Can The HOA Rules Restrict Me From Owning Horses?

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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!

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.



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Author: House Attorney