At one Charlotte condo development, some residents worry they could be forced to choose between their homes and their dogs. At Sharon Place in south Charlotte, residents say an emailed notice threatened fines, eviction, and calls to animal control for violating the community’s pet policy. They say the policy goes too far and may not be legal, prompting concerns about the limits of HOA power. For some, the email was the first time they heard about the policy.

“This (policy) comes with a set of restrictions that are just harsh, they’re inhumane, and they lack a true knowledge or even a connection with the humanity of the individuals that have to live under it,” Toni Emehel, a condo owner, told The Charlotte Observer.

Though a spokesperson for the HOA said the policy has been in place for years while residents have violated it, an attorney told the Observer some aspects may not hold up. What changed at Sharon Place and why are owners upset? Sharon Place, which includes over 70 condos, has always had a pet weight limit written into its governing documents, Emehel said. But the board spoke about the policy at meetings earlier this year and in May sent residents an email with “stern and firm language” outlining the policy and penalties for violating it. According to a copy of the policy obtained by the Observer, the HOA threatens to evict residents with dangerous pets and use Charlotte-Mecklenburg Animal Care and Control to remove animals that violate any of the rules, which include leash guidelines, a 25-pound limit and vaccination requirements. The policy applies to both pets that live in the community and visiting pets.

Some condo owners at Sharon Place say a pet policy could force them to choose between their pet and their home

 

For Antonia Beaman, a resident who has owned her condo for 27 years, the policy is devastating.

“It makes me want to move, because if I had to pick between living there and picking my dog, it would be easy,” she said. “I don’t want to live without my dog… that’s my baby.”

Beaman said she moved into the community with a large golden retriever dog and was unaware of any weight

restrictions on pets. The association is allowing a one-time exemption for current pets over 25 pounds. “I pay my dues, I do everything, and then all of a sudden they throw this little side ball,” Beaman said. “They were aggressive about it, saying, ‘you would be forced to move.’”

Even some residents without large pets say they are worried about how the policy could impact their ability to sell their home in the future.

Jacob Souva lived in his Sharon Place condo with his wife for eight months before it was destroyed by a fire in June 2024. Currently living with his in-laws, Souva said they hope to move back into their home for at least a year once it is rebuilt. But the policy, he said, makes him worry about their ability to sell in the future.

“Changing the terms and conditions makes it cumbersome and frankly that does eliminate a large swath of buyers who might have a larger dog,” he said. “I mean, not allowing dogs over 25 pounds is absolutely insane.”

Is the policy enforceable? The policy obtained by the Observer explicitly states that any violations of the rules will result in a call to Charlotte’s animal control unit and “animals will be removed.”

But according to Bryan Harkey, field operations manager for Charlotte-Mecklenburg Animal Care and Control, that is untrue.

“We do not enforce private regulations concerning breed, size, or weight restrictions set by HOAs. We also do not enforce HOA by-laws regarding restraint or containment,” he wrote in an email to the Observer. “Those matters are strictly between homeowners and their HOA.”

James Galvin, a Charlotte attorney who represents homeowners and HOAs, said that section of the policy is “ignorant.”

“That’s a ridiculous overreach of power. They’re trying to fear monger, and that’s an irresponsible communication for a board to make,” he told the Observer. “It’s either purposely untrue or just ignorant.”

Another issue residents have with the policy is that it threatens eviction. Galvin said eviction is a process that deals exclusively with landlords and tenants, not homeowners and HOAs.

“I would be highly surprised if any judge in North Carolina would allow an HOA to evict anyone,” he said.
When asked about the board’s ability to evict residents, Community Manager Brayden Johnson said that it was the wrong term to use.

“This part of the policy has been in place for many years, but the board believes that whomever wrote it intended to say that a dog that harms someone must be removed from the property, and that ‘evicted’ was not the proper terminology,” he wrote in an email to the Observer.

Johnson said that the policy was sent to residents as a reminder and to offer them the ability to grandfather in pets who are over the weight limit. He called it a “less-harsh” alternative to enforcing the policy as written.

Can HOAs change rules after you buy a property?

Some residents, like Beaman, said they wonder if HOAs are allowed to change rules after a home is already bought. Galvin said it depends.

While some HOA governing documents, including the declaration, are typically tough to change, boards have the ability to issue and change rules and regulations that govern the association as long as they aren’t inconsistent with the existing bylaws and declaration, he said.

But there are still some restrictions, Galvin said. State law requires the rules and regulations to be “reasonable.” Though vague, Galvin said case law suggests reasonable means that the rules are consistent with the culture and character of the type of community. For example, it may be unreasonable to ban flip flops at a beachfront community, he said.

When it comes to dissatisfaction with HOA regulations, Galvin said he suggests the same solution to many of his clients – getting involved.

“The best, cheapest, most effective and long lasting way to change your association is politically, not filing a lawsuit,” he said. “The reality is, you’ve got these people on the board most of the time because no one else is willing to do it… It just takes the majority of people getting involved.”