When people buy homes in an HOA, they need to understand that there are specific rules they have to follow. These rules could go far beyond things that they would expect anywhere else.
For instance, some homeowners’ associations will have a no-pet policy or a no-dog policy. Their reasoning is simply that they want to create a safe and pleasant space for everyone in the HOA, and they view dogs as a potential injury threat. They may also be worried about people not picking up after their dogs when walking them in public. It’s easier for the HOA to just ban dogs entirely.
From a safety perspective, HOAs will sometimes set regulations. Small dogs may be allowed, but dogs over a certain size will not. Or the HOA may prohibit certain breeds, such as Pit Bulls, Rottweilers and German Shepherds. The reasoning here is that some breeds are involved in far more fatal attacks than others, so the HOA may allow dogs in general, but ban those that they deem dangerous.
Consistent enforcement
When these types of rules are on the books, the key for the HOA is to provide consistent enforcement of the rules for everyone in the community. This way, it’s clear that there is no element of discrimination.
But if one homeowner is allowed to have a certain breed of dog while someone else is told that they are prohibited from having the same type of dog—or if size violations are often left unprosecuted—then it can open the door to disputes. The inconsistent enforcement makes it look discriminatory or like the HOA is targeting specific homeowners.
When these disputes do arise, it is important for all involved to understand exactly what legal options they have and what steps to take moving forward.