thought you can not apply rule retroactive you can setup the pattern for the future.

Please seek help in owners to apply this and many more rules be wise and check if only one complain or the association complains, sometime is just trouble making.

GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
Quote:
Posted By LindaC15 on 02/24/2009 6:00 AM
Recently, it was discovered that an owner had 4 pets (two dogs and 2 kittens), When the owner moved in, they were not given a copy of the rules and regulations regarding the number of pets you could have. Another homeowner has complained that he is breaking the rules. Since he didn't know the rules (he only had a copy of the old rules) which did not stipulate anything about pets) should he have to get rid of two of the pets?
Your question also raises another key question: "Why was the new owner not given a copy of the new rules and regulations? I would think that the association ought to, as a matter of course, provide new owners with current documents as well as rules. And the owner, as a matter of due diligence ought to request a set of current documents from the association.

My sense is in this situation, the new owner relied on out-of-date documents provided by the seller. It could be argued, therefore, that the new owner has the right to rescind the sale based on the faulty information, or, at least, seek damages, including emotional distress from the seller.

I am not familiar with Tennessee law, but I would guess that there is no statute specifying a duty of the association or the seller to provide documents.
LeeM3 (Florida)
Posts: 7
Posted:
you sound like a BOD member needing a real purpose in life. Protecting CCRs seems silly now, since home ownership may go down the slipperyslope real soon with the magnitude of change coming down the pike. Eh?
DonnaS (Tennessee)
Posts: 5,671
Posted:

George,
There is a law that condos and co-ops must provide the buyer with the association documents but not a word for HOAs. Basically, there are no HOA laws and that is amazing seeing the numbers that are present. It is rather a new concept here in Tennessee but we are without any help for State involvement. Gosh, laws are passed but no one goes as far as enforcement help.
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
This article may be of some interest
    "In his suit filed in Summit County Common Pleas Court, Maltarich, 25, argues the association did not act in good faith when it provided him incomplete bylaws that left out the weight restriction for dogs when he purchased his condo two years ago.

    Maltarich said the copy of the bylaws that were given to him read that ''dogs, cats or common household pets are permitted.''

    At that time Cottle said that when the association gave the abbreviated bylaws to Maltarich they were not saying those were the only regulations.

    He said it was up to Maltarich to get the full document from the county and to be sure he understood it.
http://www.ohio.com/news/40354742.html

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