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Pet rules in HOAs and condo associations

Posted on Sat, Feb 27, 2010 @ 07:34 AM
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The HOA complex that we just moved into allows petpet rules as long as they are under a certain weight. Apparently they imposed a rule on the homeowners that if you are renting the renters cannot have pets. Can they impose that rule on the homeowners but still allow everyone else to have pets as long as they are the owners of the condo?

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Comments

Yes, this is one of the few things that can be imposed on renters. Confirmed two days ago through the ombudsman training class on covenants and restrictions.
Posted @ Saturday, February 27, 2010 5:09 PM by Joyce Cerroni
The Ombudsman's office changes it's opinion quite often. BTW the Ombudsman's opinion doesn't matter, because it does not fall within their powers to deem rules enforceable or unenforceable. 
 
The Ombudsman's powers and duties can be found in the Florida Statutes 718.5012. I wouldn't expect them to actually do what they have the powers to do though.... 
 
If the Association tried to enforce that rule, against a renter, they would have to file with the DBPR for arbitration. It would be up to an Arbitrator to issue a ruling. Selective enforcement could be used as a defense. Also of question would be whether or not the rule promulgated would be reasonable. The Board's rules should always be reasonable. As managers we have been taught that applying rules differently to owners and renters should not be done.
Posted @ Monday, March 01, 2010 11:21 AM by Joyce Nord Joyce@thecondocommando.com
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