HOA vs Local Ordinances on Dog Limits

Question:

Can you tell me if Oklahoma City ordinance supersedes HOA rules?
Specifically the home we’re fixing to purchase has a HOA rule stating we’re only allowed to have 3 dogs. We tried to get the HOA to grant us an exception, but the 4 dogs allowance was voted down. However, the Oklahoma City ordinance states that we can have 4 dogs.
Also, the current owners have 4 dogs in the house since 2017.
I’ve contacted 2 different attorneys and 1 says city law supersedes HOA and the other attorney says HOA supersedes city law! So I have no idea what to do!
Any information would be appreciated.

– Angela

 

Answer:

Hi Angela,

If they’re in direct conflict, the law will usually prevail over the HOA’s governing documents. However, there are times when HOA rules can be stricter than city ordinances, within certain limits, as long as they don’t violate or conflict with the law. In this case, what it may mean is that the HOA cannot allow five dogs in a home when city ordinances allow only four. However, as we are not lawyers, it is still best to consult with an attorney who specifically specializes in HOA matters in Oklahoma for further guidance.

 

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

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