Question

The founder of an animal rescue in NC has been approached by the HOA that she can not have more than 2 pets in her condominium. She has been fostering cats in her home for over 2 years with her rescue, and all are there on a temporary basis awaiting medical healing or adoption. This is the first time the HOA has approached her on this issue. Can she negotiate with the condo association for a fostering exception due to her work with animal rescue? Could she approach the HOA proposing negotiating with them special limitations on foster duration, specific animal types? Thank you for any help! This woman has been saving animals for over 50 years. She has a heart of gold, and a huge animal advocate.

Answer

People who want an exception to an HOA rule can certainly ask for it but should not count on getting it. I strongly suggest that the founder of the rescue consult with an attorney in North Carolina who can review the HOA rules and advise about next steps. Depending on the precise language of the HOA rules, an argument may be made that the “excess” animals are residing in the home on a temporary basis only and should not be included in the animal limit rule.

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