Home Owners Association?

[napayshni65]

I live in a condo (which we own) and when we moved in the HOA rules were acceptable and fair. Also when we moved in we we're told that there would NEVER be any sort of restrictions on pets. A few years after we moved in, the board started changing rules and by-laws without notice. We have 1 meeting a year and we take "votes" on what we want to change. I put votes in quotations because it isn't a vote at all. Not all the home owners come to the meeting so if they take a vote its of approx. 30 people and they say a majority is 16 (which technically is during the meeting, but what about the others?). I've talked to some people and they said that they can't change rules without notice, votings like that, and sometimes without any sort of voting at all. The problem to me is when we moved in we could own any pet we wanted. Now they have restrictions on all types of pets, most concerning to me dogs. We can't have any "large breed" dog (large breed to them is anything over 25lbs). My dog is a 15" beagle who weighs 36lbs, they haven't come after him yet, but it's just a matter of time. Right now, I'm going to go to a trade school in the next year and I NEED 2 dogs in order to attend that program. I know you're probably thinking, just get small dogs-- I can get 1 small dog, but the other would have to be able to compete in Schutzhund and sports of that nature. I know almost every dog breed out there (even rare breeds) and I know of know dog that is able to compete in those competitions weighing less than 25lbs. So my question is, can I fight this? Dog's are considered property, can they tell me what property I am and am not allowed to own? Isn't it in the constitution that I have a right to protect myself and my home, wouldn't making me get rid of a protection dog violate my right? Don't I have a right to an education, wouldn't it be a violation of that right to prevent me from going to school to get a career?

Anybody can answer, but I'd prefer people in the legal business or people who run/manage HOAs. Please no rude comments like "you shouldn't have moved into a HOA then" because I told you everything was different when we moved in. I was also a minor at the time we (me and my mom) moved in, so I didn't really have a choice. Thank you in advance.

[abelard29]

The laws that regulate HOA's are almost 100% state laws- so your state could be very different than others. It also depends on how the rules are written. If you are willing to hire an attorney you could fight this and perhaps win. Maybe their ate not counting the votes correctly or not notifying the members of all the meetings correctly. But yes- they can change the rules as long as they obey the laws.

The constitution does not protect any of us from regulations on dog ownership.

[smid]

I am sure the majority of the vote mean those that attended the meeting to vote. If there is only one meeting per year surely there must be some way you would find a way to attend. The vote is legal, if the complex only have 30 members that chose to attend the meetings then those are the votes that count.

Home owners associations would determine what by-laws would be retroactive. Some are and some are not.

Many of these new rules governing animals and pets might be because of liabilities required by the insurance company.

I hope this has been of some benefit to you, good luck.

"FIGHT ON"

[jan46]

No, your HOA can't pass new bylaws without it getting at least 75-90% of the vote (depending on what your HOA bylaws state about percentage needed to pass bylaws). They can't just pass them without voting - they must give notice to all owners in advance of any votes or special meetings to take place, or whom to give proxy votes to etc. They can't just do stuff on a whim. If they tried, it wouldn't be legally considered a bylaw as the owners hadn't voted on it yet.

BUT if the voters did all pass this bylaw, the general rule is that current owners are grandfathered in with their current pets but CANNOT get new ones after the bylaw has been registered with the appropriate legal body. Dogs aren't considered property and you have no legal ground to stand on regarding "protection" and violation of rights bla bla bla.

Also, I don't think you know the term "trades school" because it means electricians, plumbers, heavy machinery operators, welders etc. NONE of those trades require one pet, or even two pets. So whatever you are doing is not actually trades related but your personal enjoyment or whatever NON-trades program you speak of. Yes you have a right to your education, but your education has no relevance to your HOA and the bylaws the HOA has.

[wal49]

go to your local housing authority to check if the home owner's ***'n is legit including its by-laws.