HoA pet restrictions?

Question

My home owner association for my town house has new pet restricts in act due to complaints of neighboring saint bernard, doberman and boxer. The new limit for pets is 1 pet per house limited to 35lbs and on the list of restricted dogs is breeds such as Dobermans, Pit-bulls, Boxers. Rottweilers... etc. and at the end of the list of course the dog I've been wanting to get, the Siberian Husky. Now my concern is I don't have or know any experience of Sibes being viscous or unfriendly dogs and really disagree with the Home Owners Associations list. Is there any way around this HOA restriction or am I never going to own a Siberian Husky?

Answer 1

Pretty much agree with Samaath. A key question would be where the right to restrict comes from. It can be in the CC&R's where it may explicitly say how many pets and what kinds...in an HOA I know about, it says 2 domestic animals of a common nature in the CC&Rs for example. If it's in the CC&Rs getting it changed is likely to be a huge challenge.



Or the CC&R's may give the Association (usually the Board) the right to regulate house pets. In that case you have to convince the board to change the regulation to allow this breed; and you may find that difficult or easy, or may have to convince a lot of other residents to agree to support your request.



Finally, and this is one you should check, it may be that there is no right for the association to make such a restriction. The CC&R's say what the basic powers of the association are. My CC&Rs say that the Board can adopt rules to govern the use of the common parts of the association. It does not have any authority to regulate domestic pets as long as they are not a nuisance -- making noise, creating unsightly conditions, smells, etc. They could say people can't walk their dogs on common grounds, for example, you'd have to transport the dog in a car to the park.



If they don't have that authority then the regulation is not effective.



I say the last because it is not all that unusual for an association to attempt to exceed its proper powers to regulate. So you should check it all out and see where the regulations come from and what makes them binding. I've had my HOA withdraw a bunch of "rules" they "passed" that they didn't have any authority to do, and helped them to create some rules that they do have.

Answer 2

Your state may have restrictions on what an HOA can regulate. I know CA does.



Otherwise you can make a case before the HOA board and hope to get Siberian Huskies off the list. Or go over the CC&Rs and see if you can get a referendum passed that changes the list. Lastly, you could run for a board position yourself and try to change the list that way, but you'd need sympathetic people on the board.



Of course you could always move.

Answer 3

It varies plenty which you easily could desire to look it up in the HOA you're finding at. So, in case you're questioning of procuring for then i might ask for a replica of the bylaws before procuring, in order that as which you're nicely attentive to all the guidelines. case in point, I also have a fenced in outdoors in my HOA yet, it truly is seen a consumer-friendly section (we as a community are finding into changing that). Our puppy regulations are canine or cat must be under 15 pounds or must be authorized via the HOA. So, we've distinctive Labs and English Bulldogs in our HOA, the vendors only had to get past approval. yet, if i bought a Yorkie, then i could desire to easily do it with out approval. So, at an identical time as we don't have a breed restrict in line with se, because of the fact the aggressive breeds are larger canines, they might must be authorized via the HOA board. In my mom's HOA, i've got self assurance it truly is like 30 pounds. lots of the HOA's I even have considered restrict on weight, even with the shown fact that, i think they could restrict on breed. yet once you're only finding and pondering an HOA, i might study the bylaws after which ask buddies how the HOA board is to artwork with. bear in mind too that a HOA skill dues to boot, a rule of thumb, in case you have a community Pool or any community game your dues would be extra costly.

Answer 4

You can attempt to have the no restriction changed or eliminated through the HOA but as long as the rule is in place you must abide by it. This is the chance you take when you move into a community governed by a HOA

Answer 5

This is a legal question, one that needs to be answered by a lawyer.



Based on what you have written your options are to live with the restrictions (you did sign an agreement, didn't you?) or to move to a more tolerant neighborhood.



Siberian Huskys are gorgeous dogs, aren't they?