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| Author |
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PatriciaP3
(California)
Posts:3
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| 07/03/2008 5:11 PM |
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| Can HOA still have pet restrictions to no dogs allowed unless a service dog, in CC&R's? |
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DonnaS
(Tennessee)
Posts:2852
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| 07/03/2008 5:40 PM |
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ABSOLUTELY THEY CAN. We have had many posts with this restriction written in the documents and it is still an enforceable option for a HOA to ban their residency in usually condos or villa situations. |
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NancyL4
(California)
Posts:18
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| 07/03/2008 6:00 PM |
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In California, pets have to be allowed.
1360.5. (a) No governing documents shall prohibit the owner of a
separate interest within a common interest development from keeping
at least one pet within the common interest development, subject to
reasonable rules and regulations of the association. This section
may not be construed to affect any other rights provided by law to an
owner of a separate interest to keep a pet within the development.
(b) For purposes of this section, "pet" means any domesticated
bird, cat, dog, aquatic animal kept within an aquarium, or other
animal as agreed to between the association and the homeowner.
(c) If the association implements a rule or regulation restricting
the number of pets an owner may keep, the new rule or regulation
shall not apply to prohibit an owner from continuing to keep any pet
that the owner currently keeps in his or her separate interest if the
pet otherwise conforms with the previous rules or regulations
relating to pets.
(d) For the purposes of this section, "governing documents" shall
include, but are not limited to, the conditions, covenants, and
restrictions of the common interest development, and the bylaws,
rules, and regulations of the association.
(e) This section shall become operative on January 1, 2001, and
shall only apply to governing documents entered into, amended, or
otherwise modified on or after that date.
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PatriciaP3
(California)
Posts:3
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| 07/04/2008 10:29 AM |
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Thanks Nancy. I had read the Code 1360.5 and looking at it again it makes more sense.
However, reading Code 1352.5 I thought there was a chance since we restated our
CC&R's in 2004 and the attorney did not take out the dog restrictions and with majority of
owners voting it was accepted. We are having problems with small dogs barking when
owner is away and it is causing problems to owners who came in prior to new law.
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BrianB
(California)
Posts:1742
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| 07/04/2008 2:51 PM |
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looks like you can't get rid of the dog, but the barking can be legislated against.
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PatriciaP3
(California)
Posts:3
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| 07/28/2008 12:25 PM |
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| Thanks for help. We'll work on dog noise if there are complaints. |
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GeorgerwilliamsW
(Indiana)
Posts:707
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| 07/28/2008 1:09 PM |
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This topic is close to my heart and life.
I have had a stroke and seizure dog for the past 6 years. And about every three months, I get yelled (yes, yelled!) at by some newly arrived neighbor who points out the no dogs over 25 pounds rule and pets-must-be-on a-leash requirement. It is not a pleasant experience. Even when I explain that
A SERVICE ANIMAL IS NOT A PET
and is exempt from most animal control ordinances and requirements including leash laws, the usual response is, "I don't care! Your dog is required to be on a leash!! That's the rule!!!"
(My highly trained, disciplined, obedient, responsive, non-barking--just an occasional woof,incredibly intelligent and extremely friendly lab/border collie mix cannot be on a leash and do her job of seeking help should I have a seizure outside. I would be unable to release the leash.)
I think part of their expressed anger is resentment that I have a dog, and they are prohibited from having one.
I have even had trouble with newly-hired management staff. And every year I usually find out from a newly-elected board member that I am breaking the rules.
And, yes, I do fastidiously clean up after my dog (thank goodness for plastic grocery bags).
It bothers me that I have to explain my illness to resentful, angry people.
So when you see a person with a dog that seems to be violating the rules, first consider that there may be a legitimate reason and inquire politely, rather than yell and scream out of anger.
Thanks for reading. Now back to the topic. |
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