Adamczyk Esq., is a shareholder of the law firm Goede, Adamczyk, DeBoest & Cross, PLLC. Nevertheless, the board may reconsider taking a controversial action with an imminent election that is either intentionally or unintentionally overdue. Unfortunately, this would inevitably push you into February because it is too late to start the procedure for a January election under Florida law.
There are a number of arbitration decisions requiring a condominium to immediately schedule an election when they are past due based on the bylaws.īecause condominium elections must be noticed at least 60 days before the election, I would demand the board immediately notice the election for as soon as possible. Is this legal?Ī: If the governing documents require the annual meeting to occur in January, they must occur in January. The current board is ignoring that requirement so that they can push through a controversial vote in February and the outcome may change if the vote actually occurs in January. Q: Our condominium documents say that the annual meeting and election must take place in January. If you adopt the large dog prior to the rule being effective, you would most likely be able to keep the dog based on an equity argument. If the rule is valid, and the rule is enforceable prior to your adoption of the large dog, you would be prohibited from keeping the large dog. With respect to grandfathering, if the rule is invalid, it would not apply.
There are many other factors that are relevant when interpreting pet restrictions, and therefore I would ultimately recommend you have the covenants reviewed by a licensed Florida attorney. The pet must not cause any damage to the property. This applies whether the pet is inside or outside of the dwelling. 7,500 maximum annual benefit and a low 250 deductible. Tenant must take all reasonable action to prevent the pet from violating the rights of other persons. Whats covered Reimburse a straightforward 70 or 50 of your vet bill. If this is the case, the rule would be invalid because the board is amending the rules in a way that is more restrictive than an implied right in a controlling document (the Declaration). Tenants agree to abide by the following rules: 2. For example, if the governing documents specifically provide that owners can have two dogs, the express right is that owners can have 2 dogs, but the implied right is that you can have two dogs of any size. Accordingly, entities that have a “no pets” policy generally must modify the policy to allow service animals into their facilities.Finally, the rule can’t be more restrictive than an express or implied right in the Declaration. The service animal rules fall under this general principle. “The ADA requires State and local government agencies, businesses, and non-profit organizations (covered entities) that provide goods or services to the public to make “reasonable modifications” in their policies, practices, or procedures when necessary to accommodate people with disabilities. More information can be found in the Americans with Disabilities Act (ADA). You may be wondering, Can HOA enforce pet limit In general, associations can limit the number of pets homeowners can keep. Another common restriction has to do with the number of pets. Service animals are the only exception to superseed HOA Pet Restrictions. For example, as part of your HOA dog rules, homeowners can keep dogs as pets, but no dog must go over 50 pounds.
Some will make exceptions for emotional support animals. Homeowner association rules generally allow for small domesticated animals such as fish, gerbils, rabbits, cats, pot belly pigs, and dogs. These are the top categories that you can search on our site (just like the MLS) that you will NOT FIND in the majority of generic search engines:Īirlines are finally cracking down on the types of pets allowed (think emotional support peacock) but homeowners associations have been restrictive for much longer. Let us me your local experts and get the match you with the right condo that meets all of your needs! This leads to confusion and hours of wasted time at looking at condos that do not work for your pet situation. The MLS feeds data to Zillow and 100s of other consumer website, however most avoid any sort of “pet restriction” feeds due to widespread inaccuracy. And many make assumptions or do not bother to due their true due diligence.
And some associations do not require their agents to disclose pet restrictions at all. Often there are conflicting search fields that are named and interpreted differently. The Florida Multiple Listing Service (MLS) breaks down pet restrictions in multiple different ways that vary throughout local Realtor associations statewide. We can assist you with connecting to the right person to confirm any restrictions, and obtain a copy of the homeowners association rules and regulations and By Laws for you. HOA restrictions on pets vary widely and it is always recommended that you talk to the HOA directly or entrust in an experienced Real Estate Agent. If you are interested in any type of home with a homeowners association, there is a good chance there are some sort of homeowners pet restrictions.
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