Condo Owner has Pet Issues
We recently received the following inquiry;
Question . .. I reside in a condo that never inforced the rule regarding no pets allowed over 30 lbs. Recently the Association has singled out a few individuals with dogs exceeding the limit. However others with dogs over 30 lbs. are not being harrassed by receiving fines monthly. Is this legal for them to do this. Do those that are being singled out have any rights that protect them?
Sincerely Sandra, Grossmont Village Blues
Sandra, I do not have enough information to answer your question directly and it does depend upon the state where you reside.
However, generally the Condominium Covenants, Restrictions and Conditions or even the Rules and Regulations set out the specific rules for pet ownership.
Pet rules must not be unreasonable, cannot be arbitrarily or unfairly enforced and must be aproved and in place according to the correct procedures and processes.
Certainly, most courts have held that a total outright ban on pets is not an unreasonable rule.
Your question would focus on the unfair or arbitrary selective enforcement of a rule.
The Board or their appointed manager can not chose which rules to enforce or which owners to single out as a violator of those rules.
Rules that are changed to be applied retroactively also may be challenged by the owner.
Citizens for Pets in Condos is a site devoted entirely to this issue. You may want to check them out for some guidelines.
We wrote here about being proactive before you sign a lease or buy a property if you are concerned about your pets.
If you are already living in a place and the rules change, you may have legal recourse.
Finally, you need to speak with an attorney in the area where you reside for advice and assistance.
http://www.pettrustlawblog.com/admin/trackback/73003
