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Yes, if the CC&Rs specifically address the issue.

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Rental restrictions may also be contained in amendments to the CC&Rs, all of which are filed in the local hall of records for land use.

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9y ago
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15y ago

Yes, generally.

You can refer to your governing documents, including By-laws and any special Resolutions where the board has established pet ownership guidelines.


In some situations, it's reasonable that a board restrict the size of pets and establish guidelines for pet behaviour while pets are in common areas.

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14y ago

Yes.

Read your governing documents to more fully understand your responsibilities as an owner when you choose to lease your unit.


As well, the association may limit the number of leases as a total percentage of occupancy, to protect owners' options for mortgages and loans -- some banks and federal lending agencies will not loan money to purchase condominiums in communities where the non-owner-occupied units' percentage exceeds a certain number.


The association may also restrict pets, parking and use of the common-area facilities by non-owners.

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11y ago

You can enforce limits to the percentage of renters in a community by adopting a rental cap.

Without a rental cap, every owner is in jeopardy, financially, when more than 30% of the units are rented, and here's why.

When too many units are rented, owners may not be able to sell their units or refinance them, because the percentage of tenants is too high. This is based on the US Freddie Mack and Fannie May organizations, to which bankers sell mortgages. Those organizations will not purchase a mortgage when the rental percentage is too high.

A best practices number is 30%; loans can be obtained when 70% of the units are owner-occupied. The absolute maximum number is 49% of tenants, above which owners can only sell for cash.

In addition, some master insurance carriers deny coverage to associations with too high a rental percentage, statistically deciding that the community is not significantly invested in itself.

The board can work with the association attorney to craft a rental cap -- with hard-ship exclusions -- and then adopt it as an amendment to the community's governing documents.

With a rental cap in place, the association may be able to step into the revenue stream enjoyed by the errant owner, and capture 100% or more of the rental income as a fine for violating the rental cap. This provision must be included in the cap, in order for it to be enforced.
Read your governing documents to determine how they are enforced.

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12y ago

Whether it's a condominium unit or a home that is embedded among assets owned in common with other owners, unless the governing documents of the association specifically dictate a screening process that every potential buyer experiences, a potential buyer cannot be singled out and prevented from such a purchase.

If, however, the association is a cooperative, which is a different style of real estate ownership, screening potential buyers is expected. If a potential buyer cannot survive the screening, then the purchase can be denied.

Best practices dictate that you obtain a copy of the governing documents to determine whether screening is part of the purchase process for all potential buyers.

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7y ago

The simple answer is yes. You need to review all the rules and regulations associated with your condominium.

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Q: Can a condo association restrict pet ownership?
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We have tuff pet guidelines at our condo assn and one disabled person wants them abolished while another disabled person wants them to stay who prevails?

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Can one have a therapy dog in condo association that does not allow pets?

A therapy dog is one trained, registered, and insured to visit facilities like hospitals and nursing homes to help cheer up the residents. A condo association cannot be forced to make an exception for a therapy dog in "no pets" housing. If, however, the owner is disabled and owns a pet as part of their treatment plan (usually called an emotional support animal), federal housing law (the FHAA) may require the landlord to make an exception in policies to permit the person to keep the pet in spite of a "no pets" policy. The distinction between a therapy dog and an emotional support dog is a very important one. The Fair Housing Amendments Act, which requires a modification of pet policies in certain cases applies to people with disabilities and not to all pet owners (even if the pet is also a trained therapy pet). In other words, the rights belong to the human half of the partnership, not to the pet. If the human does not qualify under the FHAA, then generally the landlord cannot be required to modify their "no pets" policy. Consult a qualified attorney to learn whether this law applies in your own situation and whether your state, county or city has any additional laws pertaining to pet ownership that may apply. You can also petition your association's board, in writing, to grant you the exception you seek. Be prepared with the documentation that supports your assertion that the animal is a therapy animal, and confirm that you understand your responsibilities to clean up after the animal, keep the dog on a leash, and so forth, so that the animal poses zero threat to your neighbors.