Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
We are zoned by our city as horse property, yet our HOA would like to deny residents horses. Can they do that? I have been told that city ordinances trump HOA rules, and our CC&Rs do not specifically restrict horses. Thank you!
This is a great question, and honestly I have no idea of the answer. It will depend on many things, including how the zoning rules are written (are you required to allow horses on all properties in the zone, or just permitted to?) and how the courts interpret the interaction between ordinances and HOA rules.
If you really want to keep horses (and it sounds like you do), I would talk to a local real estate attorney, who can give you a better idea of your options.
