Question:
The original HOA rule stated that an electronic leash (ecollar) was an acceptable means of control for dogs.
The board then created a new rule that specifically banned the use of ecollars and added a 6 foot leash requirement. They also inserted a rule that electronic fences were allowed.
When challenged that the rule was created in a closed meeting, the board president stated that Idaho law allowed a board to create “reasonable rules”.
There is no mechanism in the CC&Rs to formally challenge a board created rule or to demand a vote.
– Ken
Answer:
Hi Ken,
Kindly review the CC&Rs to verify what the association’s policy on pets is. If the new rules are in line with the CC&Rs, then the new rules may be applicable. The board typically has the power to pass reasonable rules that don’t go against the governing documents or law. Moreover, these rules typically don’t require a vote unless otherwise required by the governing documents. However, the board does have an obligation to follow the procedure outlined in the governing documents for creating and implementing rules.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
