Illegal Rules of Operation "Pets" - Haciendas Palo Verde Legal

Ariana Sanchez is again not paying attention to the Law. Multiple homeowners have written to her and showed her the illegality of her actions but she insists and doubles down on the illegality in a stubborn and incorrigible way.

Pet Policies are under the authority of the Assembly of Home Owners and not the administrator. Ariana Sanchez knows this and therefore nonchalant claims her operations rule is a “stop gap” measure. Off course the Law does not grant Administrators “stop gap” measures. She makes it all up to justify her illegal actions. We wonder, why she does not claim “de-facto” as she does with her other law breaking.

Arianna Sanchez actions show she has no respect for the Law nor the Homeowners. A year ago 4 homeowners proposed a pet policy to be discussed in a Homeowners assembly. Ariana Sanchez in violation of the Laws never brought this policy on any agenda for any Assembly. Instead she outrageously exceeds her authority to decree her own illegal operations rule.

Off course this illegal rule of operations is not enforceable by Law. As are the “penalties” she wants to apply are also unenforceable. That does not hinder Ariana Sanchez to harass Homeowners with threats as she has done multiple times and with other illegal actions she has taken.

Ariana Sanchez documents again and again her lack of respect for the Law and the Homeowners of Haciendas Palo Verde. Her open disregard for the Law and Homeowners is the source vast majority of problems we have in Haciendas Palo Verde and puts our administration at risk.

Legal Background:

Pets are private property and pet regulations are by law part of the regulations under the authority of the Home Owners’ Assembly.

The authority of the Administrator is limited to common property like the clubhouse. The Administrator can for example set pool rules for the usage of the common pool.

The Condominium Regime Law In Title 4, Chapter 1, Article 45 specifies which items belong in the regulations of a Condominium Regime.

Article 45
XIII.- Determine, where appropriate, the measures and limitations to possess animals both in the Unidades de Propiedad Exclusiva and in the common elements, as well as the sanctions to those who contravene said measures;

“Measures and Limitations to possess animals” are legalize for “pet policy”.

The Law clearly stipulates that those are part of the Regulations, not Operations Procedures. Regulations can only be set by the Homeowners Assembly.

The Law is very clear in Title Three Chapter 1 “Of the Supremacy and Attributions of the Assembly” pet regulations fall under the authority of the Assembly and not in the authority of an Administrator.

Therefore the Operations Rule “Pets” is illegal and a clear infraction on the rights of Homeowners.