Question: The CC&Rs for my Scottsdale condominium complex
state that no dog shall weigh more than 40 pounds. A German Shepard
in our condominium complex weighs at least 70 pounds, and the
owners of this German Shepard let him run loose throughout the
condominium complex. I sent an e-mail to our property management
company complaining about this German Shepard, and the property
management company responded by saying that the board of directors
is going to grant a variance to the owners of the German Shepard.
One of the reasons I live in a gated community is that I have
a fear of large dogs. Is there anything that I can do?
Answer: The CC&Rs for a community generally can not be
waived or “varied” by the board of directors. Any modification
to the CC&Rs generally requires a formal amendment by the homeowners
under the procedure provided in the CC&Rs. If a provision in the
CC&Rs is not enforced, the provision in the CC&Rs will be waived.
The CC&Rs can be enforced either by the board of directors or
by the individual homeowners. Therefore, if the provision in the
CC&Rs for your condominium complex prohibiting large dogs is not
enforced by either you or the board of directors, the provision
will be waived, and everyone in your condominium complex can have
large dogs.
