We live in a community that had and amendment prior to us moving in that says you can only have 1 dog or 1 cat. We have two small dogs. They are telling us to get rid of one dog or move or be fined. They have a "verbal" clause saying anyone here prior is ok. Some people have 5 cats etc... I need help
1 Answer from Attorneys
Hi and thanks for your post. It isn't clear whether you reference a home owners association for property owners or an apartment community. Generally a community / homeowners association has a right to enforce covenants. Land in a subdivision generally gets sold subject to certain covenants / restrictions of record which can include things like the numbers and types of pets besides rules on paint colors and architectural styles. It is a good idea to review the rules before moving into a new place. In some situations a restrictive covenant may be too restrictive in the eyes of the law - if a property owner has a working animal (seeing eye, hearing ear dogs, that sort of thing) it may be possible to challenge rules that don't accommodate people living with disabilites.
Please note that this answer offers general information and is not legal advice and doesn't substitute for a meeting with an attorney.
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