Can HOA board change pet rules and make them retroactive? (Phoenix: renter, condo)

[mollsmom]

In my HOA in Phoenix there are many homeowners/members with several pets. The President of the HOA has drafted new rules for the CC&Rs that basically say that from a certain date forward only one pet per home would be allowed. And that all those who already live here (a town house community) must have their second, third etc pet approved by the board and a permit issued for the pet to stay here.

I thought this sort of thing was illegal and that residents who have more than one pet would be grandfathered in if new rules were adopted by the community and go into effect.

Can an HOA of homeowners with yards, some of them large, mandate how many dogs/cats we have? And could it force those of us with more than one pet, to leave if we are homeowners who have lived here happily for several years?

[MMichelle]

I'm in Colorado and I know HOAs in this area very well. Please take that into consideration when reading my comments. Generally....

Yes, the Board can usually change the pet policy. Check your governing documents - there should be an article called "pets" or household pets, etc.

Most likely you have - the declaration, bylaws and Rules & Regs. Pets will be noted in the declaration. The declaration should allow your Board to govern the pet policy. Then check the Rules & regs for the current rules. Usually the declaration will allow the Board to change the rules - and the rules re: pets.

This is not to say that you should not attempt to rally your fellow homeowners. Choose a stand. What do you really want? Do you want the current pet policy to remain? ... just current pets to be grandfathered? etc. Just like any citizen, let your input be heard and don't assume it won't be. Don't assume they are all "dog haters", etc. Be reasonable and try to see other points of view.

Once you know the governing documents - ask to be on the agenda of the next Board meeting and present your case.
I don't want to rant.
Let me know if this helps or you have other questions.
Michelle

[ArizonaBear]

This HOA incident reminds me of a funny story concerning one in Tucson many years ago.

A woman bought a new home in an subdivision still under construction which did not have an HOA.

The enclave was finally finished whereupon an HOA was instituted...............

Long story short: this HOA tried to force the above property owner to do something but she told them to go pound sand.

HOA attempted to sue her but they lost the case----------big time. Why they lost was because she refused to join the HOA and hence they had no case.

[buckeyenative01]

Most HOA boards are comprised of sad sacks who are pushed around by everyone else in their lives and the HOA is the only place where they have any control over anything, now matter how minute it may be.

[Lovehound]

I'm not a lawyer so I won't comment on the legality, but one pet is pretty unreasonable. I think it would be more reasonable, and perhaps more easily enforceable, if they made it three pets, i.e. total number of dogs plus cats equals three. Get into the four plus area and perhaps the HOA might have reasonable grounds that a homeowner is going overboard.

[buckeyenative01]

But if they were allowed to have three, what would the HOA have to rulemonger?

[Ponderosa]

It depends on your by-laws. You are going to have to read them. Many require a vote of a substantial majority to change the rules. But more often broad powers are given to the board in their ability to interpret and implement the rules in a capricious manner (often favoring the members directly and their friends). For example, the rules will say a "reasonable" number of pets is allowed but defining "reasonable" is left to whatever committee. The committees are empowered to interpret that and change the interpretation at will. Someone's dog craps on a committee member's lawn and voila - no dogs are reasonable. This kind of vagueness would never be allowed under the legal system but is par for the course in HOA rules. Basically, you have no rights. You signed them away to buy your house/condo. You could fight and you might win in court, but it would be easier to move.

[Nanny Goat]

We had pet rules via the HOA in the last place I lived. I totally ignored it. I had 3 cats and one dog at the time--all inside and well taken care of. We never walked our dog on other people's property and let her poo poo, etc. so it was a non-issue for me.
I think if people take care of their pets who really cares? There are those who don't and their pets become everybody's problem (messes, barking, etc.). That's probably why they make those rules.

[Dorris]

Okay, stop the inane drivel about HOA boards, who btw are homeowners in your neighborhoods with a vested interest in keeping the trash (human and otherwise) to a minimum. Rulemongering sad sacks? Buckeyenative 01, you need a life. Better yet, join your board - you'll have plenty to keep you busy fielding the incessant complaints about barking dogs.

Which harks back to the issue of limiting number of pets... in my neighborhood the homes are small and 20 ft. apart. More like townhome living, and really, how many large dogs do you reasonably need to pack into a townhome. In my neighborhood the number seems to be 2-4, and that's a lot of barkage. Although our CC&R's limit pet quantity, the board has pretty much deemed it unenforceable. Which leaves the entire issue up to neighbors to resolve.

[FireRx]

In my HOA we have the same issue as Dorris. You have to files a complaint and be willing to show up in court to get the matter resolved. I have a renter next door with a large dog that he keeps inside the home that charges the Windows when I'm out working in my yard. I've advised him of this 4 times to no avail. The last time I talk to him I advised him if the dog come crashing through the window, I will defend myself, and he will find his pet expired. Problem solved. Being on an HOA board, I try to put myself in the homeowners, and the renters shoes before making dicisions. There's always someone that's going to push the envelop as far as the rules are concerned. I find it's best when I advise people one on one.