HOA Limits (Punta Gorda: sales, real estate, rental)

[kiggy]

Got a quick question from my SIL -- she has moved into an association with 3 dogs. She wants to get more, but the HOA wants to put a cap at 2 dogs. This new rule is after she moved in and she will be grandfathered in, but won't be able to have any more dogs. Is this legal?

[bbronston]

I can't give you anything that resembles legal advice but my impression from previous experience is that she needs to look at the existing HOA docs to see what it says about rule changes. Only a real estate attorney can answer your question with authority and, even then, don't forget that every court case has an attorney on one side arguing they are right and another attorney on the other side saying they are not.

[La-La land]

Associations can change their rules pretty much anytime, if majority rules. Existing pets would be grandfathered in, but adding pets after the rule change would be a no no. I guess she would need to stock up on pets before the change takes effect.

[MPH711]

3 is not enough?

[Sunshine Rules]

Our own HOA is in the process of changing some of the deed restrictions. HOA covenants generally have provisions as to how amendments can be made to the existing rules, including calling for a vote of the lot owners and giving a specific number of votes that must be obtained in order for the changes to pass. So yes, in theory, most HOAs can change the rules if enough owners are in agreement.

That being said, there are a couple of areas where grandfather is often applicable -- when it comes to rental and/or pet restrictions.

In theory a HOA can make changes, but whether the association where your SIL lives followed all of the correct procedures and crossed all their t's is a question that an attorney that specializes in HOA litigation will be better suited to answer.



By the way, anyone looking at new construction homes that owns pets -- many now limit each household to 2 or 3 pets, some limit aggressive breeds as well. So be sure to ask, as the set of deed restrictions are generally not brought out until you are actually signing a purchase contract (and often glossed over by the sales rep).

[macrodome2]

Our HOA limits number of pets, how many lbs, and excludes aggressive breeds. For the money the SIL will spend on an attorney, I think she'd be better off just moving to a non HOA community.

[TUMF]

All HOA's are different.
A house (that we sold yesterday!) in Florida, is in an HOA.
They have expensive (sarcastic) HOA Dues of $25.00 A YEAR...
They don't restrict the number or size or breed of dog/cats/etc.
They make sure that the properties are kept up well (vinyl fences are clean) trees are trimmed, there's not a broken down car on blocks in the driveway...
To me it sounds as if your SIL would be fighting an up hill battle... I wish her the best.

[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.

[03bluecoupe]

It's kind of like buying anything. If you don't read the contract/rules ahead of time then I don't see where folks have anything to complain about.

[LandsharkJB]

Originally Posted by 03bluecoupe

It's kind of like buying anything. If you don't read the contract/rules ahead of time then I don't see where folks have anything to complain about.

Ummmm because when she signed the contract there wasn't a limit on dogs. Not saying what the HOA did wasn't legal and I'm sure the contract said they could change the rules so in the back of your mind you have to know this could happen, but yeah I think it still gives her reason to complain to suddenly put a rule on dogs that wasn't there before.