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!

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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