rules and regulations vs. declaration in regard to pets

Can the BOD adopt a rule that says "Pet owners are required to submit a pet
application for all pets." when the declaration doesn't state this? Also the architectural policies and rules and regulations conflict with the declaration so shouldn't they be re-worded.

Charles,

The BOD most likely has the authority to interpret the restrictions contained in the CCRs but their interpretation cannot be contrary to the restrictions. It most likely even states this in the provision giving them the authority to interpret.

As for a rule regarding pets, it would depend upon what the CCR restrictions says regarding pets. Again an interpretation cannot change the meaning or be contrary to the CCR restriction.

Sounds to me like your BOD has a lot of work to do! Perhaps a committee should be formed to review all the a/c guidelines and board adopted rules and regulations. Those that do not conform to the CCR restriction should be rescinded or amended. Make certain all the changes are mailed to each member of the HOA.

some of the more blatant rule conflicts are sheds can not be larger than 12x12. The ccr's state sheds can be no larger than 10x10. Rules: Fence can't exceed 6' if a privacy fence, CCR's: Fences are not to exceed 4'.

There is a 1 sentence difference in between the rules/policies and the ccr's regarding pets and it is
Pet owners are required to submit a pet application for all pets.

This is the rest of the clause for both documents:

An Owner may not keep animals on the Lot or in a House with the exception of two (2) dogs, two
(2) cats and similar, small household pets (“Pets”). An Owner may have Pets only if the Owner
keeps them inside the House, within a fenced back yard, or on a leash. The Owner may not breed
Pets or keep them for commercial reasons. If the Developer, in its sole discretion, finds that a Pet
is objectionable because of noise, odor or unsanitary conditions, or it finds a Pet unsafe, it may
declare a Pet a nuisance. If so, the Owner must remove the Pet from the House and the Lot within
30 days after receiving a written request to do so.

Charles,

The two rules you posted are in violation of the BOD's authority to adopt rules to interpret a CCR restriction. They cannot adopt a rule that is inconsistent with the CCRs, articles of inc. or bylaws in any way. I'm sure your CCRs state this in the article that gives the board authority to adopt rules and to interpret rules. If the CCRs say sheds cannot be larger than 12x12 and fences cannot exceed 4' then those measurements cannot be changed.

In the rule regarding pets that you posted nowhere does it say an owner must get permission to own a pet so the board cannot adopt a rule stating they must submit an application. Again, this would be changing the meaning and intent of the CCR restriction, or being inconsistent with them.

I am curious about a couple things:
1) What happens when the developer is gone? The developer owns the sole discretion to remove a pet, apparently, for nuisance reasons. So after they are gone, the HOA can't do that anymore?

2) So i could have two dogs, two cats, and 8,000 birds, correct? (that's weird wording on the "and similar, small household pets"...)

3) A koi pod in an unfenced yard is illegal? As would be an Aviary in an unfenced back yard?

4) I do like that roaming "outside cats" are not allowed... that's a nice plus to the way these are written.

5) ANd if my goldfish have guppies, is that illegal? Or my Lab has a litter?

And hopefully, his covenants state that the developer becomes the HOA after the developer is gone. MFHOA covenant was written differently, and did not use the word developer in the CC&R's (Only the by-laws), so that's why I found it unusual to see it in the "rule" section.