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Old 08-09-2012, 01:48 PM
 
Location: San Diego
3 posts, read 6,406 times
Reputation: 10

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The pet policy in my California HOA is that homeowners can have 2 pets, but only one dog, plus all the other usual rules about being a responsible pet owner. Recently the board has introduced a new dog registration rule. They actual ask more questions on it than the City does when you purchase your license to have a dog. There is no mention of any kind of pet survey or registration in the CC&Rs. How can they implement something that is not in the by-laws or CC&Rs? I also wonder if the rule is not discrimination against dog owners, considering that it does not include anything about cats, bird, reptiles or fish, which are the other pets mentioned in the pet rule. They have recently declared that they will fine homeowner's who do not fill out the Dog Registration form 200 dollars. None of this was voted on by the homeowners.
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Old 08-09-2012, 02:01 PM
 
Location: ๏̯͡๏﴿ Gwinnett-That's a Civil Matter-County
2,117 posts, read 5,092,093 times
Reputation: 3497
They can ask anything they want but that doesnt mean you have to answer them.

I'm sure they'll try to fine someone for ignoring them and end up getting sued.

Welcome to the world of HOAs!
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Old 08-09-2012, 02:05 PM
 
Location: Florida -
8,238 posts, read 9,994,274 times
Reputation: 15086
Pets and Parking are typically two of the most problematic areas faced by HOA's. People often see their pets as family and often expect everyone else to do likewise.

In most cases, a bylaw ammendment must be ratified by vote of the HOA homeowners, However, HOA's may establish rules and procedures for enforcing existing bylaws, by vote of the HOA board, without a homeowner vote.
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Old 08-09-2012, 02:30 PM
 
4,919 posts, read 19,125,044 times
Reputation: 6171
This may also be an insurance company mandated census which is allowed under most HOA documents. Its a widely held misconception that HOA's can not do anything not specifically mentioned in the documents. Usually, there are broad general authority for many items that does not change the CC&R but rather are adminstrative in nature to conform with the CC&Rs.
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Old 08-09-2012, 09:34 PM
 
Location: Florida Gulf Coast
4,083 posts, read 5,498,726 times
Reputation: 6407
I agree with the others who stated that the Board usually doesn't need homeowner approval to add or amend the Rules and Regulations. And they can also implement procedures without homeowner vote -- such as my HOA requiring parking stickers. But I don't know how they can fine you if there's not an official rule in place....but maybe that's covered under some kind of generic fining authority in the Bylaws. However, is it worth bucking the system for this?
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Old 08-10-2012, 02:24 AM
 
14,695 posts, read 18,758,669 times
Reputation: 20214
I wonder what happens if you dont have a dog the day you fill out the form and get a dog the day after.
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Old 08-10-2012, 04:42 AM
 
Location: OK
2,717 posts, read 6,290,623 times
Reputation: 1844
Reason # 835 for not wanting to live in an HOA area.
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Old 08-10-2012, 08:41 AM
 
Location: Barrington
41,854 posts, read 31,715,364 times
Reputation: 14077
Generally speaking, HOA boards have broad powers relative to rules and regulations.
Factions are common in all HOAs. They tend to become echo chambers and many seem to believe everyone feels the way they do. In reality, owners likely favor the rule or regulation, else there would be a petition or some other majority owner action to communicate a different opinion.

Some Dog owners everywhere have a tendency to not clean up after their dogs and dogs have potential to scare others, cause damage to common areas and make noice. This is not the case with cats, gold fish, birds.

I live in a SF HOA. Almost everyone has a dog. Some have 2-3. There are no rules about pets. Some owners would prefer that the HOA create rules and fines. Most prefer it the way it is. Municipal ordinances take care of barking dogs and owners who do not clean up after their dog.

Having said all this, beyond making certain that each dog has the required vaccinations, I am not sure the purpose of this registration in your community. Why not ask the board about the business objectives they are trying to achieve?
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Old 08-10-2012, 10:58 AM
 
4,626 posts, read 7,197,499 times
Reputation: 4735
We are seeing more and more breed restrictions with HOA's, rental communities and even some smaller villages/towns!

Insurance companies are becoming VERY breed sensitive. Some insurance companies won't carry you if you have certain breeds forcing one into a high risk pool situation.
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Old 08-10-2012, 12:46 PM
 
Location: Brooklyn New York
15,229 posts, read 23,749,578 times
Reputation: 19847
do not buy anything in a HOA.


makes no sense, spending hundreds of thousands of dollars, and you have to conform to someone elses rules.

might as well stay in an apartment and let the LL dictate to you.


I just dont get the HOA thing????
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