Since the buyers love the home, they are not looking to cancel the contract but they also do not wish to eliminate a pet. Highlands Ranch is located in Douglas County, where the number of domesticated household pets in is restricted to four. The community covenants can be more restrictive than the county’s. Of course, my counsel was to call the HOA on Tuesday after the Labor Day holiday to ask if there is any exemption to this rule. If so, they should get it in writing.

Next, we wondered exactly what is a "household pet?" Is the canary counted?  How about multiple fish?  The deed restrictions also mentioned that the household pet could not be dangerous. Immediately mastiffs or rottweilers come to mind. It just so happens that Denver’s Rocky Mountain News addressed this very subject was today. A dangerous pet is one that has an arrest record. It is an animal that has bitten someone or has a registered a complaint. Apparently, Aunt Mary’s chihuahua could be a dangerous pet, if he has a record.

I have to give credit to these careful buyers. All prospective buyers need to read and fully comprehend the deed restrictions that come with the home they are buying.  If you have any questions or concerns about the controlling documents, this is the time to voice those questions. In Colorado, our contracts allow for the contract to be broken if the buyer is dissatisfied with the covenants. It is imperative that the dissatisfaction be expressed in writing prior to midnight on the date outlined in the contract.

TeamCox Realtors would love to hear from you regarding your experiences, good or bad, with deed restrictions, enforcements in your community and HOAs in general.