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Heather C | HOA says pets have to go but lease says I can have pets? |
Okay so today I had a knock on the door and when I opened it a man from the HOA was there. He informed me that I have until January 1 to "get rid" of my dogs, but my lease specifically states that I can have pets. He told me that my lease does not matter, is this legal since it is in my lease that I can have pets?
Additional Details
Yes my lease states that I can have pets, my landlord knows I have pets, but the HOA has made a new rule stating that renters cannot have pets effective January 1 but I don't understand how they can do this on a current lease, I understand a new lease but not a current lease. |
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Landlord
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HOA rules, they trump anything on your lease, they even trump your citys laws.
The animals have to go, your lease does not give you any rights over the HOA. |
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broc1212
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This would be between the HOA and the Owner of the place your renting. I would think you could break you lease if you can't keep your pets, |
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feanor
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The HOA overrides the lease.
The lease is contingent upon the CC&R's which probably limits pets.
You can sue the landlord over the pets clause in your lease but you will have to either move or "get rid" of you pets. |
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winnie
|
Sounds like the person you're renting from didn't know the rules of the community you're living in. Although 'most' condos/townhomes allow pets, not all do, and it sounds like the one you're living in doesn't. Sad to say, that no matter what your lease says, you are in violation of the rules of the Association, which means that the pets have to go. I agree with the above answerer that said you can probably break your lease over this. Sorry and good luck! |
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puZZEld
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Presumably you are renting a townhome or a condo in a co-op. Either way, HOA rules! They can be crazy at times ....
:-P |
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nojam75
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No, it's not legal notice. Your rental agreement is between you and the landlord -- not the HOA. Since you're not a homeowner, you probably have no relationship with the Homeowners Association. Refer the HOA to your landlord the next time they contact you.
It appears your landlord is in a difficult position. The HOA will fine her/him for the HOA violation, but s/he has a lease obligation to you.
Read your rental agreement carefully. It may require you to comply with the HOA's rules. However, if the rental contract and the landlord led you to believe the pet was allows, then it seems you can sue your landlord for breaking your contract. |
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gafpromise
 |
Unfortunately, HOA rules supercede the lease. The provisions of the lease do not override the HOA rules. However, since this is a new provision, you could ask your landlord if you could get out of the lease since the terms of your tenancy are now changing. |
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Another Mom of 2
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Wow, that's really rough!
So you rent, but you also have a home owner's association? I guess that means that the person that you rent from lives in a neighborhood or condo (I'm guessing condo) with a home owners association?
I guess my first step would be to look at a current copy of the covenants. I could be wrong, but it seems to that if it is set in the covenants of the condo or neighborhood that pets are not allowed, then the person that you rent from would not have the power to allow someone with pets to rent.
I hope that I'm wrong, for you and your dogs' sakes.
Good luck to you. |
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estielmo
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Under normal conditions you would be grandfathered in for the duration of the current lease.
The HOA is between the landlord and the organization. Your agreement is between you and the landlord. If the HOA is pushing the point and the landlord will not speak up for you I think you can enforce the lease and keep the pet, and the landlord will simply have to pay the penalties.
I'd say this give you tremendous leverage to break the lease and demand a premium. I'd start with full payment of moving expenses plus return of full security deposit plus two months worth of rent. |
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bud68
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Does your lease also say that you have to comply with the HOA rules? If so, your landlord has written you a defective lease. |
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BeenAroundTheBlock
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Sorry, the HOA rules take precendence. Your landlord cannot override them simply by putting something into his lease. Eventually, the pets will have to go. It might take some time, and you may have recourse against your landlord for some sort of compensation, but you don't have any recourse against the HOA, and the pets will have to go.
If you don't go, the HOA will be fining your landlord and taking other actions. What enforcement actions can be taken are spelled out in the HOA bylaws, but they will probably be against your landlord, not you. Most likely your lease says you have to follow the HOA rules. If so, the landlord will be able to evict you if you don't follow them. If not, the landlord made a big mistake and I'm not sure what happens then. |
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Othniel
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The owner of the property has to conform to the HOA rules and regulations. When you signed the lease it was also disclosed to you that the property is located in a HOA and you should have been provided a copy of those documents.
I believe the HOA has the legal authority to enforce their rules in spite of a signed lease. You may want to speak to the owner of the property about this and ask him to contact his attorney. |
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darkangel_m24
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Take it to court...When the ruling comes in then...That's going to be it (I honestly don't think it's legal sense you agreed to your lease which stats that pets are legal. Unless he has a good reason (complaints, destruction of property due to pets...etc.. he can't throw them out) |
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KoKo KiTTy
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What does HOA mean?
If it says in your lease you can have pets, you can have pets.
However it might have a limit on how many you can have. For example my lease states I can only have 2 pets (excluding small animals such as fish and gerbils) |
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