Legal Question in Real Estate Law in Indiana
Homeowners association problems
We have a small 'rubbermaid' type doghouse in our backyard for our dog. The dog lives in our house not outside, we have an invisible fence, he is only outside to play with our kids and to go to the bathroom. Our doghouse is in our kids mulched play area. It has been there for 2 years. Our assoc. just sent us a letter telling us we are breaking covenents by having our doghouse. Here is the article they used from our covenents to claim this: dogs, cats or other household pets may be kept provided that they are not bred, kept or maintained for any commercial use and are housed within the dwelling. There is no mention of a dog house anywhere in the covenents. They say that the language of this article says that a dog house is prohibited. Are they correct in saying so? or are we ok to have it in our play area for our dog and kids?
2 Answers from Attorneys
Re: Homeowners association problems
The question turns on what is a "dwelling". A dog house could be a "dwelling". See if dewelling is defined in the CC&R's.
Re: Homeowners association problems
Since the dog lives in your house, not outside, you are not violating the covenant. Say so to the association. Maybe they will meekly apologize for disturbing your tranquility.
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