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Subject: dog rules new buyer?
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HeatherG
(California)

Posts:2


07/18/2006 12:28 PM  
I am a Realtor in Southern California, i have a Condo in escorw for $4.7Million and the rules state there are no dogs allowed over 20 lbs. I have never seen a dog under 20lbs, there are boxers, german shepards, etc. My Buyer wants to cancel the deal because he is afraid, he will run into problems with his dog, which is over 20lbs. He wants the HOA to write him some kind of letter stating he will not receive any problems, and they wont.

Do I go door to door weighing dogs and reporting them, asking them to be thrown out?

Is there some document anyone knows of that I could present the Buyer with? Something so he will feel comfortable and not cancel this deal? Does anyone know of anything????


Please HELP! I can not lose this deal!
WilliamT
(Arizona)

Posts:489


07/18/2006 12:42 PM  
There are many dogs under 20 pounds. All the small breed -- Yorkies, Silkies, small Poodles, Maltese, just to name a few.

You will need to go to the Association Management company. Ask the seller for the adddress. If there is no management company, you'll need to talk to the Board President.

You can ask for an exception to the rule for your buyer, but I doubt you'll get it.

You have no authority to go door to door trying to stir up trouble by reporting dogs that you may "think" weigh over 20 pounds, and would have no knowledge if those dogs are grandfathered into the rule.

To go to door could get you in trouble for trespassing and harasssing. My opinion is that a suggestion like that coming from a a professional realtoris entirely unethical.

You're wanting to stir up trouble and get an association to change their rules for your own benefit. That's not the purpose of community rules. They are for the "community".

Condomenium and Planned Community Rules are there to protect the community desires, and it is not your business to try and change the rules just to make a sale.

You need to properly advise your client that if the rules prohibit the type dog she/he has, then they should look for another property.

Bill
BrianB
(California)

Posts:2820


07/19/2006 7:10 AM  
not much you can do heather... you have run into an HOA that allows the rules to be violated (the implication of your letter being that other owners have large dogs), but won't put the exemptions into writing.

best thing you can do is nicely tell the current owner "I could have sold your property, but the buyer felt the HOA rules too restrictive".

That's the truth. Then, it would be up to the owner to work with his board to get an exemption, change the policy, etc., if he wants to sell.
RogerB
(Colorado)

Posts:5067


07/19/2006 9:09 AM  
Heather, you have presented the restriction to your Buyer. The only other thing I presume you are allowed to do under your Contract with the Buyer is to contact the Seller's agent and advise them of your Buyer's concern. It would be up to the Seller/Owner to see if the restriction would be modified. Otherwise your Buyer's concern is valid and they should look elsewhere.
DonnaS
(Tennessee)

Posts:5671


07/19/2006 10:55 AM  

Another angle is to have a letter written to the Board, quoting the protective covenant which states the dog restriction. Then if you can, give them examples of dogs that are over the weight limit by citing which ones there are on the property.
Having done that, then inform the Board that you would like an exemption, citing "SELECTIVE ENFORCEMENT" of the covs. If they don't agree to an exemption, then I would walk away from them as they are a Board not doing their fidituary duty and they are not doing their jobs. Sometimes one has to play hardball with Boards to get them to pay attention.
WilliamT
(Arizona)

Posts:489


07/19/2006 12:28 PM  
Posted By DonnaS on 07/19/2006 10:55 AM


Another angle is to have a letter written to the Board, quoting the protective covenant which states the dog restriction. Then if you can, give them examples of dogs that are over the weight limit by citing which ones there are on the property.
Having done that, then inform the Board that you would like an exemption, citing "SELECTIVE ENFORCEMENT" of the covs. If they don't agree to an exemption, then I would walk away from them as they are a Board not doing their fidituary duty and they are not doing their jobs. Sometimes one has to play hardball with Boards to get them to pay attention.



I know I am being cynical here, but when a realtor is selling a $4.7 million dollar condo, a 6% commission amounts to about a $282,000 cost to the seller, (ultimately the buyer) for those services. That commission needs to be earned, and in this case it appears that it was not.

Any realtor who sells condominiums, and especially one worth $4.7 mil, with the seller paying around $282,000 commission must know that there are restictive covenents in the Declarations, and should have known about the Sections in the Declaration, or in the Rules, that may adversely affect the buyer, before allowing the buyer to sign a sales contract.

By not knowing that in advance, the buying realtor has placed the buyer and the seller in a bad situation.

The bottom line, in my opinion, is this:

Boards are responsible to the members only. They have no duty of responsibility to nom-members and should not respond to any inquiries from non-members because of potential legal problems.

If some CC&R's may appear to be in violation, it is not the business of a non-member. It is between the board and the members. It could just be a clue that one may not want to live in a community where the rules are not being enforced.

The seller is the member, and it is up to the seller to make any requests to the board. All you, as the buying realtor can do at this point is to talk with the seller through the sellers realtor, to see if he/she can get the board to issue a variance.

Bill
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