No reptiles allowed

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richalisoviejo

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A friend of mine lives in a community here in Aliso Viejo that has an HOA, well one of the rules is you are not allowed to have any type of reptile. A dog, cat or bird is within the rules of his CC&R’s “Covenants, conditions and restrictions” but no reptile of any kind.

Silly rule.
 

Laura

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They have probably had snakes and iguanas get loose and they scare/terrify so many people.. One bad apple.. Im surprised they allow others tho...
 

spuds

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That sucks! I hope that won't be a growing trend with CCRs.
 

richalisoviejo

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spuds said:
That sucks! I hope that won't be a growing trend with CCRs.

An HOA is a legal entity and can place any restrictions, however I read my friends entire CC&R’s. It also states you can have only one dog and a cat but not two dogs. A few residents have two dogs and received the Okay letter from the HOA that being said it would be decimating against a reptile owner. So legally that rule would be hard to enforce.
 

Jentortmom

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As far as I am concerned that is a bunch of garbage. I hate HOA's and there CC&Rs. Mine say nothing about reptiles, but it says you are only allowed two of each and there is no breeding allowed. What the hoa doesn't know won't hurt them. All I can say is my next house will be HOA free, they take your money and do nothing for the neighborhood.
 

richalisoviejo

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The CC&R’s make no sense at all. There is another section that states if you decide to rent your home you cannot rent to a tenant with pets, renters are not allowed pets. This also is legally unenforceable. Its up to the owner if he wants to allow his tenant to have pets or not. The HOA cannot discriminate against renters.
 

Jacqui

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I think the people are within their rights to say you can have this or not that. After all the people living in those places don't have to live there, they choose to live there. Part of choosing to live there is choosing to live by the rules.

This is true of somebody renting a home/apartment, somebody living in a home owner's association place, or even the city, county, and state you live in. This is why I moved to a small town with very few rules and bought my own place there.
 

desertsss

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I must agree, that people choosing to live there have to abide by the rules. The stupid thing is though, that a lot of HOA policy books are about as big as the bible. Mine was and I constantly kept getting fines. They don't expect you to read all of the rules, and then when you do something wrong they fine you. Ridiculous. At my old place (which I still own but moved out) we couldn't have a fan in our window. We got fined 200 dollars for that. Then, some neighbor put a headboard against our fence, and we were fined the removal charges because it was against our fence. They are sticklers. The funny thing about where I was is that there were about 5 little old ladies that headed our HOA, and they would seriously walk around the condos looking for ways to fine people. They would even kind of "stalk" you to see if you were doing anything wrong. Soooooo glad I don't live there anymore.
But a rule against reptiles seems a bit over the top. On the other hand, how would they know? No one from our HOA ever came into our home.
 

richalisoviejo

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My friend lives in a new housing project here in Aliso Viejo. Most started purchasing before the complex was completed. At that time there was no HOA and 50% of those who purchased never received the CC&R’s until a month after the close of escrow.

Those buyers have the "right of first refusal," Which makes their restrictions grand fathered in. One example. One couple purchased their home, received their CC&R’s, after they had installed a ceiling fan on their outside patio, which was against the rules, that had to be grand fathered in.
 

desertsss

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Gotcha. You would think, then, there would be a lot of other things then that would be "grandfathered in".
 

richalisoviejo

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Absolutely. Another example. Another buyer had his satellite dish installed where it was visible by other residents in the neighborhood, another rule restriction. His was grand fathered in, where as new residents must have their dish installed where it can’t be viewed from the street.
 

desertsss

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Then wouldn't there be a way to say
"I bought this home with these reptiles already in my care before I got the Information from the HOA stating that I can not have them"..?
 

richalisoviejo

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You got it. The builder, sales team, should have had some CC&R’s available to future home owners prior to the close of escrow. :)
 

desertsss

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Well hopefully that all works out. That would be really crappy to live in a home and not have the company of a tort...or some other kind of critter. :(
 

Madkins007

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According to many scientists, turtles and tortoises are not reptiles. See www.naherpetology.org for support of the idea that they split off the tree earlier than other reptiles. So, to split the hairs that lawyers get so much money to split- tortoises are legal!
 

richalisoviejo

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Madkins007 said:
According to many scientists, turtles and tortoises are not reptiles. See www.naherpetology.org for support of the idea that they split off the tree earlier than other reptiles. So, to split the hairs that lawyers get so much money to split- tortoises are legal!

It wasn’t mentioned in the thread that a tortoise or turtle was a reptile, but that’s another debate.
 

Jacqui

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desertsss said:
Well hopefully that all works out. That would be really crappy to live in a home and not have the company of a tort...or some other kind of critter. :(

To me that would not be a "home". I myself start having withdrawals if I don't get time around animals. :p Only way my husband could get me to spend time driving the semi was to let me have animals traveling with us. :rolleyes:
 

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Jacqui said:
:p Only way my husband could get me to spend time driving the semi was to let me have animals traveling with us. :rolleyes:

Oh please, please, PLEASE! tell me you don't take tortoises with you in the big truck!!!!

;)

Yvonne
 

Jacqui

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emysemys said:
Jacqui said:
:p Only way my husband could get me to spend time driving the semi was to let me have animals traveling with us. :rolleyes:

Oh please, please, PLEASE! tell me you don't take tortoises with you in the big truck!!!!

;)

Yvonne

Actually we do off and on. No tort from home, but new ones we have picked up on the way instead of having them shipped to us. For the most part, they all do really well riding with us. Makes a bit more work and planning, plus by the time we make it home we are usually very happy to get them settled in their own new homes at the house.

Our permanent truck rider is a dog who had run out of chances with folks and would other wise have been put to sleep. He has settled down with us and is actually a perfect truck dog...except I wish he were a smaller animal.
 

Terry Allan Hall

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desertsss said:
Well hopefully that all works out. That would be really crappy to live in a home and not have the company of a tort...or some other kind of critter. :(

I'm thinking that it'd be worth the effort to show them your tortoise and ask for an exemption...nobody is afraid of tortoises! :rolleyes:
 
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