I just helped a friend move into her new home, nice area, but in a subdivision. According to the HOA, there is a limit of one dog per home and breeds that are not allowed are too numerous to list. Basically, they only want small dogs in the area. She really wants to fight this ruling and make a dent in the community, but does not know where to begin. I fought my sub on pet limits and won, but that was a completely different situation. Where can she get information to help her fight this dumb ruling?
Who is worse, the people that made the ruling, or the person who knowingly moves into a place that has rules stating that the breed she wants cannot be kept. I don't feel it is reasonable to tell me that when I buy property, that you get to tell me what to do. So, since I am fairly reasonable, I would not buy from those people.
Have her get a note from a psychiatrist that she needs the dog for her mental well being. No one can discriminate against a helper dog no matter how full of crap the reason for the dogs existance is.
She really wants to fight this ruling and make a dent in the community, but does not know where to begin.
Well, you will probably have to get legal help with this, depending on how strongly the HOA is willing to enforce their rules.
In my state, an HOA has far reaching legal authority... especially in areas where there are no local restrictions on anything. And frankly that was the only reason we were willing to move into a non-restricted county area. Our HOA allows horses on certain sized properties, but limits the number of dogs per household for health and noise reasons.
You might want to find out why they have a rule concerning the size (breed?) of dog.
FYI: an HOA is bound by a set of documents (deed restrictions) that are recorded at the local municipality; documents that outline exactly the "rules" one is expected to abide by when buying that property.
You should start by getting a copy of those documents and find out if the HOA is on solid ground with their restrictions. If they do limit size/breed/number in their recorded deed restictions, then they have a legal right to their position. The buyer signs a document at the purchase of a property in which he agrees to certain restrictions (deed restrictions) and is legally bound to adhere to them, or the HOA has a legal right to sanction that person.
Most folks have no idea how important the strict enforcement of deed restrictions are in relation to the value of their property. Just look at neighborhoods where deed restrictions were non-existant or laxly enforced.
IMHO, if one doesn't want the restrictions on their choice of pets, then they shouldn't choose to live where there are such restrictions. http://www.aboutmyhoa.com/whoneedshoa.htm
Jeff, I usually agree with you on subjects here, but let's think about this:
An initial visit with a psychiatrist will average around $300. Plus the woman would need a psychiatric diagnosis for the purpose of needing a "helper dog" - and getting a psych diagnosis follows you for many years. It could likely result in her paying significantly higher costs for getting insurance in the future.
And a lot of psychiatrists would not cooperate with providing a note for a "helper dog" just due to the lack of solid evidence that they're actually an effective treatment.
I agree that moving to an area that has restrictions on pet ownership was a bad move on her part. When looking to move, that is my #1 question. I guess she did not look too closely at the rules until I mentioned it to her. We will be taking a trip to the township office this next week and see what comes about.
Will I think you are correct, but here in lovely Colorado I know several people that have done this. One of these people has a potbelly pig. They are using the excuse that their lives would be to overwhelming without their pets. Maybe the term helper dog was the wrong thing to say. I am not sure what else to use. All I know for sure is that if you get the note, they cannot discriminate against your dog, or pig. <img src="/ubbthreads/images/graemlins/tongue.gif" alt="" />
Look into getting the dog certified through TDI. Many organizations have exceptions for therapy dogs and other working types.
No phony psychometrics, and she'll not only have a better relationship with her dog, but will also have a new hobby and something cool to do with the animal on weekends.
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