Some HOA’s are clueless

[richalisoviejo]

I have a good friend who owns a condo in Laguna Niguel, well since the housing market has dropped about 40% in the last two years he decided to buy a house. He purchased a nice 3-bedroom home for less then he paid for his one bedroom condo.

Now here’s the deal, he rented his condo to a young lady, the lady has a cat. His CC&R’s state if you rent out your unit renters are not allowed pets so his HOA sends him a letter and the tenant must move out or get rid of the cat.

I wish I could see the look on the President of the HOA’s face when he receives my letter about discriminating against renters

 

[Candy]

Thank goodness he has you as a friend. Let us know what happens Rich I'll be very interested.

 

[richalisoviejo]

Thank goodness he has you as a friend. Let us know what happens Rich I'll be very interested.

Not too much can happen here It’s up to the owner of the property to rent to a tenant with pets. The HOA can’t do a thing about it.

 

[desertsss]

Are you sure rich? I know we had an HOA argument here before that you were helping to deal with. Even the renters I believe have to follow the HOA rules even though they are not the owner. It's the owners responsibility to ensure the HOA rules are followed. Then again, how do they even know if there is a cat there? Then again, I am not a lawyer..lol.

 

[Laura]

Have the renters Dr write her a note that says the cat is her companion animal and she needs it for well being...

 

[richalisoviejo]

Are you sure rich? I know we had an HOA argument here before that you were helping to deal with. Even the renters I believe have to follow the HOA rules even though they are not the owner. It's the owners responsibility to ensure the HOA rules are followed. Then again, how do they even know if there is a cat there? Then again, I am not a lawyer..lol.

Yep, an HOA cannot discrimate against renters. Renters must follow the rules of the CC&R’s just as the owners do. If the owners are allowed pets and rent out their unit the renter has to follow the same rules as the owner. If the owners allow his tenant to have a pet there is nothing the HOA can do about it.

I recall the other thread where the CC&R’s stated “No reptiles allowed” however when a homeowner has, as in the other case has a pet corn snake for his son and the HOA and property management company waits two years before acting, it’s considered grandfathered in.

 

[desertsss]

Ah, I gotcha

 

[Stazz]

I agree, the owner is the owner, he can have trapeze artists living in there if he wants to! Lol. A cat is utterly harmless....the HOA are obviously so bored with their lives that they come up with things like this to add some excitement to their day.

 

[Jacqui]

Thank goodness he has you as a friend. Let us know what happens Rich I'll be very interested.

Not too much can happen here It’s up to the owner of the property to rent to a tenant with pets. The HOA can’t do a thing about it.

That is wrong, no I mean not living by the agreement your friend made. He is the fool who bought from a location with a HOA. He should have read what he agreed to (the rules). Your friend should not have rented to the cat owner.

Don't get me wrong, I love cats and can't imagine not having them in my home, however I think folks should have to live with the things they agree to do. I think your friend is so very wrong to have placed this girl and her cat into what could be a bad situation for them.

If I were on the jury, your friend would be found in the wrong and would (and yes I know this would not be able to happen except in my heart/mind) be paying to find and move this girl into a cat allowable housing.

It's not so much in my mind the difference in what is allowed an owner compared to a renter. For me it goes to the basic fact your friend agreed to live by those rules, now they aren't fitting his wants and needs, so he is ignoring them.

 

[richalisoviejo]

Just because an HOA has a rule in their CC&R’s doesn’t make them all legally enforceable. As I stated before the CC&R’s state you can’t have two dogs and you can’t have a dog over 35lbs. The vice president of the HOA has two dogs both weighing about 50lbs each. Now she’s lived there about three years, not one letter or fine from the property management company, for that reason anyone in the complex can have two dogs, any size. After two years having two dogs and oversize is now grandfather in the CC&R’s. But all things aside, an HOA cannot discrimate against a renter, at least not here in CA.

 

[Jacqui]

I agree with the dog case that the HOA opened that one up. I guess I think folks should have a moral clause to not break contracts when it suits them. I guess I also think renters should be treated differently from owners.

 

[Laura]

I can see them making cats be inside or neutered if allowed to go out. Since one pair of cats can take over a neighborhhod fast with the litters of kittens..
But not banning pets..
www.Placerspca.org i think has a brochure on thier website about pet ownership in rentals..

 

[Crazy1]

OK I'm a renter and I think if the renter is responsible they should have the same rights as an owner. I know I have been in my house 10 years now and my landlord lives next door. I have my torts and 2 dogs. She has 4 dogs, and 10 inside cats and all the cats in a 5 block radius come to her house for breakfast an dinner and to lay on my convertable top (ugh). If you ask me I'm the more responsible owner. As her yard is not as big as mine. Though she does trap and fix the cats so in that way she is responsible.

 

[Candy]

Robyn I am so happy to hear that your landlord cares so much about the population of the cats that she traps them and fixes them. It is so irritating when people are not responsible with their animals (especially outside cats). I myself have 4 (they weren't mine, but now they are if you know what I mean) and they can come in and out, but I never put them outside until they are fixed. Sorry just venting.