Can HOA Make Me Get Rid of My Dog?
Many associations have a clear no-pets policy, offering no leeway whatsoever. In that case, the answer to this question depends on when the policy was enacted. If such a policy already existed before you decided to get a pet, then the HOA can legally make you remove your pet. Conversely, if you already own a pet and the HOA introduces a new no-pets policy, then there is a good chance the HOA can’t enforce the policy against you.
The type of association can also influence whether or not an HOA chooses to adopt a no-pets policy. Such a policy is usually more common in condominium settings than single-family home settings. This is because pet noise is a much greater concern when units are so close together. Additionally, there is not much green space in condos where dogs can roam and play.
The question remains, though: Can a condo association restrict pets? Simply put, condo associations generally have the same right to restrict or prohibit pets as single-family or townhome communities.
Can HOA deny emotional support animals? When establishing your community’s pet rules, make sure that they are compliant with local, state, and federal laws. For example, even if you are a community that prohibits pets, you still have to follow the Fair Housing Act (FHA).
According to this law, people with disabilities have a right to reasonable accommodations such as having service animals and emotional support animals. Similarly, the Americans with Disabilities Act (ADA) allows people with disabilities to have service animals. But, the ADA makes a distinction between service animals and emotional support animals.
Regardless, the association may want to consider the added stress that will come with having to differentiate between service animals and emotional support animals — as both provide valuable assistance to people with disabilities. When dealing with these cases, the HOA can always ask for certifications or documentation for clarification.
If you are amending your governing documents to include new HOA rules on dogs, you may also need to think about the grandfather clause. This would exempt current homeowners from the new pet rules. However, if the new pet rules are really important, it’s still best to talk with your community to ensure cooperation and compliance.
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Pets can be a welcome addition to a family. A loyal dog, a comforting cat, or even a calming fish tank can vivify a household and provide a soothing distraction from the daily grind. However, unfortunately, pets can also occasionally become an annoyance to neighbors.
Overly abundant cats or noisy dogs negatively affect a development’s quality of life and aesthetic appeal. Aiming to curtail potential nuisances, many homeowners’ associations have adopted pet restrictions within their declarations, establishing rules regulating members’ pet choices and practices. Find out what homeowners’ association can (and cannot) do under the law.
The limitations on pet ownership found in most developments are known as “reasonable restrictions.” Particular species or dog breeds might be prohibited or pets limited to a maximum size. Members may be constrained in the total number of pets they can own and required to keep dogs on a leash and clean up any “messes.”
The majority of associations do not mind their members having pets – they want to make sure the animals do not disturb other residents.
However, due to the nature of certain communities, some associations (most commonly in condominiums) have adopted blanket prohibitions on all pets. These more stringent restrictions are frequently challenged and, for the most part, have been upheld in court.
In sustaining a total prohibition on all pets, the California Supreme Court held that as long as a restriction does not violate public policy, is not “wholly arbitrary,” and does not impose a burden on members greatly outweighing the projected benefits; it should be enforced. Nahrstedt v. Lakeside Village, 8 Cal.4th 361 (1994).
For the most part, state courts throughout the country agree with the California court’s Nahrstedt decision and enforce blanket pet prohibitions as long as validly adopted[1]. Interestingly, though, the California legislature did not like the decision.
In response, it enacted Cal. Civ. Code §4715, which establishes the right of all members to keep at least one pet. Associations can still adopt restrictions on breed, size, number, and other reasonable criteria, but, for the most part, homeowners who buy a home in a California development, have a legal right to own at least one pet.
Enforcing community covenants is ultimately the responsibility of the HOA board, and pet restrictions are no exception. If a member refuses to comply after being notified of a violation, the board can impose a fine (if authorized by the community’s governing documents) or take legal action.
If necessary, the board can file a civil lawsuit requesting injunctive relief against the nonconforming member. With pet restrictions, this usually means an order directing the member to remove the animal from the development. If the member refuses to comply with a court order, the judge can direct the sheriff to enforce it and hold the member in contempt, which can result in a fine or even jail time.
With any restriction or covenant, including pet restrictions, association boards should strive for uniform and even enforcement. If a board enforces a restriction sporadically – or gives board-members or their friends a pass – the association risks waiving the right to enforce the restriction in the future.
The idea is that every covenant must serve a purpose. Moreover, if the board’s enforcement is arbitrary or capricious, the board is implicitly saying that the purpose is not all that important. Then, if the restriction is later challenged, a judge might decide that, based upon the prior non-enforcement, the association has abandoned its right to enforce the restriction. Alfaro v. Community Housing Improvement System & Planning Assn., 171 Cal.App.4th 1356, 1380 (2009).
While uniform enforcement should be the goal, sometimes enforcement is not possible against certain residents. For instance, when a member is already engaged in conduct that becomes restricted by a subsequent amendment. So, if a resident already owns a dog, and the association amends its rules to prohibit dogs, the board might not be able to enforce the new rule against that specific member and dog.
California’s legislature codified an exception concerning HOA pet restrictions at Cal. Civ. Code §4715(c). The statute disallows enforcement of a newly-enacted pet restriction against an owner whose pet was previously compliant. The legal theory of “grandfathering” is similar to the ban on ex post facto laws included in Article I of the U.S. Constitution. Both theories are rooted in the principle that a person should not be punished for engaging in an act that was not against the rules when it occurred.
When adopting new pet restrictions, associations are well-advised to include a clause expressly exempting members from keeping non-compliant pets before the effective date of the amendment.
Along with promoting fairness to members, exemption clauses also protect the board by preempting future waiver claims based on non-enforcement against exempted residents. Moreover, by writing the exemption to expire upon transfer of the property or when the member no longer owns the non-compliant animal, the exemption clause can gradually phase out until the restriction applies to all members.
Establish Liability for Pet Owners
A good rule when it comes to the HOA and dogs is to establish liability for pet owners in the community. This is to protect the association in the case of injury, damage, or extreme disturbance caused by pets. Having a clear liability policy also reduces the chances of costly and tedious legal proceedings for all parties involved.
Homeowners should be accountable for the actions of their own pets as well as the pets of guests who stay in their house/unit. They should indemnify the association or other residents for any loss or damage caused by their pets.
Can HOA dictate pets? Can HOA enforce a pet limit? These are common questions homeowners ask. The answers to these questions, though, are rather simple.
Generally speaking, homeowners associations do have the ability to dictate what kind and the number of pets are allowed in the community. These additional HOA pet restrictions can vary from association to association. Some of the most common HOA dog restrictions, though, include the following:
Many associations use a blanket term prohibiting “aggressive” dog breeds. That sort of language can be tricky, though. While a few breeds are generally considered to be aggressive, there is some debate when it comes to other breeds. What happens if your HOA allows a dog that some members find aggressive while others don’t?
Additionally, you may run into issues with technicality if the dog is a mix of two or more breeds. In these cases, it is best to defer to a pet control official or look to local ordinances about dog breeds.
In a word, yes. The same rules can apply to pets even if you only intend to keep them indoors at all times. Keep in mind that most HOAs offer homeowners some sort of compromise. In other words, only a handful of HOAs bans all kinds of pets. That being said, these associations generally do have a right to establish HOA dog rules or even have a strict no-pets policy.
Woman may have to get rid of 3 dogs after HOA complaint
Pets can be integral members of a family… and thus, integral members of a community. The average homeowners association, or HOA, welcomes four-legged residents with open arms. With that said, it is perfectly acceptable to have an HOA pet policy, including certain pet restrictions, in place. These HOA pet restrictions can help ensure that all residents of the HOA feel safe and comfortable, while also creating safeguards against things like excessive barking and noise.
If your HOA does not currently have pet policies in place, now may be a good time to consider them. There are a number of homeowners association pet restrictions that can make your community more welcoming to all, while also providing home and condo owners with clear expectations about what kind of pets they may have and how their pets must be cared for.