HOA Limits (attorney, landscaping, neighborhood)

[03bluecoupe]

Originally Posted by LandsharkJB

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.

As long as you have proof of that then you've nothing to worry about.

[Shabotnik]

We just changed our HOA rules. New buyers have rental restrictions that don't apply to existing owners. I told the President they couldn't make rules for existing owners, he didn't believe me, but then the committee spoke with the lawyer and he agreed with me.

These changes are tricky and expensive.

[Sunshine Rules]

Originally Posted by Shabotnik

We just changed our HOA rules. New buyers have rental restrictions that don't apply to existing owners. I told the President they couldn't make rules for existing owners, he didn't believe me, but then the committee spoke with the lawyer and he agreed with me.

These changes are tricky and expensive.

These types of changes can also be a big pain in the backside for real estate agents and buyers if the current owner fails to disclose things such as all future owners will have to abide by the newly passed rental or pet restrictions.

FL statutes only require the purchase contract disclose to buyers that there is a mandatory HOA with dues and deed restrictions, but nothing requires the seller to provide the buyer with the actual recorded deed restrictions.

Here's a link to the actual required HOA disclosure:
Statutes & Constitution :View Statutes : Online Sunshine

[Avalon08]

Originally Posted by LandsharkJB

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.

Hmmm, you do raise an interesting point. Assuming the HOA follows the documented legal process for changing use restrictions, they can certainly make this new rule. But in this case, does "grandfathering" mean her existing three pets are legal until one dies, and then she's no longer grandfathered? Or does grandfathering mean she is exempt from that new bylaw forever because when she bought, there was no restriction on the number of pets? If I were her (she), I would talk to an attorney who is an expert on HOA law -- just make sure it's not her HOA's attorney.

[03bluecoupe]

Originally Posted by Sunshine Rules

These types of changes can also be a big pain in the backside for real estate agents and buyers if the current owner fails to disclose things such as all future owners will have to abide by the newly passed rental or pet restrictions.

FL statutes only require the purchase contract disclose to buyers that there is a mandatory HOA with dues and deed restrictions, but nothing requires the seller to provide the buyer with the actual recorded deed restrictions.

Here's a link to the actual required HOA disclosure:
Statutes & Constitution :View Statutes : Online Sunshine

Boy, anyone who would buy in an HOA without CLOSELY examining the details of that HOA needs their head examined! The other thing is to get a current copy of the HOA documentation upon purchase and save it with your important papers so that you have documentation of what the rules were at time of purchase. (at least it seems like a good idea to me.... )

[loves2read]

Originally Posted by LandsharkJB

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.

Read the original post again
The owner had 3 dogs--then HOA passed rule that only 2 dogs were allowed
The owner's 3 dogs were "grandfathered" meaning she was allowed to keep them but not allowed to increase her 3--which she wants to do apparently.
And if one of her three were to die, she would not be allowed to replace it I imagine.

As other posters pointed out--the the new rule was put into place correctly by following HOA's policies then the 2 dog limit is legal. The SIL is member of the HOA--she probably had opportunity to express her views about change and maybe opportunity to vote against it--depends on how rules are devised. Even if only the Board voted on the issue it is
Very costly to litigate an issue like this and since the SIL is homeowner she would be paying her share of the HOA's legal fees to defend the 2dog limit as well as paying her individual cost to litigate against it...
Can't win in situation like that IMO.
Plus earn enmity of some neighbors in all likelihood...

In our TX HOA we bought when development was still controlled by developer
Just after we bought but before we moved in the HOA matured and set up a homeowner Board with new rules by which the HOA is governed. We didn't know the rules changed significantly under new Board. Most old and new homeowners did not---big fight when people realized that under new HOA rules ONLY board votes for almost any change to HOA rules--like limits on pets or types of roofs allowed. We can only vote once year for Board members.
Would not have bought home w current provisions
Just hope they won't be issue when we try to sell.

[photoman_6]

Originally Posted by loves2read

Read the original post again
The owner had 3 dogs--then HOA passed rule that only 2 dogs were allowed
The owner's 3 dogs were "grandfathered" meaning she was allowed to keep them but not allowed to increase her 3--which she wants to do apparently.
And if one of her three were to die, she would not be allowed to replace it I imagine.

As other posters pointed out--the the new rule was put into place correctly by following HOA's policies then the 2 dog limit is legal. The SIL is member of the HOA--she probably had opportunity to express her views about change and maybe opportunity to vote against it--depends on how rules are devised. Even if only the Board voted on the issue it is
Very costly to litigate an issue like this and since the SIL is homeowner she would be paying her share of the HOA's legal fees to defend the 2dog limit as well as paying her individual cost to litigate against it...
Can't win in situation like that IMO.
Plus earn enmity of some neighbors in all likelihood...

In our TX HOA we bought when development was still controlled by developer
Just after we bought but before we moved in the HOA matured and set up a homeowner Board with new rules by which the HOA is governed. We didn't know the rules changed significantly under new Board. Most old and new homeowners did not---big fight when people realized that under new HOA rules ONLY board votes for almost any change to HOA rules--like limits on pets or types of roofs allowed. We can only vote once year for Board members.
Would not have bought home w current provisions
Just hope they won't be issue when we try to sell.

I think this is the norm-Board makes all the rules, contracts and decisions, they may consult or inform the members as they see fit, and all homeowners can do is to go to any open meetings and vote board members in or out. This system makes it more efficient and effective to conduct the business of the HOA. I encourage Boards to make their regular meetings open to homeowners in an informational capacity and to as questions or be heard on issues in a structured environment.

[macrodome2]

Originally Posted by photoman_6

I think this is the norm-Board makes all the rules, contracts and decisions, they may consult or inform the members as they see fit, and all homeowners can do is to go to any open meetings and vote board members in or out. This system makes it more efficient and effective to conduct the business of the HOA. I encourage Boards to make their regular meetings open to homeowners in an informational capacity and to as questions or be heard on issues in a structured environment.

It depends on what is in the bylaws. In order to change our bylaws, 2/3 of the homeowners need to approve. The Board can put the change forward, but they can't make it effective until they get approval from 2/3 of the homeowners.

[IC_deLight]

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.

New ownership of a "community"?
Sounds like your parents were at best renting.


An HOA corporation is not a government. It is a private corporation trying to exercise governmental powers. People aren't "choosing" these places. Virtually all new development for decades is HOA property. The housing choice for the vast majority becomes "which HOA" not whether or not there is an HOA.

[dpbarr2000]

If you don't want to live by other people's rules, don't live in a HOA restricted community.