HOA owners have to vote on number of pets

Q: I was on a homeowners association board, and put in a written complaint about a homeowner with two oversized dogs. He lets them run free in the desert by our complex. I was caring for my neighbor's dog, and these two big dogs tried to attack it. Why are these huge dogs living here?

The owner wrote to our manager, and said he knew the rules and regulations and covenants, conditions and restrictions when he moved in here a few years ago. He said he had left the dogs with his son, who lives out of state. But recently, his son has moved in with him. He said no one has complained except for me.

He wanted an open hearing at our monthly meeting. He knows a lot of people in here, and I knew they would not do anything to him, so I quit the board. He pled his case, and because two members on the board have two animals, they are now going to have the homeowners vote to change the rules to allow owners to have two animals.

Meanwhile, this man is not being fined, and the two big dogs are still on the property. I asked our manager, if we could know the result. She said she did not think she could tell us, even though the hearing was open, because the results were discussed by the board in its executive session. Does this sound right?

A: If the owner was called for a hearing, any results or decisions made by the board would be confidential by law, and you would not be privy to that decision unless you were involved in litigation. It is against county and city code to have animals unleashed in public areas. I would suggest that you call code enforcement and file a complaint against the homeowner.

You also could call animal control as to the unleashed dogs. As to changing rules, you first need to see if there is an actual restriction in your covenants that you can only have one pet. If that is the case, then a formal amendment would have to be made and approved by the board, which then must receive approval by the vote of the homeowners.

If it is not a restriction in your covenants, but is a rule and regulation, then the board, upon proper notice on the agenda to the homeowners, could approve the change.

Q: Your weekly column is wonderful. Thank you for putting into layman terms legislative changes to the industry, it really helps us. In last week's column you were explaining the changes to the transfer fees, but I'm still very confused. We are a manufactured-home community and the association is board-run. The homeowners own their lots and homes, so it is not a park but a subdivision.

Can you please explain to me, in more common terms, what the new transfer fee requirements are? And what the association obligations are for this fee? We have been charging $125 for resale and $125 for transfer transactions, but that has only been a recent development. Prior to this it was a flat $125 for both but it confused the Realtors, etc. so we broke it out into two separate fees. Can we even do that?

A: Based upon the new law, your association can continue to charge the fees.

Q: I want to ask if there is any kind of time limit for an HOA board to approve or disapprove an application for an inside unit flooring replacement. I submitted the request on June 11. It is now Aug. 1 and I have not heard from them. The property management company says the request was too late for the June meeting and the board is taking July off. This doesn't seem right to me.

A: Generally speaking, most covenants state the time limits that an association has in approving an architectural request. You will need to review the covenants as well as any architectural guidelines of the association. Many covenants have a 45-day timeline to approve or reject an application.

Barbara Holland, certified property manager, is president and owner of H&L Realty and Management Co. To ask her a question, email support@hlrealty.com.