Question:
I own property in a small HOA. The original land owners developed the subdivision in 2006, but the lots didn’t fully sell until 2022, at which time the lot owners took over the HOA.
PRIOR to 2022, when the lot owners took over, the original land owners granted permission to ONE lot owner that allowed them to raise farm animals on their property. This is in direct opposition to our covenants.
Now, a second lot owner is saying this is a precedence and he wants to have farm animals on his property. “if they can have them so can I” is his argument.
My question is whether this can be considered a precedence or not? When all the owners bought, we were aware of the covenants and expected the subdivision to not have farm animals.
Can we legally deny this other lot owner permission to have animals on his lot?
– Ronnie
Answer:
Hi Ronnie,
In this case, there may have been selective enforcement, which could have implications on how enforceable the covenants may be. However, since there is a new board of directors after the original developer has left, they may be able to enforce the rule to make it effective yet again. To avoid selective enforcement, this may mean they have to enforce the rule equally — even on the homeowner who was initially allowed farm animals. They may also choose to grandfather the existing homeowner in to make an exception. It may be wise for the board to consult the HOA management company or attorney.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
