Dog Registration in HOAs (documents, insurance, rental, state)
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The pet policy in my California HOA is that homeowners can have 2 pets, but only one dog, plus all the other usual rules about being a responsible pet owner. Recently the board has introduced a new dog registration rule. They actual ask more questions on it than the City does when you purchase your license to have a dog. There is no mention of any kind of pet survey or registration in the CC&Rs. How can they implement something that is not in the by-laws or CC&Rs? I also wonder if the rule is not discrimination against dog owners, considering that it does not include anything about cats, bird, reptiles or fish, which are the other pets mentioned in the pet rule. They have recently declared that they will fine homeowner's who do not fill out the Dog Registration form 200 dollars. None of this was voted on by the homeowners.
Pets and Parking are typically two of the most problematic areas faced by HOA's. People often see their pets as family and often expect everyone else to do likewise.
In most cases, a bylaw ammendment must be ratified by vote of the HOA homeowners, However, HOA's may establish rules and procedures for enforcing existing bylaws, by vote of the HOA board, without a homeowner vote.
This may also be an insurance company mandated census which is allowed under most HOA documents. Its a widely held misconception that HOA's can not do anything not specifically mentioned in the documents. Usually, there are broad general authority for many items that does not change the CC&R but rather are adminstrative in nature to conform with the CC&Rs.
I agree with the others who stated that the Board usually doesn't need homeowner approval to add or amend the Rules and Regulations. And they can also implement procedures without homeowner vote -- such as my HOA requiring parking stickers. But I don't know how they can fine you if there's not an official rule in place....but maybe that's covered under some kind of generic fining authority in the Bylaws. However, is it worth bucking the system for this?
Generally speaking, HOA boards have broad powers relative to rules and regulations.
Factions are common in all HOAs. They tend to become echo chambers and many seem to believe everyone feels the way they do. In reality, owners likely favor the rule or regulation, else there would be a petition or some other majority owner action to communicate a different opinion.
Some Dog owners everywhere have a tendency to not clean up after their dogs and dogs have potential to scare others, cause damage to common areas and make noice. This is not the case with cats, gold fish, birds.
I live in a SF HOA. Almost everyone has a dog. Some have 2-3. There are no rules about pets. Some owners would prefer that the HOA create rules and fines. Most prefer it the way it is. Municipal ordinances take care of barking dogs and owners who do not clean up after their dog.
Having said all this, beyond making certain that each dog has the required vaccinations, I am not sure the purpose of this registration in your community. Why not ask the board about the business objectives they are trying to achieve?
We are seeing more and more breed restrictions with HOA's, rental communities and even some smaller villages/towns!
Insurance companies are becoming VERY breed sensitive. Some insurance companies won't carry you if you have certain breeds forcing one into a high risk pool situation.
makes no sense, spending hundreds of thousands of dollars, and you have to conform to someone elses rules.
might as well stay in an apartment and let the LL dictate to you.
I just dont get the HOA thing????
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