HOA Updating and Revising Deed Restricitons

[Heathcliff]

What is the name of your state? Florida

Hey everyone.

The home we live in (single family home) has a HOA. The HOA is currently updating and revising the Deed Restrcitions and bylaws of the community. We have 4 dogs in our house, a board member told me that the President is pushing to change the limit of dogs allowed in the community to only 2 per household. If they put that up for a vote and it passes then how will that affect our household which has 4 dogs? The deed restrictions we signed several years ago said nothing about a limit of dogs per house. Can they force us to give away 2 of the dogs? Can they fine us? Will we be protected by the old deeds since thats what we signed? If it helps any the town we live in does not set a limit to how many dogs a someone is allowed to have but apparently the HOA wants to change that.

Please I need some advice here, these dogs are like family members to us. Is there any law or anything that can help us here?

 

[SnowCajun]

Please I need some advice here, these dogs are like family members to us. Is there any law or anything that can help us here?

No attorney here, but I'm old and been around the block a few times ..lol.. wouldn't your dogs owned previous to the new HOA revision have to be grandfathered in and then after they die off the new restrictions would take effect from that point on?

To do this to you would be heartless to say the least, after all you've been following the previous agreement and there were not limits in that! I totally understand your dogs being like family to you, I've had many I felt that way about also.

Personally this may be worth a $100.00 consultation with an attorney to be sure where you stand, but I swear I just can't imagine them trying to make you get rid of pets you've already had for years, surely it should be worded to show pets owned previous to the date of the new restrictions have to be grandfathered in ..

Good luck,
SnowCajun

 

[mwbarton]

Have the changes been passed yet? If not, make your concerns known to the HOA. You may be able to have language included that allows you to keep your current pets. If not, then maybe you need to convince some neighbors to vote against the proposal to keep it from passing.

 

[Heathcliff]

No attorney here, but I'm old and been around the block a few times ..lol.. wouldn't your dogs owned previous to the new HOA revision have to be grandfathered in and then after they die off the new restrictions would take effect from that point on?

To do this to you would be heartless to say the least, after all you've been following the previous agreement and there were not limits in that! I totally understand your dogs being like family to you, I've had many I felt that way about also.

Personally this may be worth a $100.00 consultation with an attorney to be sure where you stand, but I swear I just can't imagine them trying to make you get rid of pets you've already had for years, surely it should be worded to show pets owned previous to the date of the new restrictions have to be grandfathered in ..

Good luck,
SnowCajun

Thanks for the reply. Im hoping our dogs can be grandfathered in! I was just looking to find out for sure or to see if anyone had any similar experience.

And MWBarton no the changes have not been passed yet but Im assuming they will because it appears the number of people in this community who have over 2 dogs is not that many at all.

 

[SnowCajun]

no the changes have not been passed yet but Im assuming they will because it appears the number of people in this community who have over 2 dogs is not that many at all.

Just out of curiosity, what will you do if they pass it and you're told you have to decrease your pets to only two, would you move? I hope they don't try that with you, especially since you've been in compliance with the previous rules.

We had a black lab for a lot of years, she was trained as a service animal due to my roommates disabilities, and some of mine also, she helped both of us tremendously. We always worked on educating people about service animals, but discrimination issues were absolutely awful. You'd not believe how many times places of business called the police on us when we refused to be thrown out due to our service animal. You'd also be surprised how often the police supported the business owners too, one police officer even telling me once after explaining the American's With Disabilities Act to him, "we don't support federal laws here, just our state laws!" .. sheesh!

People who aren't true pet lovers can't see that doing that to you is like telling you that you have to decrease your family size to two children only! The only fair way for this to work would be for it to apply to the future after your current pets die off, then two would be the limit for you from that time forward. I mean pets don't live that long anyway, so it's not like the wait would be decades! Fight the good fight and win, and the best of luck to you.

SnowCajun
Spokane Valley, WA

 

[Heathcliff]

Just out of curiosity, what will you do if they pass it and you're told you have to decrease your pets to only two, would you move? I hope they don't try that with you, especially since you've been in compliance with the previous rules.

We had a black lab for a lot of years, she was trained as a service animal due to my roommates disabilities, and some of mine also, she helped both of us tremendously. We always worked on educating people about service animals, but discrimination issues were absolutely awful. You'd not believe how many times places of business called the police on us when we refused to be thrown out due to our service animal. You'd also be surprised how often the police supported the business owners too, one police officer even telling me once after explaining the American's With Disabilities Act to him, "we don't support federal laws here, just our state laws!" .. sheesh!

People who aren't true pet lovers can't see that doing that to you is like telling you that you have to decrease your family size to two children only! The only fair way for this to work would be for it to apply to the future after your current pets die off, then two would be the limit for you from that time forward. I mean pets don't live that long anyway, so it's not like the wait would be decades! Fight the good fight and win, and the best of luck to you.

SnowCajun
Spokane Valley, WA

Hey SnowCajun! Thanks for your support. Its funny you mention you had a black lab who was a service animal. My dog which I personally have just the 1 the other 3 belong to family members, but My dog is a Emotional Support Animal. Without going into great detail about my situation I'm disabled due to Anxiety and anxiety related depression. Its a very serious condition which I also have documented by doctors, family members and by my own description. My dog is has been a tremendous help with my anxiety and depression and she truely is a Emotional Support Animal who I could not live without. EMA's and Service animals are different and have different rights as to where they are allowed to go with there owner. Also Service animals must be trained to perform a task where as Emotional Support Animals need only provide emotional support for people with disabilities like depression and anxiety. Some people obviously try to abuse the right and claim there animal as a ESA but dont have the medical records and doctors to back it up , which is not the case here I assure you. Emotional Support Animals are protected under the Fair Housing Act and I will play that card with the HOA if I have to. You should google Emotional Support Animals and see the very important role they play in ones life where there are needed.

Thanks for your support and I will continue to update everyone if there is any progress, and please feel free to continue with advice for me.

 

[SnowCajun]

Hey SnowCajun! Thanks for your support. Its funny you mention you had a black lab who was a service animal. My dog which I personally have just the 1 the other 3 belong to family members, but My dog is a Emotional Support Animal. Without going into great detail about my situation I'm disabled due to Anxiety and anxiety related depression. Its a very serious condition which I also have documented by doctors, family members and by my own description.

Wow we're running a parallel course for sure, I'm disabled originally with a back injury, but have developed an anxiety disorder also, though I can't figure out why, and a few other tag along issues as well, sleep apnea and restless leg syndrome also. I swear the only lie I ever knew my mother to tell me was that there were "golden years" .. bah .. no such thing. I really hate getting old .. lol!

I just made a big post somewhere else on the board about service animals, https://forum.freeadvice.com/showthread.php?t=391912&page=2&highlight=snowcajun incase you want to look!

Take care,
SnowCajun