HOA Dog Weight Issue

[Eric Sherman]

What is the name of your state? California

My HOA has a rule that dogs can't be over 10 lbs. My dog weighs 15 lbs. and I was told by the realtor that it was such a minor difference that it didn't matter. I've lived here a year and, indeed, no one cared. Last month a new owner moved in with a 50 lb. dog. When the board told her the dog had to go, she pointed out that I had a dog that was over the limit. Now (to keep her from sueing them) the board has sent me a letter stating that I need to get rid of my dog or pay $100 per week in fines. What recourse do I have?

 

[john123456]

My HOA has a rule that dogs can't be over 10 lbs.
OK

My dog weighs 15 lbs.
Oops.

I was told by the realtor that it was such a minor difference that it didn't matter.
Irrelevant.

I've lived here a year and, indeed, no one cared.
Again, irrelevant.

Last month a new owner moved in with a 50 lb. dog.
OK

When the board told her the dog had to go, she pointed out that I had a dog that was over the limit.
OK

Now (to keep her from sueing them) the board has sent me a letter stating that I need to get rid of my dog or pay $100 per week in fines
OK

What recourse do I have?
What do your CC&R’s state with respect to pets?

 

[JETX]

What recourse do I have?

Your 'recourse' is very simple:
1) Pay the fine, or
2) Get rid of your 'too large' dog, or
3) Move, or
4) Try to get the board to change their rules to allow a 15# dog.

 

[You Are Guilty]

Your 'recourse' is very simple:
1) Pay the fine, or
2) Get rid of your 'too large' dog, or
3) Move, or
4) Try to get the board to change their rules to allow a 15# dog.

Your forgot:

5) Put "Rex" on a diet, or
6) Ex-lax, saran wrap and steam room. Nuff said. Or,
7) If that doesn't work, consider surgically removing a few of the lesser-needed organs so he can "make weight".

 

[HomeGuru]

What is the name of your state? California

My HOA has a rule that dogs can't be over 10 lbs. My dog weighs 15 lbs. and I was told by the realtor that it was such a minor difference that it didn't matter. I've lived here a year and, indeed, no one cared. Last month a new owner moved in with a 50 lb. dog. When the board told her the dog had to go, she pointed out that I had a dog that was over the limit. Now (to keep her from sueing them) the board has sent me a letter stating that I need to get rid of my dog or pay $100 per week in fines. What recourse do I have?

**A: show the letter to your Realtor's principal broker and post back with is/her comment.

 

[Shel77]

YOu could as another poster said ask to board to notice a meeting for voting to change the rule to weight 15 pds. or under. I think you could offer to contribute to the HOA funds the amount it will take to file the new bylaw in the CC&R which depending on your city might be about 75 to 100 dollars but thats bettter than getting rid of the dog, moving, or paying 100 a week. Should the breed of dog you have only weigh 10 pds. or is his ideal weight 15?

My fathers HOA had the same rule 10 pds. his mini tea cup poodle was barking alot (because she kept trespassing on his property so the dog barked) anyway, so his neighbor claimed the dog was over 10 pds. Sure enough he weighed 14 but because he was just chubby and was on a deit they let him stay & gave my dad 6 monthes to get him back down to 10 pds.

Obviously your HOA really doesn't care about the extra 5 pds. but the lady with the "horse" wants to be a B***H so maybe if she decides to move instead of geting rid of the dog they will let you be again however if she stays you'll have to do something.

 

[divgradcurl]

Obviously your HOA really doesn't care about the extra 5 pds. but the lady with the "horse" wants to be a B***H so maybe if she decides to move instead of geting rid of the dog they will let you be again however if she stays you'll have to do something.

Why is she a bitch for wanting to keep her dog? If the HOA didn't care about the extra 5 pounds, the CC&R's would say 15 pounds, or 10 +/- 5 pounds. I don't see that the other person did anything wrong here; why the hostility? Should one person be able to break the rules as long as nobody else points it out? Why if someone is in violation of the rules is someone else a bitch for pointing it out?

 

[Shel77]

I think that getting involved in the OP's business just because the weight limit is 10 and she wants a 50 Pound dog is wrong. If someone genuinely had an issue with the dog that was 5 pounds over the limit someone other than this woman would have said something to the OP by now (like the board) if she has lived there for quite some time. This woman who is blatantly trying to cause issue by completely ignoring the rules and then being what is essentially a tattle tale. If OP had a 50 or even a 30 + pound dog then I can see it but this was IMHO very petty. I do agree that the rules are the rules and that breaking them is wrong but this woman should not have thrown her (the OP) under the buss along with her. But that’s just my opinion I don't see the point in it, it's not like the board was going to say "oh yes your right this woman does have a 15 pound dog, in that case I suppose we will allow your 50 pound dog as well." So in the end it did not keep her from having to find another home for herself or the dog. It just caused someone else problems that were unnecessary.

 

[divgradcurl]

If someone genuinely had an issue with the dog that was 5 pounds over the limit someone other than this woman would have said something to the OP by now (like the board) if she has lived there for quite some time.

That may very well be the case. But maybe not. Clearly the board DOES care, since as soon as they found out the OP had an overwieght dog, they took action. If they didn't care, they wouldn't have taken action. More likely the board never took action because the board simply didn't know -- can you tell by eye if a dog weights 10 pounds or 15 pounds? If asked, would the OP have told someone on the board her dog weighed 15 pounds, or would she say "about ten pounds?"

This woman who is blatantly trying to cause issue by completely ignoring the rules and then being what is essentially a tattle tale.

Why isn't the OP "completely ignoring the rules?" Her dog is a third too heavy -- and she knew it BEFORE she moved in. Is there some sort of "magic" amount in violation of the rules where it's really not a violation, some sort of fudge factor?

I'm not trying to be a jerk here -- it's just that we have the OP's side of the story, and frankly, it's equivalent to getting stoppped for doing 60 in a 55 zone, and complaining that someone else was doing 75. Yeah, the other person is more in violation, but you are in violation too, so it's not like you've got moral high ground to stand on. And the fact that the OP got away with it for a year doesn't have ANY impact on whether or not she was in violation of the rules.

Besides, maybe this new woman was told that her 50 pound dog was okay by HER realtor. Maybe the new person assumed that the OP had received a variance for her overweight dog, and tried to get one herself, and that's how the board found out. Maybe the new person heard about the OP's overwieght dog, and figured that particular CC&R provision wasn't being enforced. Maybe the new person IS a jerk. We jst don't know. We only have one side of the story here, but frankly, the reason is irrelevant as earlier posters have noted.

I don't see the point in it, it's not like the board was going to say "oh yes your right this woman does have a 15 pound dog, in that case I suppose we will allow your 50 pound dog as well.

Why not? The new person probably thought if they let one overwieght dog in, then the rules are not that rigid, maybe they'll let her dog in as well. You are too fixated on the numbers -- it could have been an 11 pound dog and a 150 pound dog here, it doesn't make any difference because BOTH are in violation. But what if the new person's dog had been 20 pounds? Would you still be so upset that the new person said something? What is the magic weight?

So in the end it did not keep her from having to find another home for herself or the dog. It just caused someone else problems that were unnecessary.

So, like I said, it's okay to break the rules as long as you don't get caught?

 

[giralready]

Unfortunately as I have found out living in a condo community, pettiness seems to rule sometimes. If you have abided by every rule, picked up after your dog etc...try going to the board and ask them to revise the weight restriction on dogs. They can either say okay or tell you no way. You may be able to request a "grandfather" clauses that can be done if they will work with you. You and the board are both at fault for not abiding by the rules and if it really bothered the board they would have told you from day one. And any dog could lose and gain weight, so to be a stickler on 5lbs seems kind of dumb.

If the dog can lose the 5lbs (with no health problem) I would just to put the dog on the diet and then there is no problem till the next time. So then the lady can't sue because you have resolved the situation. And what proof does everyone have that your dog weighs 15lbs? Is it written down? And is your board going to weigh your dog weekly, monthly etc...Geez, my cats weigh 13-16 pounds!

And the realtor, if she was like mine, she lied to make the sale. I wish you the best of luck!

 

[ENASNI]

one word

...Atkins...

 

[Shel77]

I think the weight (number) has alot to do with it and no I don't know what the magic number is. You also mentioned the complainers dog was a third to heavy try 5X's the allowed weight. As another poster mentioned a animals weight can vary thats most likely the reason noone had said anthing about the dog it may weigh 15 this month 12 the next I think the bigest thing this OP can do is go on the AKC web site and find out what the breed standard weight for her dog is. Usually it will give a weight for male and female dogs, if the breed standard is within the weight limit you may be able to use that. Example if the standard weight for a male mini dochshund is 10 pds. and right now yours is over by 5 then go to your vet have the dog checked out get a letter from the vet stating how much weight the dog could loose while staying healty and submit that to the board.