HOAs and pets - hypothetical question

[chubbyfatazn]

I live in an apartment complex with an HOA. The quick list of prohibitions posted in the middle of the complex explicitly states that there's a no pet policy, and the fine for that is $200. The HOA doesn't appear to be actively enforcing anything from that checklist, based on the number of violations people here are committing.

I have a cat. Before some of you go "well that's your fault if you get caught!" yes, I adopted her in full acknowledgment of the potential consequences. My question is, if I do get caught with her, can I refuse to pay unless they actively enforce the policy for everyone in the complex (I will end up paying it regardless)? I can think of at least three other neighbors who have pets (one of whom is an outdoor cat) and another two who have grills ($500 fine).

Never been under an HOA before. My roommate, whose parents own the complex, didn't get a copy of the HOA bylaws. Only what's posted in the middle of the complex. ATOT armchair lawyers, give me your advice.

 

[zerocool84]

Lol you go ahead and try that and see how it works out.

 

[chubbyfatazn]

Lol you go ahead and try that and see how it works out.

Like I said... I went into this fully accepting the fact that I could be out $200. Fine with me, I just added $200 to the emergency fund I keep.

Just wondering how it could work out with everyone else in violation.

 

[lothar]

Wow...Apartment complexes have HOA's?
I learn something new on ATOT everyday.

 

[RockinZ28]

How long have the rules been in existence?

My old apartment complex had a no pet policy, but people that resided there with pets before the current management started and made the rule, were grandfathered in.

 

[Corporate Thug]

HOA must enforce provision uniformly.

 

[woodie1]

HOA must enforce provision uniformly.

THIS.

An HOA cannot selectively enforce its rules/regulations.

 

[Sluggo]

well that's your fault if you get caught!

 

[Leros]

Like I said... I went into this fully accepting the fact that I could be out $200. Fine with me, I just added $200 to the emergency fund I keep.

Just wondering how it could work out with everyone else in violation.

You do realize that fines aren't a one time fee and then you can keep breaking the rule. You can get fined repeatedly (and possibly evicted) unless you get rid of the pet.

 

[KeithP]

Find a shrink to say the cat is a companion animal that you use to help depression. Then they can't do squat.

-KeithP

 

[OCGuy]

Uh...HOAs are generally for townhouses/condos, when you have some sort of ownership in the property. Their recourse for owners if they refuse to pay fines is to put a lein on the property.

 

[Lithium381]

Find a shrink to say the cat is a companion animal that you use to help depression. Then they can't do squat.

-KeithP

this.

game over. . . . . .i think it's part of the ADA or some other set of laws, but the pet is basically your medication, or if you were blind it'd be your seeing eye dog. . . . just find a doctor under your insurance, and for a $20 co-pay, the HOA can pound sand. Granted you won't be making any friends like this and you'll forever be on their radar. also, for noise ordinance, or property distruction from your pet will be VERY STRICTLY enforced

 

[bononos]

Could the pet owners at the condo been allowed to do so previously and got grandfathered under new HOA rules? I think it was the case in my previous condo. Edit- I may have remembered wrongly and the grandfather clause may have been for something else. I think the rules at my place were no dogs but cats allowed.

 

[chubbyfatazn]

Well, I forgot I made this thread until I got slapped with a fine tonight. Fine, wrote out the check and am going in tomorrow morning to pay it.

I came back to ask if anyone had any experience with what KeithP and lithium381 said. I actually have been seeing a shrink for the past 8 or so months, and volunteering at a shelter/adopting a kitty was one of her suggestions short of the meds she was plying me with. I plan on getting a letter from her to avoid future fines, or at least to work something out. Federal regulations state that the animal should "be individually trained, and work for the benefit of a disabled individual" with "no specific requirement as to the amount or type of training a service animal must go," so if all goes well I should be good to go, right?

The ADA doesn't cover this by the way, it's the Fair Housing Act that does. The ADA stopped recognizing anything other than a dog as a service animal because retards with no disability were buying pets online that came marked as a service animal.

/yeah yeah I got caught this is my fault blah blah blah i'm a retard

 

[JEDIYoda]

Find a shrink to say the cat is a companion animal that you use to help depression. Then they can't do squat.

-KeithP

not true at all....

 

[lykaon78]

On an HOA board... the first defense of violators is "everyone else is doing it" and our response is "tell us in writing who and we'll address those issues". Our failure to do so could open us up to litigation so we tend to uniformly address issues as much as possible.

 

[jupiter57]

You're under 21 and live in America.
YOU ARE ENTITLED!

Take 'em to court!

 

[alent1234]

in NY state you can refuse to pay and you will be OK as long as you can prove others are violating as well. the law here is that HOA boards have to enforce the rules on everyone fairly or not at all

 

[lxskllr]

Ratting out your neighbors to save yourself won't work, and it makes you a dick. You should be working with the neighbors to subvert the HOA, and protect everyone living there.

 

[alkemyst]

For one, you are an extremely disappointing pet owner unless you are willing to move should you be kicked out.

Your best bet is to go see a shrink and get your cat made into a comfort animal.

 

[chubbyfatazn]

I'm not ratting anyone out... I just said I had the check written out and am paying it today. Despite what the OP says.

I was only looking to see if anyone could clarify what KeithP and lithium381 said.