Posted by Jose O.orromeo on November 13, 2007 at 14:11:44:
Which is the hightest law of the State. The State constitution or the deed restrictions? The States Contitution presider by elected officials while deed restriction elected by non-voters, just homeowners, non-registered voters. Deed restriction created by politicians as pay back for there contributions. Politicians cannot repay them all so, created deed restriction whuch violate State Constitution.
Time Sensitive Deed Restrictions Question - Posted by pspeebles
Posted by pspeebles on July 13, 2007 at 11:19:00:
Can a HOA dictate to Property Owners how many pets is allowed INSIDE their Home through Deed Restrictions? IF SO, How can a property owner get the deed restrictions changed?
IN A HURRY must have answers before Aug 1
Re: How legal is the deed restriction - Posted by Jose O. Borromeo
Posted by Jose O. Borromeo on November 13, 2007 at 14:04:09:
Deed Restrction violated the U. S. Constitution. Those officers was not elected by the prople. Non-profit and non-elected officials. Association by-laws trying to associate with the deed restriction. How legal when only elected officials can file bills. Violated the State Constitution Bill of Right? Only elected official in that state can presides and sogn all bills. Legal laws, no law shall be passed except by bill. How the association do that?
Re: Time Sensitive Deed Restrictions Question - Posted by BTI
Posted by BTI on July 16, 2007 at 10:51:19:
How many pets do you have?
Re: Time Sensitive Deed Restrictions Question - Posted by Frank Chin
Posted by Frank Chin on July 15, 2007 at 09:07:03:
pspeebles:
Yes, I lived in, and rented out condos. If I beleive I cannot abide by the bylaws, deed restrictions, I would not not want to live there.
Why??
Often, other people, myself included, live somewhere BECAUSE of the restrictions. So to me, if there is such a restriction, I can be assured that someone living next to me would not have 10 dogs. If anyone can come in, get a judge to say “someone can have 100 dogs if they want to”, then I would feel totally violated.
Have a condo where the residents restricts the number of rental units to 25%. They don’t want the place overrun with irreponsible tenants.
I wouldn’t feel right as an investor to go in and say “hey, I want to buy and rent out any number of units I want, and too bad for you if tenants cause problems for you”.
I also wouldn’t feel right to say to anyone “too bad if you don’t want the place overrun by dogs”.
You can petition to have bylaws change, but, good luck with it.
Frank Chin
Re: Time Sensitive Deed Restrictions Question - Posted by Rich-CA
Posted by Rich-CA on July 14, 2007 at 12:52:21:
Depends on the state. At a fairly recent HOA meeting (Townhouse project) our President (an attorney) pointed out that the CA State Supreme Court recently upheld just such a restriction through the CC&Rs that govern the property.
Further, there are health and safety regulations about having a large number of pets that would tend to support an HOA position.
Also depending on the state, you can be fined for non-compliance, you can have a lien put on your property for the fines and attorney fees, and you can be foreclosed to pay off the lien.
So, just how important is this to you. Most owners find the smell of too many animals offensive and its worse in a higher density community. Smell and allergens are not restricted by the walls of your unit and you could also be open to personal liability in that case as well.
Deed restriction; - Posted by dealmaker
Posted by dealmaker on July 13, 2007 at 14:04:44:
Not sure why the “deed restrictions” (not the HOA, they’re just enforcing the rules) could not restrict hom many, and what kind of pets can be on property. Of course you had to be informed of, and sign off on, the deed restrictions prior to closing.
I’m not sure about where you are but just about every place I’ve lived with DRs required a TWO THIRDS vote in order to change them.
dealmaker
Re: Time Sensitive Deed Restrictions Question - Posted by PSP
Posted by PSP on July 27, 2007 at 01:25:50:
3 Indoor Dogs that dont ever stay outside all day or all night and only bark if a stray cat or stranger happens to wander into our yard.
Recently I have been informed that the House Assoc. Board has decided that anyone with more than one pet will be allowed to keep the extra pets as long as there are no problems with the extra pets and will be concidered as GRANDFATHERED IN seeing as how a office personel and our homes’ seller both told us that we were allowed 2 or 3 pets when we were in process of signing to buy this place .
Thank You for your response, hopefully this is resolved lol.
PSP