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

[museumsandgalleries666]

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.

See I don't understand how it would be a shit free neighbourhood. People would still walk their dogs there, cats would still roam there from other areas and most importantly wildlife such as foxes would still shit there.

Personally I'd run a mile from the place.

[quote QueenPaw]@LST I'm not allowed to hang washing out in my garden despite owning it
They've basically applied the rules of the giant block of flats with no gardens to mine also (small 4 flats, I have my own private garden)
So the houses on either side of me can festoon their gardens in washing, but I can't

Apparently they can also inspect my property monthly. It should be painted in approved colours, no pets except one caged bird or fish and a giant long list of other stuff
I've never had an inspection in 14 years [/quote]
@QueenPaw

Can I ask what country you live in?

If you're in the US then there are 19 states that have "right to dry" laws that overrule any HOA regulations so you can hang your washing in the garden regardless if you live in one of those states:-

soapboxie.com/social-issues/Right-to-Dry-States-Clotheslines-and-Green-Initiatives

If you're in the UK, I presume this is a restrictive covenant?

It may be worthwhile reading the covenant in detail as it may just refer to hanging washing in common areas and, obviously, your own garden is not a common area.

What do people have against washing!

They sound like loons. I wouldn’t want to live there to be honest.

I do think it is interesting that this thread has highlighted that an elected RA does have rights and an unelected one doesn't.

Makes me think there should be more information out there about what is allowed and not in terms of rules and conditions on sales etc

But is it legal, can they really stop you having a cat? What if you moved in and had a cat, what would they do? take you to court and if so would you really be told you couldn't have the cat?

@Thiscantreallybehappening

I do think it is interesting that this thread has highlighted that an elected RA does have rights and an unelected one doesn't.

Makes me think there should be more information out there about what is allowed and not in terms of rules and conditions on sales etc

But is it legal, can they really stop you having a cat? What if you moved in and had a cat, what would they do? take you to court and if so would you really be told you couldn't have the cat?

well, I think that depends on the RA. If it is an elected body, then it seems that, yes, they do have some rights.

But upthread someone said that if they take you to court, the RA rarely wins.

@nickymanchester U.K., and it classes as any washing on view so for instance hanging a dress up in the window etc
My neighbour is a pain very hot on the restrictions so the minute it's glorious and I pop an airer outside, I get a phone call or letter

[quote QueenPaw]@nickymanchester U.K., and it classes as any washing on view so for instance hanging a dress up in the window etc
My neighbour is a pain very hot on the restrictions so the minute it's glorious and I pop an airer outside, I get a phone call or letter[/quote]
what would happen if you refused to comply?

I wonder with a lot of these if someone just says No, what happens?

Wouldn't want to test it with a cat though.

@steppemum I think I would end up losing my apartment
They helpfully didn't mention the restrictions until we were just about to complete. Most of them I ignore but anything external then my neighbour reports it

I wonder if it was a planning condition for the estate? Pet cats have a devastating impact on wildlife (and not just birds and mammals, they can have a huge detrimental impact on populations of many rare species) so if it was near a particularly sensitive or valuable wildlife area no cats may be enforced to protect this? In which case don't buy or be prepared to proof your garden so the cat can't get out.

[quote QueenPaw]@nickymanchester U.K., and it classes as any washing on view so for instance hanging a dress up in the window etc
My neighbour is a pain very hot on the restrictions so the minute it's glorious and I pop an airer outside, I get a phone call or letter[/quote]
While your neighbour can send you a letter they will not be able to enforce it (there is a possibility that he might - it would depend on the exact wording)

It is likely that it would only be the owner of the freehold of your flats that will be able to enforce this. So your neighbour will need to contact the owner of the freehold if he wants anything done about it.

I don't have cats but wouldn't live somewhere a residents association had banned cats. I don't like neighbours cats shitting in my garden and bullying my dog but I don't like controlling, nosey, overbearing neighbours more.

And what if someone deliberately hurt the cat. Some people are vile, I wouldn't feel comfortable knowing my neighbours hated my dog, I'd be scared they'd hurt her.

@Thiscantreallybehappening

I do think it is interesting that this thread has highlighted that an elected RA does have rights and an unelected one doesn't.

Makes me think there should be more information out there about what is allowed and not in terms of rules and conditions on sales etc

But is it legal, can they really stop you having a cat? What if you moved in and had a cat, what would they do? take you to court and if so would you really be told you couldn't have the cat?

As to stopping you having a cat, it all depends if there is a restrictive covenant on your property that specifically says something about not keeping cats or domestic animals.

Now I can well imagine such a covenant existing in a leasehold flat - but in a house? No I can't imagine that being a thing.

So, without such a covenant there is nothing anybody else can do.

@nickymanchester sorry that's what I mean. They ring the management company and report it, then the management company ring/write to me

[quote QueenPaw]@steppemum I think I would end up losing my apartment
They helpfully didn't mention the restrictions until we were just about to complete. Most of them I ignore but anything external then my neighbour reports it [/quote]
but how?

I am not saying you should do this, and I am not trying to pick on you, but...

so the neighbour phones/complains, and you say - sorry I need to dry my washing it is staying out.

What legal comeback dies she have next?

I think I would want to hear from a solicitor about how enforceable these covenants are. From pp it seems as if they aren't.

@funnylittlefloozie

Are you in the UK? Is this "Residents' Association " a real thing with actual legal powers, or is it just some local busybodies?

In reality it doesn't matter.

They'll make your life hell whether they legally have a right to or not and I would NOT be letting a cat out there.

I wonder if it was a planning condition for the estate? Pet cats have a devastating impact on wildlife (and not just birds and mammals, they can have a huge detrimental impact on populations of many rare species) so if it was near a particularly sensitive or valuable wildlife area no cats may be enforced to protect this? In which case don't buy or be prepared to proof your garden so the cat can't get out.

If it was a planning condition/restrictive covenant OP's friend would have been given all that information earlier on in the process as they are legal documents. I know this because when we moved into our house there was a restrictive covenant in place and we had the details very early on in the process. Ours was no sky dishes, the builders had laid cable. We also had to inform the builders if we wanted to build an extension.However, the restrictive covenant was only valid for so many years and it has now expired.

I really think if not having a cat was a legal requirement OP's friend would have been given that information via her solicitor, it wouldn't come from the RA via the estate agent.

Also, lots of animals impact other animals you can't ban cats

TheThingsWeAdmitOnMN

they might. Or, you might find that once you stand up to them, then a lot of the rubbish stops.
And it may only be one person, and the rest of the street might be delighted that you have stood up for yourself.

But , yeah, I'd probably not want to even go there.

@steppemum I would have to dig out the restrictions to see what they say but the neighbour reports me to the management company, so it's them I get calls from saying "no washing outside" and then repeated letters
I mean I guess it is easier to get rid of someone if they rent, I own the apartment..
I'm not sure how enforceable the inspection bit is either, but they've never done that at least!
My neighbour did also report another neighbour with an airer outside - in their own house! He got nowhere with that

@QueenPaw

I agree with @steppemum What can they do if you say No? I do understand they can make your life difficult but it sounds to me like these people just want everything their way. If they don't like certain things they "ban" them. In reality I just can't see that these actions are legal. It feels like bullying. It might be worth you seeking some legal advice and then telling them what you have done.

TBH I’d like to live in an area where all the houses had restrictive covenants. I’d like no music outside, no bonfires, no leylandii type trees or hedges, no noisy out of hours DIY. I love it if there were no dogs or cats too.
I’d like a cat-shit free garden filled with wildlife and peace and quiet.
🌳🌳🌳 🐜🪲🪳🦉🦇🐌🐛🐝🧘🏻‍♀️🌳🌳🌳

@Thiscantreallybehappening I can't really seek legal advice as it's just how it is
Most apartments have management companies, who you pay and also have restrictions. The neighbour isn't who rings me, he just reports me to the management company who then contact me to say I'm breaking the agreement terms. I usually get round it by lifting my airer into the garden next door (they're a house so not restricted and happy for me to dry my washing on a nice day!)

@EverythingRuined

TBH I’d like to live in an area where all the houses had restrictive covenants. I’d like no music outside, no bonfires, no leylandii type trees or hedges, no noisy out of hours DIY. I love it if there were no dogs or cats too. I’d like a cat-shit free garden filled with wildlife and peace and quiet. 🌳🌳🌳 🐜🪲🪳🦉🦇🐌🐛🐝🧘🏻‍♀️🌳🌳🌳

lovely. Of course if it was me who wanted to have a bonfire, do some DIY or own a cat, that's different

@QueenPaw apologies, didn't realise you were dealing with a management company. Of course, that is different. I only skim read and thought you were in a similar situation to OP's friend.