You've done your homework on the house you're looking to buy. You know the area, the schools, and you're already picturing yourself Barbecuing in the backyard on warm summer nights. There's just one last thing you need to do: Review the HOA (Homeowner's Association) documents. It's important to know what sort of restrictions the HOA might have on purchasing a home. The buyer has to ensure the rules will not interfere with their lifestyle but once they become homeowners, often these same people do not pay attention to bylaw changes over the years which can cause them to be caught off guard.

Can an HOA force a homeowner to get rid of their pet? Often they can.

Let’s talk briefly about the Pennsylvania Agreement of Sale and the language built into the contract about Condo and Home Owner’s Associations. IN MOST CASES, The seller has 15 days to order the resale package which includes the most up to date information from the association on bylaws, the resale certificate for the specific unit, rules and regulations, and financial information for the association at large. The association is obligated to provide this packet within 10 days of receiving the request. The buyer can void the ratified Agreement of Sale up to 5 days after the receipt of these documents or the settlement of the property- whichever comes first.

So, it is unlikely you will have a chance to read through the rules and regulations prior to making an offer on the HOA or COA property. If there is a specific concern (dog breed or weight for instance), it is best to call the association directly for an immediate answer.

Oftentimes, when an HOA forces a homeowner to get rid of their pet, it's because they are in violation of a bylaw the owner wasn’t aware of. An HOA has a duty to create and enforce restrictions to ensure the well-being and safety of the homeowners in the association. If they operate within the guidelines of federal anti-discrimination laws, HOAs have broad latitude to create their bylaws, including the complete restriction on having animals in one’s home or on HOA property.

One exception to any restriction is the ability of an owner to have a service animal. Another situation that may allow a pet in contradiction to a bylaw is a member who has already had a specific animal when the rules changed. In most cases, these animals are allowed to remain.

Most HOA communities welcome pets, but an HOA does have significant power to influence the standard of living within the community. There may be type of pet restrictions, breed or weight restrictions, limits on quantity. Those are common in the Greater Philadelphia HOA and COAs.

If you are looking at a condominium community or building, they tend to have the most restrictions so make sure your furry friend is allowed and narrow down your home search to pet friendly communities.

Careful understanding of the HOA and climate of a community will avoid painful issues and ensure a pleasant homeowning experience.