Homeowner's Association, and Pets

Asked by Damien Samuel, 60640 Wed Apr 23, 2008

We are scheduled to close on a new construction condo in a 6 unit building, and are the first under contract. As a result, the homeowner's association is still under the developer. We currently have two dogs, but are considering a third... unfortunately we have been told that the association docs currently have a limit of two dogs. What can be done about this, and when could it be done?

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LaShawn Nord…, Agent, Altamonte Springs, FL
Wed Apr 23, 2008

As an animal lover myself, I feel for you. Unfortunately though, regardless of whether the HOA is under the developer's control or the individual homeowner's control, the governing documents/covenants are what determines what will and will not be accepted in the community.

In my experience, the only way that those documents can be changed is by a majority vote of the owners. If and when that occurs, the documents can be ammended and re-recorded in the public records.

I am currently on the Board of Directors for my community and we had a similar issue only to find out that the process of changing the "rules" would be time consuming and costly as it often requires the services of an attorney.

I would suggest getting a copy of your HOA documents (as the developer would be required to provide you with such when you entered into a sales contract) and review them in depth to see what the process would be to make modifications in the future.

Best of luck to you!
1 vote
Ken Dooley, Agent, Chicago, IL
Thu Apr 24, 2008
You'll be living with 5 other home owners. There's a limit for a reason and don't be surprised if some owners in the building are unhappy with you having two dogs. Your dogs could be the quietest and friendliest but developers and subsequent owners don't want any risk. As Stacy says, don't get a third dog.
Web Reference:  http://www.KDRchicago.com
0 votes
Stacy Karel, Agent, Chicago, IL
Wed Apr 23, 2008
You know going in that the limit is 2 dogs. Don't get a third dog.
0 votes
Ida Mccarthy, , 60148
Wed Apr 23, 2008
Daniel, I had a lady who had a dog..... and the rules for the building said no dogs over 30lbs. My client's
dog weighed 80 lbs. Before we signed the contract, the listing agent called the association and she had to sign a form of some kind, (like a variance), and she did have to put up 100.00 as a form of a security deposit. As said below though, a lot of places wouldn't do this. You could at least suggest it and see what happens. Or, I don't know how motivated you are, join the board and see what happens.

Good luck to you!
Web Reference:  http://www.idamccarthy.com
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