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I just read the post regarding pet kennels and HOA's I too…

Customer Question
I just read the...

I just read the post regarding pet kennels and HOA's I too was denied to install a cage in my back yard for my 2 cats. We are not allowed to let them run free and must be on a leash My cats have never had a leash

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I won't let them out alone because of foxes

Lawyer's Assistant: Where is the property located?

Yes I filed a design request along with a picture and they won't let me have one or a greenhouse (even though my neighbor behind me has one, I live in Sommerset Village in Aurora, CO

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't believe so

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
3/30/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 14,297
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 4 months ago
Can the HOA deny my request for the cat kennel? Seems like animal cruelty to me
Customer reply replied 4 months ago
I don't wish to call.
Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago

I'm sorry to hear about your situation. This appears to be a violation of the implied covenant (promise) of good faith and fair dealing on the grounds that they are essentially binding your cats to the inside. Also, since cats often do not have a leash and because the kennel is in the backyard, it is likely a violation,. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward other can result in a breach of contract. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can just purchase, download, and go. Click here to get started.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 4 months ago
That's all for now. Thank you
Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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