Can a condo association restrict pet ownership?

Answer 1

Yes, if the CC&Rs specifically address the issue.

Another Answer

Rental restrictions may also be contained in amendments to the CC&Rs, all of which are filed in the local hall of records for land use.

Answer 2

Yes, generally.

You can refer to your governing documents, including By-laws and any special Resolutions where the board has established pet ownership guidelines.


In some situations, it's reasonable that a board restrict the size of pets and establish guidelines for pet behaviour while pets are in common areas.

Answer 3

Yes.

Read your governing documents to more fully understand your responsibilities as an owner when you choose to lease your unit.


As well, the association may limit the number of leases as a total percentage of occupancy, to protect owners' options for mortgages and loans -- some banks and federal lending agencies will not loan money to purchase condominiums in communities where the non-owner-occupied units' percentage exceeds a certain number.


The association may also restrict pets, parking and use of the common-area facilities by non-owners.

Answer 4

You can enforce limits to the percentage of renters in a community by adopting a rental cap.

Without a rental cap, every owner is in jeopardy, financially, when more than 30% of the units are rented, and here's why.

When too many units are rented, owners may not be able to sell their units or refinance them, because the percentage of tenants is too high. This is based on the US Freddie Mack and Fannie May organizations, to which bankers sell mortgages. Those organizations will not purchase a mortgage when the rental percentage is too high.

A best practices number is 30%; loans can be obtained when 70% of the units are owner-occupied. The absolute maximum number is 49% of tenants, above which owners can only sell for cash.

In addition, some master insurance carriers deny coverage to associations with too high a rental percentage, statistically deciding that the community is not significantly invested in itself.

The board can work with the association attorney to craft a rental cap -- with hard-ship exclusions -- and then adopt it as an amendment to the community's governing documents.

With a rental cap in place, the association may be able to step into the revenue stream enjoyed by the errant owner, and capture 100% or more of the rental income as a fine for violating the rental cap. This provision must be included in the cap, in order for it to be enforced.
Read your governing documents to determine how they are enforced.

Answer 5

Whether it's a condominium unit or a home that is embedded among assets owned in common with other owners, unless the governing documents of the association specifically dictate a screening process that every potential buyer experiences, a potential buyer cannot be singled out and prevented from such a purchase.

If, however, the association is a cooperative, which is a different style of real estate ownership, screening potential buyers is expected. If a potential buyer cannot survive the screening, then the purchase can be denied.

Best practices dictate that you obtain a copy of the governing documents to determine whether screening is part of the purchase process for all potential buyers.

Answer 6

The simple answer is yes. You need to review all the rules and regulations associated with your condominium.