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can a condo association tell me i can't have a pet? especially a cat, who's not bothering anybody...: the declaration of my condo association say's "no pets allowed". i'm wondering if legally they can create such a rule. i own my place. i'd like to have a cat. the whole thing seems silly to me.

Posted 3 months ago in Residential

Charles' answer: Prohibitions on owning a pet are generally considered a valid restriction on the use of your condominium, but must be in your condominium declaration (rather than the rules and regulations or bylaws) in order to be valid and enforceable. If, as you indicate, the "no pets" restriction is in your association's declaration, it is likely a valid and enforceable rule. Exceptions must be made for service animals and sometimes "companion" animals recommended by health care professionals. The owners can also change the restriction in the declaration by amending it through a process that would be described in the declaration.

Posted by a user, 3 months ago.


What % of HOA membership consent is required for zoning change.: Our 55 or older community wants to apply for a different zoning status to bring us in to conformance with the laws. Our Board says we only need 67% consent from the lot owners in the community. We feel it needs to be 100% in order to make this change.

Posted 3 months ago in Residential

Charles' answer: I posted this answer to one of your earlier question/posts: Typically “zoning” relates to governmental restrictions on use of property, such as designating property exclusively for residential or agricultural use. Zoning is not part of the restrictions recorded against property within an Association’s CC&Rs or other governing documents – such as being a 55 and older community. Whether an amendment requires a majority, a super majority, or 100% approval of the owners within a community will depend on the specifics of the community’s governing documents, and cannot be determined without examination of those documents, and an understanding of the type of amendment being sought. Some amendments may be designated as “material” amendments, and require a greater percentage of the owners’ approval, and may even require approval from the lenders holding mortgages on the properties. You will need to find an attorney experienced with community associations to review the specifics to determine what vote if any is required to amend the documents. It is possible that the zoning can be changed by the government, with no action by the community, and the changes may or may not affect the lots within the community. That will also depend on the specifics of how the CC&Rs for the community are drafted.

Posted by a user, 3 months ago.


What % of HOA membership consent is required for zoning change.: Our 55 or older community wants to apply for a different zoning status to bring us in to conformance with the laws. Our Board says we only need 67% consent from the lot owners in the community. We feel it needs to be 100% in order to make this change.

Posted 3 months ago in Residential

Charles' answer: Typically “zoning” relates to governmental restrictions on use of property, such as designating property exclusively for residential or agricultural use. Zoning is not part of the restrictions recorded against property within an Association’s CC&Rs or other governing documents – such as being a 55 and older community. Whether an amendment requires a majority, a super majority, or 100% approval of the owners within a community will depend on the specifics of the community’s governing documents, and cannot be determined without examination of those documents, and an understanding of the type of amendment being sought. Some amendments may be designated as “material” amendments, and require a greater percentage of the owners’ approval, and may even require approval from the lenders holding mortgages on the properties. You will need to find an attorney experienced with community associations to review the specifics to determine what vote if any is required to amend the documents. It is possible that the zoning can be changed by the government, with no action by the community, and the changes may or may not affect the lots within the community. That will also depend on the specifics of how the CC&Rs for the community are drafted.

Posted by a user, 3 months ago.


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