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The 'dog situation' in our Condo has gotten out of control. The HOA is attempting to regain control over the dog situation (number, size, nuisance, noise, etc). While the plan is to 'grandfather-in' all existing pets (including those of renters), one aspect of the plan is to rule-out dogs for new renters.
It's been suggested that Florida law/statutes might prevent that, but, since many Condos already make that distinction, I'm thinking the HOA is well within our rights.
Any experience or recommendations in this area? (Thanks)
The 'dog situation' in our Condo has gotten out of control. The HOA is attempting to regain control over the dog situation (number, size, nuisance, noise, etc). While the plan is to 'grandfather-in' all existing pets (including those of renters), one aspect of the plan is to rule-out dogs for new renters.
It's been suggested that Florida law/statutes might prevent that, but, since many Condos already make that distinction, I'm thinking the HOA is well within our rights.
Any experience or recommendations in this area? (Thanks)
We added a bunch of rental restrictions (via community vote) a few years ago. We wanted to add verbiage to require a credit report, background check and disallow pets for renters. Our HOA attorney told us those items were beyond the scope of the HOA and had to be left in the hands of the owner.
Our CC&Rs allow for 2 pets per household and renters are subject to this UNLESS the owner of the property has other restrictions they impose. As an HOA, we cannot distinguish between owners and renters as far as the CC&Rs are concerned. Everyone is subject to the exact same rules.
It's a losing battle. By grandfathering existing pets they are essentially locking in and condoning the current "out of control" situation. Future renters pets are in no way contributing to your problem. I'm guessing from the tone of the post that enforcing the current rules is not an option. I feel for you. Prepare to be labeled a dog hater if you are on the side of enforcement.
It's a losing battle. By grandfathering existing pets they are essentially locking in and condoning the current "out of control" situation. Future renters pets are in no way contributing to your problem. I'm guessing from the tone of the post that enforcing the current rules is not an option. I feel for you. Prepare to be labeled a dog hater if you are on the side of enforcement.
First, let's distinguish between HOAs and COAs or condo associations. They are not the same and the condo association has more control (at least in theory) over the property.
I am not an attorney but speaking as a board member for a condo, I believe you are right that any changes made will not apply to the current owners (and tenants since they already have existing rights via their leases) but the new rules would apply to new purchasers and tenants and, over time and attrition, the total number of pets will go down. We have the same problem here with owners not picking up after their pets and it really upsets some people who look to the board and expect us to do something. Since no one wants to be on a fining committee, though, we are pretty much powerless to do anything except send letters.
Honestly, I think the only thing that will work is a campaign of peer pressure and outing offenders as slobs. I'm not sure how that might work but I think it would have an impact if people knew they were being watched and they knew they'd be pegged publicly if they just walk away.
I am not an attorney but speaking as a board member for a condo, I believe you are right that any changes made will not apply to the current owners (and tenants since they already have existing rights via their leases)...
Yes, I posted that this morning.
Quote:
Originally Posted by bbronston
... no one wants to be on a fining committee, though, we are pretty much powerless to do anything except send letters.
If they don't want to work to resolve the problem, you should tell them to quit whining about it. We had a similar problem last year regarding rules violations (albeit not about pets). We formed a Grievance (fining) Committee to address the issues and the problems went away after a few months and more than a few fines.
If assuming that the current rules don't prohibit pets. If the current problem dogs are in violation of existing rules, they have the option of trying to enforce what they haven't been enforcing prior. It's a no win situation from my experience.
If assuming that the current rules don't prohibit pets. If the current problem dogs are in violation of existing rules, they have the option of trying to enforce what they haven't been enforcing prior. It's a no win situation from my experience.
That's a completely different point from the one I was making, which is that the pets of current owners and tenants are protected (grandfathered) from any proposed change in COA regulations.
If they don't want to work to resolve the problem, you should tell them to quit whining about it. We had a similar problem last year regarding rules violations (albeit not about pets). We formed a Grievance (fining) Committee to address the issues and the problems went away after a few months and more than a few fines.
To be clear, I was agreeing with you on the point. Regarding a fining committee, we can't make people participate in that and telling them to "quit whining" isn't really much of a solution to the problem. They have the right to expect the rules to be enforced (thru the condo docs) but they don't have the obligation (thru the docs) to be part of the enforcement process. That's the problem with the docs. Wouldn't it be great if every owner had a legal obligation to participate?
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