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Pets and HOAs

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For many people, a house isn't a home without a pet.  That applies to homeowners and renters living in condominiums, co-ops, and homes in planned communities too.  Pets not only bring joy to their owners, but they also bring a sense of comfort, companionship and care that makes for the most welcoming type of home.


Today, millions of Americans keep some type of pet in their home.  However, a property’s legal format can significantly dictate the pet type and characteristics an owner is allowed to keep in his or her new home.  While owners of single-family residences have more leeway in choosing the number of pets, and their pet size, weight and breed they can keep on their property, those living in a community association environment must go a step further and also abide by the rules and regulations that govern their common interest community lifestyle.  A buyer, owner, renter or landlord living in a common interest community (CIC) will need to study their community’s governing documents to assure their adherence to their community’s pet rules and regulations.   

Governing documents serve as the legal guide to HOA members and residents lifestyle to promote order, mutual respect and adherence to and support of the rights of fellow common interest community residents.  The intent and the delineation of the additional rules and regulations of the community must be followed to ensure a harmonious community environment for all. 

Therefore, pet owners and future pet owners moving into common interest communities must become aware of both the local city and county pet ordinances and laws, and also become educated upfront as to the community association’s governing documents’ pet regulations prior to becoming part of their community.

The Real Estate Agent’s Role in Assisting Client Who Have Pet Needs
To provide professional service to a client, a real estate agent must always clearly communicate with his or her client to ascertain the client’s current and anticipated future pet situation prior to working with the client.  That means the professional real estate agent ask the client what the client’s pet needs and wants are or will be in the future.  For example, “What is the weight, type and breed of the client’s current pet?”  “Does the client have multiple animals?”  “Does the client need an accommodation for a pet who is a service animal or emotional support animal?”  These are some of the necessary questions a real estate agent must ask a client when starting the cycle of a purchase or a rental transaction.

Besides inquiring about the clients pet needs and wants, the condo agent or HOA agent must be ready to assist the client with the client’s pet “due diligence” investigatory process in order to find the proper community environment that will suit the client’s pet needs.  That process consists of referring the client to the agent’s appropriate condominium or HOA team members to get the specific professional assistance the client will need to legally interpret the subject community’s governing documents prior to or during the inspection period.  That way, the client can confirm that the community’s governing documents are in agreement with the client’s pet ownership vision, needs and conditions. 

It is the real estate agent’s fiduciary duty to help his or her client get all their pet questions answered upfront by the appropriate professionals, particularly by an attorney specializing in HOA law, as well as a knowledgeable insurance agent prior to “falling in love” with a property in a common interest community and signing a contract. 

For the needed training and resources on working with real estate clients with pet needs who are buying or renting in common interest communities, go to the National Certified Condominium Specialist® Course link now.

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