This simply reflects that the board does not want to encourage community involvement, they want all the power and are not willing to share that power with the community. I absolutely hate hearing that boards simply reject offers for help from community members. The board has a duty to treat all homeowners fairly and to act reasonably in their enforcement discretion. The board also has enforcement discretion but that discretion must be applied equally across the community and not selectively for the friends and not for others. What is hard is enforcing the CC&R’s fairly and equally across the community. The arguments that it is too hard id nothing but crap. If you decided to take the chance when you bought your house that the association would not make you get rid of your long term family pet, that was a gamble that you can never win if you are challenged. If you have a 50 pound dog and the CC&R’s restrict all dogs to 40 pounds or less that the association has a duty to make you remove that dog from the community. But once you close on the home you are contractually bound to their restrictions. You are required by law to be provided a copy of those documents prior to closing and you have 5 days after you receive the documents, to either accept or reject the home based on those documents without penalty. Yes i know that this is harsh, but it is why no one should ever buy into a common interest community without knowing and understanding the CC&R’s. if the CC&R restrictions are clear and valid than the association has the right and in fact obligation to enforce those restrictions and make the homeowner get rid of their pets. But if the association owns your streets or all your common areas than the police will not enforce those laws on private property.Īs to the original issue of number and size of pets. Leash laws are enforceable by the police in all public streets and parks. The number and size of pets and pets off leash. Its sounds to me like you are talking about two separate issues.
Pet issues are difficult and are often subjective. How have other communities dealt with this issue?Īs long as the CC&R’s clearly identify a restriction on size or number of pets the rules adopted by the association are valid and enforceable, but they must be authorized in the CC&R’s. I support amending the documents to either remove or modify pet restrictions. I’m interested to learn how communities enforce pet restrictions. The remedy for dogs off-leash is to notify the local police or animal control and doesn’t require enforcement by the HOA. Homeowners who flout the restriction and move in with a dog weighing more than 30 pounds are required to defend their right to house their pet…a pet who may have been in the “family” longer than the children. Once identified, enforcement of the violation could quickly become a burdensome expense to the community, requiring costly legal fees for enforcement. Violators need to be identified (how?) and addressed. These restrictions are complicated to enforce. I was told the Board was looking into it. My request was ignored, even when I followed up. At the time I volunteered to participate on a committee to address our pet restrictions.
Several months ago a homeowner complained about dogs off-leash in the community.
Our community limits the size and number of dogs a homeowner can have.
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