Two Pets Allowed

Started by AlexL1 • 13 replies • 2900 views

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AlexL1 (Florida)
Posts: 305

Posted:

The CC&Rs allow for two pets per unit... that could be one cat and one dog, and/or a combination of either but a total of two total. Unfortunately, the HOA has no control on the confusing turn-over of renters and some renters have 3 dogs and others have four. NOW, we are attempting to put teeth into the CC&Rs but we have some renters still here with the 3, and or 4 dogs and not sure how to enforce the CC&Rs with the 2 pet limit when we stilll have other reners with 3 or 4.... Any suggestions that we could legally applyl?

BrianB (California)
Posts: 2,820

Posted:

you still have control over the owners. follow your rules/regs, send them letters, and begin whatever compliance process you have with them (fines, etc.). You control the owners, the owners control their renters. if you work the owners, they will push down on their renters, when the costs get too high/pain too much.

FYI, just curious: If i had an aquarium in your HOA, am i limited to only 2 fish?

AlexL1 (Florida)
Posts: 305

Posted:

1) That wouuld depend on the size of the aquarium (just kidding)

2) The problem is that some of the owners have (for example) three dogs and maybe?? a cat or two.... What is then required? give one of the pets away or perhaps two of them? Same with some of the renters... these things were not caught at the beginning and it is like the proverbial..... closing the barn door after the horses have gotten out.....

3) We have no handle on who is renting and there is nothing in the CC&Rs that give us that handle to work with.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Alex,
Of course you have the authority if your documents do not violate some higher authority. I would check your documents to make sure there is a clause in there that says something like:"If the Board did not enforce a restriction in the past, that does not convey that the restriction will not be enforced now or in the future.

Granted, this is not going to be a short fight and there may be challenges to the Boards new edict to enforce. As has been pointed out the Board is endowed with the authority, they just didn't exert it. I an sure you will find associations with a lot stricter rules about pets in your areas and they enforce them. Might be worth a shot to see how the locals do it. I repeat what others have said, the onus is on the owners, those that rent and those that don't. They all have to march to the same drummer. Establish a renter policy, require the owners that rent to have leases, and in those leases the same restrictions that the owners live under. But bottom line it is the Boards job to enforce the covenants as written. You don't allow your guests tos come into your household and start re-arranging the furniture. Don't allow your owners to force unwanted quests on your life. Our condo has one pet rule, and renters are not allowed any animals. It happens and they get away with it until it is noticed, then it's remove the pet from the complex or face $100/ day fine. Mind you, the renter is not fined the owner is and if the animals remains, the fine stays, the Board consider this is a breach of the owners responsibility thereby making the Board the authoritative agent of the unit and eviction can happen.
This will require some fighting and time but right now, what you got is worse than what it takes to make things reasonable. The animals could be grandathered in ....some states I think. That may be a real concern, but it is far from the biggest concern your Board has.
Let an animal bite a child and scar them, and it becomes clear that animal is unauthorized under your restrictions and the Board has not enforced in the past.

AlexL1 (Florida)
Posts: 305

Posted:

Thanks Robert for the good info....... It is still (remains) a mess that (as I look back) one that we created ourselves to some extent... It may never be solved but we ae going to try to do someething to change the situation as best we can. Grandfathering will have to be done somehow

BarbaraD6 (Florida)
Posts: 347

Posted:

Alex,

We also have the 2 pet per unit rule. Some people moved into our community because they saw the pet limit. Dog poop is a big problem in communities, so think carefully before grandfathering more pets in.

Barbara

MaryA1 (Arizona)
Posts: 7,043

Posted:

Alex,

IMO, your board needs to adopt a rental agreement. Many assn's are doing this as it allows the BOD to be aware of what units are being rented, the length of the lease including the expiration date, the name(s) of the renters, the mailing address of the property owner and other useful info. The rental agreement also would require the property owner to provide a copy of the CCRs and rules to the renter so they are aware of all the restrictions they, as renters, are required to abide by. The rental agreement can also contain other requirements of the prop. owner, such as the length of lease, i.e. not less than one month, six months, etc. If the property owner fails to sign the rental agreement w/i the stated period of time, then he will be subject to a fine the same as any other CCR violation is subject to a fine.

Regarding the problem with renters having too many pets, IMO, the BOD should contact each property owner whose tenant(s) is in violation. The property owner can be told that the renter may keep the additional pet(s) only until their lease is up unless the board wishes to require all additional pets to be removed by a certain date. I'm sure the property owners will be willing to do something to prevent the constant fines being levied upon them.

AlexL1 (Florida)
Posts: 305

Posted:

Thanks MaryA1: Also VERY good food for thought... I am going to go thru the search here to see if there is such a thing as an example of a rental agreement... Again.. thanks..

AlexL1 (Florida)
Posts: 305

Posted:

Also MaryA1... you mentioned: the BOD should contact each property owner whose tenant(s) is in violation. The property owner can be told that the renter may keep the additional pet(s) only until their lease is up unless the board wishes to require all additional pets to be removed by a certain date....................The problem here is that we have NO idea as to which unit(renter or owner) has a pet or not.

GeraldT4
Posts: 1,022

Posted:

AlexL1 - I would inform each owner of the rule putting a cap of 2 pets per unit. In that notification I would list the addresses of those homes that have more than 2 pets and list the quantity they have. I would request that each owner with more than 2 pets determine the best method comfortable to them to comply with the limit. However, in the unfortunate event of their pet dying, please do not replace that pet if doing so will exceed the 2 pet limit. To me that is the most humane method to deal with violators.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Alex,

Since you have no idea who is in violation of this rule, as Gerald suggests, a letter to all members reminding them of the 2 pet rule would be in order. Let them know in the letter what action will be taken if this rule is not complied with. In the letter also state that if your property is being rented the renter(s) must be made aware of this rule.

MarciiaB (New Mexico)
Posts: 36

Posted:

Our HOA had a similar problem. We're a very small townhouse development with backyards the size of postage stamps, so we started with allowing 3 pets since that was the most we knew about. When they moved out, we lowered the allowed number to 2 pets (dogs or cats). Then we became so frustrated with dog waste we implemented a $100 per year/per pet fee. That means, two pets, $200 and we bill the owner of the unit, so we think we'll see a drop in units with pets. We also have a fine of $200 per unregistered pet that we discover to dissuade folks from trying to hide "fido" from us. By the way, we use the money for "pet pick up" stations and bags for waste disposal.

BrianB (California)
Posts: 2,820

Posted:

great example here of promulgating poor rules to solve a problem that wasn't explored properly.

HOA wants to control X: (let's say, dog poop). So, instead of making a rule that owners are responsible for their dogs defecations, the HOA creates a "pet rule" and limits it to X (2). Now, is dog poop controlled? No. limited, perhaps, in some quantity, but not controlled. And now, the HOA has created a new nightmare to enforce, the two pet rule. I can have two great danes, with attendant poop size, and that is equal in the eyes of the association to two min-pins, and their attendant poop quantity. And, that is equal to two cats, who use a litter box indoors, which i dispose of in my trash, or two fish, who use the aquarium water, which i filter for them.

Why should it matter that I have 6 fish, two parakeets, a garter snake, 5 white mice, a hamster, and a cat inside my home, if i keep them quiet, contained, etc.? But in a 2 pet HOA, I am in violation.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Brian,

From what I've seen and heard, it appears to me these type pet rules are usually found in condo assns.

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