It is common for condo associations to limit the size and breed of dogs that can be kept in the complex. In the last 6 months I have helped 2 clients who had large dogs get permission to move into a complex that had restrictions on pet size. Here is what we did.
1. Before we went under contract, I phoned and verified the pet restriction with the complex management company. Part of getting to know my clients housing needs is to find out about pets generally. If we are looking at condo or townhome communities, I know to find out about pet restrictions.
2. We write the contract in such a way that the contract is contingent upon my client getting permission from the HOA Board for the pet to live in the unit. The Board has to approve the pet or the sale doesn't close. We get the seller to agree to cooperate in that effort because there are some HOA Boards that will only talk with the owner of record. If we are dealing with one of those Boards, the buyer can't approach the Board, only the Seller can do it.
3. We approach the board asking for a waiver specifically for this animal and no other. We get the Buyer to stress in writing that once this animal is no longer living, that any new animal will conform to the limits set by the By-laws. We create a package for the board members, hopefully with letters of reference from the current and former neighbors of the dog. We offer to let the board members meet the dog.
I have done this three times total (twice in the last 6 months and once before several years ago). It worked all three times. It is certainly worth trying! The alternative is just unimaginable. I know of a situation where a person moved into a condo complex with a large dog and then spent the next two years being sued by the complex. Before you invest very much energy feeling sorry for her, you need to know that she was told before she bought the place that the dog's size was going to be a problem at that complex. I don't want to think about how much it cost the complex in legal fees. It was all un-necessary. Just a little bit of work before the offer to purchase was made could have resulted in such a completely different outcome.
Here is a a sample letter that a person might send to the HOA Board
__________________________________________________
To: Condo HOA Board President
Re: Waiver for Spot The Dog
Dear President,
We are looking forward to being members of your Home Owners Association. And, thank you for your willingness to work with us to make it possible for Spot to live with us in our new home! As future homeowners in the complex, we understand that allowing violations of the By-laws could result in those provisions possibly becoming unenforceable in the future. We all agree that the better approach is to provide for a case-by-case, dog-specific Waiver for dogs who are larger than allowed under the terms of the by-laws.
We agree to the following:
1. Spot will be kept on a leash at all times when he is in the common areas.
2. Spot will be a good neighbor. That means that we will be responsible dog owners and will certainly clean up after him, should he relieve himself in a common area.
3. We intend to leave Spot in our private yard during times when we are not at home. Should it develop that he barks when we are gone and that barking is a disturbance to other and we are given official notice by the HOA of that fact, we agree to make other arrangements for him. If we continue to leave him in the yard after we have received official notice, then the fine structure will apply.
4. We agree to keep Spot 's vaccinations current. We will happily provide information as to the name of his veterinarian and his vaccinations schedule upon request.
Best Wishes,
(signed, Spot's Owner)
_______________________________________
If you are looking for a condo in Dallas and you have a larger dog, call me. Lets find a way to get you and the 4-legged member of your family relocated to the right home!
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