Tag Archives: restrictions

Because I Said So, That’s Why!

For those of you who have served, or currently serve on a board of directors or an architectural review committee, have you ever felt like the evil parent telling your child “no”? No matter how you put it, the child continues to argue that he/she should be able to carry out the “forbidden” activity, until everything comes to a head and the child is sent off to his/her room.

Unfortunately, when it comes to the architectural review process for associations, resolution of a dispute is not as easy as putting your foot down and sending an owner to his/her room. To the contrary, the architectural process is closely scrutinized by courts and owners in the communities.  Therefore, before denying (or approving) a request, it is imperative that the architectural review committee dot its i’s and cross its t’s.

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How to decipher HOA pet rules

Mike HunterQ: 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?

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CA: Covenant formed to protect Ranch still in place

In the early 1920s, Rancho Santa Fe was promoted as a place with all the urban conveniences, plus rural freedom, rich in romantic heritage of Spain, with room to grow families and orchards of fruit, with protective restrictions on architecture and landscaping as in the most exclusive metropolitan neighborhoods

Authors: Community Associations…

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