Legal Question in Landlord & Tenant Law in Utah

Our condos were built in 2002 and when purchased all owners were told pets were not allowed. The ByLaws and CC&R's permitted the decision on pets to be made by the HOA Board. The developer as the initial Board decided no pets when selling the units. Many residents bought in the community based on this. When the HOA was turned over to the residents in 2004, the HOA Board conducted surveys of the owners and based on that decided to allow indoor cats only and continue with the ban on all dogs because of the potential for common area destruction and noise. Recently we had a new board elected and the new president is in violation of the ban on dogs. Many complaints have been filed and fines should have been levied and paid by him, however, he, the other new board members and the new HOA management association the new board brought in have all ignored these complaints and fines. Now the new board has presented to the owners a vote on changing the bylaws to permit dogs both indoor and out and up to 2 indoor cats per unit. However, they are trying to restrict the pets to owners living in the units only and not allow any renters to have them when over 3/4 of the condo units are rentals. The new proposal also states that if a pet will be taken into the common areas the owner will have to meet certain restrictions. There is no grandfather clause in the proposal for those owners or renters who have legal pets on site with the current rules (i.e. there is a tenant in a condo in the middle of their second years lease with a previously approved indoor cat). Does the HOA have the right to change the rules to affect tenants mid-lease and to enforce them? Also, how does this conflict of interest with the current HOA President being in violation of the current pet/fine rules affect any potential enforcement of this new proposal? Also, the new management company sent a letter with the proxy asking all the owners to vote in favor of pets because they will supposedly enforce the rules (which they currently are not doing) and because some realtors are telling them they cannot sell units in the complex because to the no dog rules. This doesn't seem like something an HOA Management company should do. Your advice?

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