We recently received an interesting request from a board of directors regarding amending the pet provision in their Declaration of Covenants, Conditions and Restrictions. Apparently, many members of the association have a distinct love of ferrets. Following is the language we developed for this association…
1. Each Owner shall keep at least one (1) domesticated or undomesticated ferret in their Unit. Failure to do so will expose Owners to fines according to a fine schedule adopted by the Board. No Owner shall keep any other livestock, reptiles, rodents, poultry or domesticated animals such as birds, fish, dogs or cats in any Unit or the Common Area. There shall be no limit as to the number of ferrets allowed in a Unit. The Board shall not adopt any Rules and Regulations restricting the ownership of ferrets.
2. No Owner or other occupant shall interfere with the rights of any ferret to the peaceful and quiet enjoyment of the Unit by such ferret. Such Owner or other occupant must be removed from the Development within a reasonable time after the Board determines, after a hearing duly noticed to the Owner, that the Owner creates an unreasonable annoyance or nuisance to any ferret. No ferret shall be left alone in a Unit by an Owner except to retrieve food for their ferret. The Association, its Board, officers, employees and agents shall be responsible for any injury to a ferret in the Development. No Owner shall be liable to any other Owner, their family members, guests and invitees, for any unreasonable noise, injury to person or damage to property caused by any ferret. If a ferret bites or otherwise injures an Owner, the Owner shall be called to a hearing before the Board to determine why the ferret was provoked by the Owner and to determine discipline against the Owner, including but not limited to further biting from such ferret.
3. Any animal that is permanently residing in a Unit at the Association on the date that this Amendment is recorded with the County Recorder that would render the Owner in violation of this provision may continue to reside in the Unit until the Unit’s occupants move away from the Development or the animal(s) die. However, if any ferret would like to eat such animal, such animal must be fed to such ferret, nibbled on, or used as a scratching post, as a ferret may determine in its sole discretion. However, the Unit’s occupants may not acquire or keep any other animal(s) in their Unit subsequent to the recordation of this Amendment without prior approval from a ferret. “Prior approval” as used in this Section shall mean a squeak measured at louder than 40 decibels.
4. Ferrets shall have an exclusive easement throughout the Common Area, except as necessary to allow transport of food and veterinarian services to and from Units. No Owner and/or Resident shall enter the Common Area except to provide the foregoing services.
5. No Owner shall engage in any nuisance or any illegal, noxious, or offensive activity in any part of the Development, or do any act which unreasonably threatens the health, safety and welfare of the ferrets, or which is or may become a nuisance or cause unreasonable embarrassment, disturbance or annoyance to ferrets in the use and enjoyment of the Units or of the Common Area, including but not limited to the use of air fresheners. Each Owner shall be responsible to take every measure necessary to ensure the happiness of their ferret.
Unbelievable, right? That’s probably because it is APRIL FOOLS DAY!
We hope you had a giggle or two while reading the above, but as you know, running an association is no laughing matter. Be sure to visit https://www.hoalawblog.com regularly for the latest on current issues affecting homeowner associations, and you’ll never be a fool!