Are Dog Pens Improvements?

Question:

The HOA (California) that governs our home has various rules that cover “Improvements.” These cover, but are not restricted to, gazebos, fences and awnings.

We have a free standing dog pen on our patio visible from a public space. The HOA says that this is an unauthorized fence an needs to be removed.

We maintain that such a pen is not an improvement as an improvement by definition must be permanent and be intended to add value to the house.

We draw the analogy of a backyard kitchen with foundations vs a rolling BBQ.

Would a free standing pen be an improvement?

– Thomas

 

Answer:

Hi Thomas,

Every HOA has different architectural standards for its community. These standards are written in the HOA’s governing documents. Knowing whether or not a dog pen counts as an improvement depends on the language and wording in your governing documents. Thus, it is best to seek advice from a lawyer to interpret this.

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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