Can My HOA Make Me Get Rid of My Dog?

Most homebuyers know to review the HOA (Homeowner’s Association) documents provided by the seller during disclosures to ensure the rules will not interfere with their lifestyle. Yet, once they become homeowners, often these same people do not pay attention to bylaw changes over the years. So, when they find themselves in violation of a bylaw, they are caught off guard. When this affects a beloved pet, this can be very upsetting. But can an HOA force a homeowner to get rid of their pet? Often, they can. An HOA has a duty to create and enforce restrictions to ensure the well-being and safety of the homeowners in the association. If they operate within the guidelines of federal anti-discrimination laws, HOAs have broad latitude to create their bylaws, including the complete restriction on having animals in one’s home or on HOA property. This is an extreme rule, however. Typically, restrictions include the requirement to keep pets on a leash, to remove pet waste, and to keep pets off association grass or landscaping. Considered “reasonable restrictions,” an HOA may prohibit a specific type of pet, such as a pig or bird. It may also limit the size or breed of a dog. One exception to any restriction is the ability of an owner to have a service animal. Another situation that may allow a pet in contradiction to a bylaw is a member who has already had a specific animal when the rules changed. In most cases, these animals are allowed to remain. Most HOA communities welcome pets, but an HOA does have significant power to influence the standard of living within the community. Careful understanding of the HOA and climate of a community will avoid painful issues and ensure a pleasant homeowning experience.

An important part of the home buying process is having a professional home inspection. Even homes listed “as is” should have an inspection if only to understand what “as is” means. A comprehensive home inspection will examine all major systems, such as heating, cooling, electrical, and plumbing. The inspector will also look for signs of water intrusion and check the roof for leads or wear and tear. Once the inspection is complete, the home buyer will receive a copy of the findings for review. Often buyers are shocked at the number of issues uncovered and may even wonder if they should walk away. Most of the time, this is unnecessary; even the best maintained home will have plenty of things to review, most of which are more a “honey do” list than a deal breaker. So, what are the deal breakers? For anyone considering a major remodel, there may not be any deal breakers on the list. Those who have stretched to buy the house, may not have the available resources to make any significant repairs and will want to negotiate as much as possible. Most agents agree that the main thing to focus on is the fire, health, and safety sections, missing fire flues or smoke detectors, and unsafe electrical hazards or firewall breaches. Also check for evidence of foundation cracks, water intrusion, and roof leaks. Before accepting any cash credit, one should get a few estimates from repair contractors to ensure the dollar figure offered is sufficient. Most home inspections create a list of deferred maintenance and minor repairs. Working with their agent, a home buyer can narrow the list of requests to the essentials and tackle the others once they move in.

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