Course of Conduct Re: Pet Policy

Navigation

Course of Conduct Re: Pet Policy

Submitted by dmg2242 on Fri, 07/18/2008 - 4:05pm. HOA Forum

My HOA has decided after over 20 years to enforce a pet policy that would require that most pet owners in my complex get rid of at least one pet. A couple of owners that have lived at the complex for 20 years or longer claim that the rule has never been enforced by the HOA or Board of Directors in that no letters or notices have ever been sent to owners who are not in compliance with the rule.

I have been at the complex for three years and have never been cited for violating the pet policy.

I've been told that since the rule has never been enforced, the HOA has in effect waived their ability to enforce it--though it seems to be a gray area.

We have circulated a petition and believe we have over 50% of owners signatures agreeing with the need to change the policy. The pet policy only appears in the Rules and Regulations, but not in the Declaration or Bylaws. The Rules and Regs indicate that a rule can be amended by the Board from time to time--but the Board is claiming we would have to amend all the governing documents. Is this true?

Has anyone had a similar experience with their HOA? If so, could you share the outcome?

Thanks-

» email this forum | digg

digg |

reddit |

Go to your own HOA documents

Submitted by Rusario on Wed, 07/23/2008 - 4:31am.

Go to your own HOA documents and read them! It is to vague from where I sit to comment unless you have the documents for reference. It will tell you what rules. Don't assume someone else has read them. Do your own due diligence.

» reply | email this comment | quote |

Believe me, I've done my due

Submitted by dmg2242 on Wed, 07/23/2008 - 7:39am.

Believe me, I've done my due diligence and could recite our bylaws from memory at this point. :) The pet policy doesn't appear in the bylaws or declaration at all. It's only set forth in the rules/regs. We've finally established with the board that we don't have to amend any governing docs.

The question at hand is whether or not they can enforce a rule that hasn't been enforced from it's inception, for over 20 years. It'll most likely come down to a judge's decision if it gets that far. The residents are trying to work toward an amicable solution with the board, but it's slow going. There's one resistant lady on the board (secretary) that is blocking us at every turn.

I'd be interested to know what the case law is on this issue.

Thanks!

» reply | email this comment | quote |

Yes, what is case law on

Submitted by Jeff_LM (not verified) on Wed, 07/30/2008 - 10:24am.

Yes, what is case law on this and other enforceability issues? Georgia O.C.G.A 44-3-70 and 44-3-220 outlines provisions for HOA and Declarations but DOES NOT provide for enforceability. The Declaration does.
This instrument can be very detrimental to your health.
The HOA Declaration that pretends to lord over me and my real property says "Declarant declares that, the real property described in Article 1, section 1 of this Declaration (he is a redneck developer with a redneck atty and maintains a seat on the volunteeer 'board') including the improvements constructed or to be constructed thereon, is subjected to the provisions of this declaration, and shall be held, sold, transferred, conveyed, used, occupied, and mortgaged or otherwise encumbered forth in this Declaration, which are for the purpose of protecting the value and desiribility of, and which shall run with the title to, the real property subject to this Declaration, and shall be binding on all persons having any right, title, or interest in all or any portion of the real property subject to this Declaration, their respective heirs, legal representatives, successors, successors-in-title, and assigns and shall be for the benefit of all owners of the property subject to this declaration."

Rather encompassing, now isn't that?

» reply | email this comment | quote |

HOA Nut House