Q: I own a home that is governed by the N.C. Condominium Act. In the recorded Declaration of Condominium, there is a specific section regarding animals. It prohibits commercial breeding and exotic animals, but specifically allows common household pets “including but not limited to dogs, cats, canaries, parakeets, etc.” After I bought my home, the HOA supplemented its rules and regulations to change the language in the recorded covenants to allow only two cats or two dogs and no more than four pets total. I am now renting the home and I have been told that my tenant, who has three dogs, is in violation. The dogs are small, each under 8 pounds, and they have not caused a safety issue for other residents. I always thought that rights afforded in recorded covenants could not be restricted by changes in the rules and regulations. Is this not correct?
You’ve, no doubt, heard the terms “policies, procedures, rules, regulations” and “resolutions” used many times in the industry. But have you ever wondered what all these different terms mean and whether there is a difference as to which term you use? Despite popular belief, there are subtle differences in these terms, which are outlined in the below checklist. As you will see from the checklist, there are also several similarities between and overlap of the terms.
This is the second of two columns addressing common mistakes of HOA boards. Last week’s covered the failure to consistently enforce rules and seek professional advice on big decisions.