HOA Limits

[03bluecoupe]

Originally Posted by dpbarr2000

If you have those types of neighbors I think it would be obvious not to live in that neighborhood. Next.

Ah - your normal congenial self today I see... .

So genius, just what would preclude a next door neighbor from selling to scumbags other than an HOA and trashing the once beautiful landscaping? Hmmmmm?

[SandyJet]

My town has a three dog rule. Hoarders and breeders have more than three dogs.

[photoman_6]

Originally Posted by 03bluecoupe

Ah - your normal congenial self today I see... .

So genius, just what would preclude a next door neighbor from selling to scumbags other than an HOA and trashing the once beautiful landscaping? Hmmmmm?

the HOA. DUH!

[03bluecoupe]

Originally Posted by photoman_6

the HOA. DUH!

I think you missed a few posts in the thread or something...

[macrodome2]

Originally Posted by photoman_6

the HOA. DUH!

HOA has very little to do with who the owner can sell to. They can limit who they can rent to, but as far as a sale, if you have the money you can buy it. Our HOA can require a background check and preclude owners from renting to felons, but if you're a felon and have the money, you can certainly buy the property. The only thing that keeps the "scumbags" from turning their property into a dump is the HOA rules.

[CheriC]

Originally Posted by TamRE

I had a buyer that purchased a condo in Punta Gorda that didn't allow dogs, but they let them have it until the dog passed away and then they weren't allowed to get anymore pets after that. The rules and regulations did say no pets.

My parents live in a community where only small dogs were allowed. Then someone with an assisting dog moved in and had a Golden Retriever and they allowed it. Then all of the sudden they started allowing any large dogs in and changed their rules. Then the community came under new ownership and now large dogs are not allowed again, but the people who already had them are grandfathered in until they pass away.

So, this sort of thing happens all the time. You have to go by the rules and regulations and governances of the HOA. As others have said, if in doubt, get the advise of a real estate attorney.

This reminds me of when we moved into a deed restricted neighborhood which rules stated limited to 2 pets, I asked for permission prior to buying to allow 4 dogs. I had permission in writing and said it wouldn't be a problem unless my dogs became a nuisance to anyone. The property management company said when your existing 4 dogs pass they just asked we comply with the restrictions. I jokingly said or replace them with the same breed. He laughed and said yes that would work too. Some places are more strict than others. The goal is not to limit the amount of dogs you have rather than minimize the risk of nuisance behavior which can just as easily come from just one dog per home. If they say it's ok, get it in writing!

[loves2read]

Buying into an HOA is entering into a long-term (until you sell or the HOA is dissolved) relationship.
In TX under older laws HOAs were only legally binding for 25 yrs--at that time owners had to vote to keeps HOA I force...now think all HOAs are mandatory forever...

Getting verbal or written approval for action in violation of the covenants whatever it is--# of pets, type of roof, running a home-based business, having grandchildren move in with you--still doesn't make it OK.
Any non-approved action ONLY becomes legal/allowed if/when the legal covenants are changed by the HOA in accordance with its covenant.

Anyone on the Board (or w/any company providing management oversight in lieu of the Board itself) who gives tacit approval to a non-sanctioned activity that is not approved in the covenants voids his/her fiduciary responsibility to the HOA and can become personally responsible for any legal costs involved in clearing up the mess s/he caused...
Normally HOAs carry liability ins that covers Board members if some homeowner sues but the Board member has to operate under the HOA rules...no special favors...
I really can't imagine any member who understands how the law works would risk personal liability for someone else's dogs...
I know I wouldn't...