Is this not one of the dumbest CC & R’s you have ever seen?

4.5 Animals. “Except as expressly permitted by this Section no animals, birds, reptiles, fish, fowl, poultry or livestock shall be maintained or kept in any Unit or on any other portion of the Condominium. One (1) Permitted Pet may be kept or maintained in a Unit if kept, bred or raised solely as a domestic pet and not for commercial purposes, and further provided that the Unit Owner shall first obtain the consent and approval of the Association prior to bringing or keeping any Permitted Pet in the Condominium Project. For purposes of this Section, a “Permitted Pet” shall mean a dog, cat, fish or bird of a variety commonly kept as a household pet. Provided, however, that no breed of dog shall be kept by any Unit Owner in the Condominium that (i) could cause cancellation of any homeowners’, liability, or Association insurance policy, or (ii) weighs seventy-five (75) or more pounds (Ibs.). The Board of Directors shall have the absolute authority to determine what constitutes a reasonable number of Permitted Pets. No Permitted Pet shall be allowed to make an unreasonable amount of noise, cause an odor, which is detectable outside the Unit, or be an annoyance to a person of ordinary sensibilities. All dogs shall be kept on a leash when outside a Unit and all dogs shall be directly under the control of the Owner, Lessee or Occupant at all times. Any person bringing a dog onto the Common Elements shall immediately remove any feces deposited on the Common Elements by the dog. Any Unit where a Permitted Pet is kept or maintained shall at all times be kept in a neat and clean condition. No structure for the care, housing, confinement, or training of any Permitted Pet shall be maintained on any portion of the Common Elements or in any Unit so as to be visible from the exterior of the Building or any other Unit. Upon the written request of any Owner, the Board of Directors shall determine whether, for the purposes of this Section, a Permitted Pet makes an unreasonable amount of noise, causes an odor which is detectable outside the Unit or is an annoyance to a person of ordinary sensibilities. The Association shall have absolute discretion to permit or deny the keeping of any pet by any Unit Owner. The Board of Directors shall have the right to adopt, amend and repeal Rules governing the keeping of Permitted Pets in the Condominium, and such Rules may include limitations on the height and/or weight of Permitted Pets.”

Only 1 guppy?, 1 lonely zebra finch, only 1 white mouse? What am I going to feed my boa constrictor?

Is my one domestic, shorthair cat in violation as he was never “Permitted” by anyone?

OK, the real problem is dogs but I am a bit curious about this “permitting” thing. All the stupid language of the CC & R is avoided by our rules and regulations which clearly says. “One (1) dog” and under 75# and of course pick up the poop!

Now the problem: 2 dogs and I think maybe 3 at times are freely walked around the complex by our neighbors and even though in many cases, the Property Managers could see the violation during their compliance tours they say they won’t act without a formal complaint. As human nature would have it, a BOD member who is on the 3 side of many unpopular (with the 2-siders) 3/2 BOD decisions is quite often seen and documented in the company of 2 canine pets. A 2-sider filed a formal complaint and received this reply (excerpted from but in no way out of context) in an e-mail from the Property Manager., “This specific complaint has been received and researched in the past. This is an unwarranted complaint as it has already been determined that there is no violation. Management has the proper documentation on file (which will NOT be shared) and this complaint will not be addressed again in the future.”

This sort of gets one’s blood boiling and the wheels turning. Given the goofy language of the CC&R I can conceive that there could have been an executive session where the BOD or likely 3/5’s of them decided that they had the power to let X have 2 dogs. Maybe one is a therapy dog for X and the other one is a therapy dog for the therapy dog? Or maybe X only owns one of the dogs and the other one just comes to visit a lot? A very convoluted decision by an extremely X sympathetic BOD in an executive session is the only semi-legitimate scenario I can conceive.

So finally, the question: can they do this crap? If the BOD thinks that they have the power to basically grant an exception to a CC&R to a single individual, are not the Association members entitled to know that such an exemption has been granted (even if the underlying facts need to remain confidential), and when? And, one last question: Can a subsequent BOD exercise their Executive Session Superpowers to rescind the previous ruling?
Thank you,
Terry L. Linthicum
101 S. Players Club Dr. (Moonrise at Starr Pass)
Apt. 11102
Tucson, AZ 85745
C: 520-237-1175