Tag: Pets

Amendments Can Be Invalidated if Co-Owner Spouses Don’t Both Approve

A court case that sprang from a dispute over an owner’s chickens could upend the amendment process — as well as potentially invalidate existing amendments — in North Carolina and possibly elsewhere. (Bryan v. Kittinger) “The court’s reasoning was kind of out of left field and caught everyone by surprise,” says David Wilson, an attorney…

New Ruling May Mean Less Leeway To Amend Governing Documents

A recent ruling by the Arizona Supreme Court seems to significantly curtail the ability of associations in the state to amend their governing documents. And the impact of the ruling could be felt beyond Arizona’s borders. The case involved a small HOA outside Tucson, with only five lots. The lots range from 3.3 to 6.6…

Arizona Supreme Court Throws Up Huge Hurdle to Declaration Amendments

A recent ruling by the Arizona Supreme Court seems to significantly curtail the ability of associations in the state to amend their governing documents (Kalway v. Calabria Ranch HOA, LLC). And the impact of the ruling could be felt beyond Arizona’s borders. “This decision really calls into question the ability of HOAs in Arizona to…

Repeat Offender Dog Can Be Asked To Leave, Court Concludes

A California HOA’s governing documents supported its board’s decision to order the removal of a dog with a history of injuring both humans and other dogs. “I love this case because it supports an association’s right to enforce its covenants by requiring removal of a dog,” says Sandra Gottlieb, a founding partner of California homeowner…

Court Upholds Board’s Nuisance-Based Removal of Dangerous Dog

A California HOA’s governing documents supported its board’s decision to order the removal of a dog with a history of injuring both humans and other dogs (Sunset Green Homeowners Ass’n v. Spagenski). “I love this case because it supports an association’s right to enforce its covenants by requiring removal of a dog,” says Sandra Gottlieb,…

Nuisance Provisions Can Help Curb Behaviors That Go Beyond Mere Annoyance

It’s one thing when a tenant occasionally doesn’t clean up after his dog. It’s another, says Scott Weiss, of counsel for the Nashville, Tenn., law firm Ortale Kelley, “when you have repetitive violations of the governing documents, drug dealing, loud parties, or damage to common elements or other owners’ property.” The natural step when a…

The Last Straw: How the Nuisance Provision Can Help Your Clients Deal with Residents’ Extreme Behaviors

It’s one thing when a tenant occasionally doesn’t clean up after his dog. It’s another, says Scott Weiss, of counsel for the Nashville, Tenn., law firm Ortale Kelley, “when you have repetitive violations of the governing documents, drug dealing, loud parties, or damage to common elements or other owners’ property.” Extreme circumstances call for extreme…

Lawsuit Ponders Whether Pig Is a Pet

An Ohio HOA recently learned the hard way that discrimination lawsuits arising out of pet restrictions aren’t limited to disability-related claims. That’s one lesson from the association’s attempts to remove a pig from its premises; the other is that poorly worded restrictions can backfire. “I’ve seen disputes with atypical pets, but it’s usually when there’s…

Owner’s Pot-Bellied Pig Leads To Unusual Discrimination Lawsuit

An Ohio HOA recently learned the hard way that discrimination lawsuits arising out of pet restrictions aren’t limited to disability-related claims. That’s one lesson from the association’s attempts to remove a pig from its premises; the other is that poorly worded restrictions can backfire.A Pig in a Poke“I’ve seen disputes with atypical pets, but it’s…

HUD Charges Association, Manager with Disability Discrimination Over Dog Policy

How many assistance animals must an association with pet restrictions allow as a reasonable accommodation? If the answer seems obvious to you or a client, you might be surprised by a recent charge against an association and its manager by the U.S. Department of Housing and Urban Development (HUD). The charge is startling evidence of…