AIBU moving into house with a cat in no-cats neighbourhood

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Asking for a friend :-)
Buying a house (freehold) in a newly-built (20 years old) neighbourhood and have received a letter from the resident's association advising no cats are allowed.
AIBU to continue my purchase and move in anyway? Do the Res Assoc have any legal right to stop anyone owning a cat?
Looking for advice as nearing completion and purchase chain will be affected.

@droptuning - The OP was asking for advice, ie, if there was a clause, in not being allowed a cat in a certain neighbourhood.
Cat poo, rabbits, cats scaring birds away, bird populations, isn’t what the OP asked for.
That’s why I never comment on these posts because the OP always gets derailed by disgruntled people, who have no tolerance of cats.

@HoneyRose87 But your post was nothing at all to do with the clause or not, or anything in the OP's original question.

You replied to another poster on a completely separate question (about cats decimating bird populations), and I replied to you. So either your post was 'derailing' and irrelevant, or mine wasn't. Mine was simply continuing the discussion you were having, and your post wasn't in any way answering the OP.

So your accusations of 'derailing' don't make sense unless you include yourself in that.

@dropdtuning - I corrected something that wasn’t true.
I replied to you because you quoted my post and didn’t expect to have a lengthy discussion with you, just for posting a fact but you continued to post about something that wasn’t relevant to the advice the poster was asking.

@dropdtuning @HoneyRose87 at the risk of extending this conversation you're both right and wrong. There is scientific evidence about the impact cat predation can have on birds. In general population terms the effect is likely insignificant against other factors such as habitat and food source loss. However for certain bird species, particularly those with small populations which nest on the ground the effects of cat predation can be significant. Its the reason I asked the location earlier up the thread. Its not a straightforward pro or cons to cats, you also have to bare in mind whether sources are entirely unbiased, if the RSPB for instance came out completly anti-cat they'd alienate a large proportion of their members. Pets also have an important role in introducing children to animals, they are a gateway to sparking interest in animal and wildlife behaviour and interest.

Have you exchanged? If so then pulling out now means either losing your deposit (almost surely tens of thousands of pounds), or a big legal fight that will still cost either you or the seller even more.

If it's legally binding I think it's something your solicitors should have known about unless the seller deliberately hid it.

If it's not binding then consider telling the RA that the seller never mentioned this and you've exchanged now. Although as others have said, your cat and you would be at high risk of criminal attacks.

Pretty sure they can't legally say no cats but if they are strange enough to try to enforce this they may be strange enough to make your life hell or worse harm your cat. I hate cats personally but I'd be worried about yours if you move there. Also, what might they try to ban next??

I’d be driving to a viewing like:

and I’d turn up like this...

Didn’t know there was such a thing as cat free neighborhood. Sounds very controlling and not the kind of place or people I would like to have as neighbors- they sound highly intolerant and I would think not only of cats.
If you really want to live there I would check if it’s legally enforceable to ban you from having a cat in your own home (I very much doubt that though) but I would be very worried about the safety of my outdoor cat if I had one. Anyone who is twisted enough to come up with the idea of a cat free neighborhood (how are you going to enforce stray cats or cats from other neighborhoods coming in by the way) is probably also capable of harming cats that dare to show up in their self declared Kitty free space.

I live in a neighbourhood (not UK) that is designated by covenant cat-free. The primary reason for this is to protect local wildlife species (although I suspect it was the only way the developer could get approval). However, many people do have cats. I keep mine indoors, as do most, but some do roam. It is a dangerous place for roaming, though, as we have dingoes, snakes, and our very own angry cat poisoner guy.

OP, I would ask for clarity what the exactly the rules are.

@emilyfrost. So not a cat person then ??!!!

@safariboot. Not sure if it’s even possible to pull out after contracts have actually been exchanged. Our recent house sale/purchase was fraught with last minute hitches and we were very anxious. Our solicitor was aware of this and he rang as soon as the contracts had been exchanged. His words were ‘no one can pull out now even if they wanted to’.

I doubt it could be enforceable but fuck living somewhere like that.
Then what, no hanging out washing on a Sunday 😂

Think of the cat that will probably end up poisoned or shot with an air rifle.

you can still pull out after exchange - but at the cost of the deposit.

@Tossblanket

I doubt it could be enforceable but fuck living somewhere like that. Then what, no hanging out washing on a Sunday 😂

Think of the cat that will probably end up poisoned or shot with an air rifle.

like switzerland? or some areas in germany?

@LaBellina funny I was just thinking how wonderful it would be to live in a cat free neighbourhood. It would definitely be an attraction to me.

Sorry - posted too soon. We offered on a freehold new-ish house at one point and once the offer was accepted the searches started to go ahead. It turned out there was a covenant on the land, placed by the original builders of the homes on it. As a result there were all kinds of restrictions including the types of extensions that could be built - loft extensions were banned.There was also a ban on putting fencing above 3ft in height at the front of any property on the land - and, yes, there were restrictions on the types of pets that could be kept. We pulled out of the sale after the solicitor advised that the covenant had been drawn up between the builder and the local authority - likely the only way the builder could get planning permission for the development - and as such everything in the covenant was legally enforceable. So before you go any further you need to make sure that the ‘no cats’ rule isn’t as a result of a similar agreement, because if it is, it’s more likely that it’s legally enforceable and not just some batty residents’ association rule.

@redcandlelight. You sparked my interest and I googled a bit. You’re right, a buyer can pull out after exchange - it’s breach of contract and the seller can not only keep the deposit, but they can also bring down a whole load of crap on the buyer’s head, and it can be horrendous. The seller can sue for damages, can apply to the courts to charge interest on the purchase price until the property is sold, and even make the buyer liable for any shortfall if the property subsequently has to be sold at a lower price. The buyer would also be liable for any resulting additional legal and estate agent costs to the seller. Interestingly, the same applies to the seller - a jilted buyer can sue for the property purchase to go ahead regardless, AND for damages and any resulting additional costs on top, including mortgage interest until the situation is resolved. If there’s a chain involved, it’s worse as there’s a trickle down effect and depending on the circumstances, all parties have the right to take legal action against the appropriate parties as the chain collapses.

You tend to think you’re safe once the contracts have been exchanged and you have a completion date, but don’t even get me started on the things that can go wrong before completion !! There’s also something very pertinent to the pandemic too - if you lose your job between exchange and completion and don’t declare it, it’s mortgage fraud and you can be prosecuted. Wow !!

I think if the OP HAS exchanged contracts, it might be better to find a new home for her cat if the covenant is enforceable. Cheaper in the end.

It sounds like an awful place to live. Not a chance I would live there.

@pam290358

That particular poster is rude about both cats and dogs, referring to them as the OP’s ‘choice of animal’.

I was meaning to add that she does it on every single thread about cats and dogs, she appears to have an unhealthy obsession with them.

@Mittens03069. I probably wouldn’t be popular then, having two cats and a dog !!

I wouldn’t be either, having 3 cats! 🤣

I'd love to live there