Pets allowed for Owners but not renters.

Rosann,

Do any of your documents---"restrictive covenants or bylaws" have anything written in them about pets? Look at that first and see if there is and if so, please copy or write it and send it to us. Normally the Board of Directors can make rules about pets but they cannot change the intent or words of any higher document aka bylaws or CC&Rs. It is very unwise to seperate the classes of residents between renters and owners when it comes to rules. That becomes an enforcement nightmare and then the games begin. I would strongly advise them not to do so but I am not able to give them a good arguement from here. Good enforcement of the rules is the answer to allowing pets or to not have any at all.

i would agree with brad: there are a hundred threads here where we remind people that the HOA deals with OWNERS, not renters. for the HOA to suddenly try to deal with a renter instead (through a special rule that applies to them only) would be chaos. How do you enforce it? You cannot fine a renter, only the owner.

Have checked your docs to see what, if anything, is said about renters? If your docs are like ours they don't address this. Of course, the landlord has every right to not rent to people who own pets.

Thanks Everyone for your useful information. As I suspected it seems not to be prudent for the board members to make such a discriminatory change.
I had a 2 year lease in hand that it got turned down because of a pet. Now the rental market has taken a turn and I will not be getting the same rental number. Nor will I have the opportunity to have such a long lease. CAN I file a suit against the Association and the board members for monetary damages? Thanks!

Before you threaten the BOD with a lawsuit I would speak with an attorney to see if you do indeed have a case. The rule however discriminatory we all feel it is may indeed be valid; the advice & opinions posted here no matter how well informed and knowledgeable do not qualify as legal advice.

Another thought to bear in mind before you decide to sue. Keep in mind that the cost of defense will be born partially by yourself. (As will a portion of the award.) And while I don't know about your BOD, many have spent insane amounts of money defending themselves even when in the position of no hope.

I am not saying to not sue, but consider the whole thing carefully as you may get a whole lot more grief then you bargained for.

Donna,

I agree not to cry over spilled milk! But in a real estate market
such as this, with the subprime crash, it seems more intense than just milk. I have been a landlord for a long time and it wasn't that they could not enforce the pet policy with tennants, it was that they turned down the lease from the get go. I asked them nicely in an e-mail to the board to make an exception given these trying times in the rental market and they just said no! I feel they had no right to turn down a lease that they had no jurisdiction in. I feel that they did not want owners that rent their unit to attract renters with pets, since the building is one of the only ones that allow pets in that area. It was only in the interest of a few board members that live there. When decisions of the board effect the livelyhood of owners, it has to stop there, especially when it involves going against the by-laws of the building. My first priority is to get this changed and then to advertise in BOLD letters "pet's allowed" in the MLS. Your attention is much appreciated! Thank you.

Donna since Florida seems to change its HOA statutes yearly, maybe next year you can get them to add something like we have in the Buckeye. The BOD can initiate the eviction proceedings and bill it back to the homeowner.
5311.19 Compliance with deed restrictions, declaration, bylaws and administrative rules and regulations.

(A) All unit owners, their tenants, all persons lawfully in possession and control of any part of a condominium property, and the unit owners association of a condominium property shall comply with all covenants, conditions, and restrictions set forth in a deed to which they are subject or in the declaration, the bylaws, or the rules of the unit owners association, as lawfully amended. Violations of those covenants, conditions, or restrictions shall be grounds for the unit owners association or any unit owner to commence a civil action for damages, injunctive relief, or both, and an award of court costs and reasonable attorney’s fees in both types of action.

(B)(1) Except as otherwise provided in the declaration or the bylaws, a unit owners association may initiate eviction proceedings, pursuant to Chapters 5321. and 1923. of the Revised Code, to evict a tenant for a violation of division (A) of this section. The action shall be brought by the unit owners association, as the unit owner’s agent, in the name of the unit owner.

(2) In addition to any procedures required by Chapters 5321. and 1923. of the Revised Code, the unit owners association shall give the unit owner at least ten days written notice of the intended eviction action.

(3) The costs of any eviction action brought pursuant to division (B)(1) of this section, including reasonable attorney’s fees, shall be charged to the unit owner and shall be the subject of a special assessment against the offending unit and made a lien against that unit.

Effective Date: 07-20-2004