Options regarding Pet Limit in Condos
July 24, 2011 4:37 PM Subscribe
Options regarding my dogs and the Condo Association's pet limit.
I have three dogs that I love very much. Recently I received a letter saying there was a two pet limit in our condo association. I did not know this before and I guess no one has seen me with three dogs until now (I let them go to the bathroom on our porch).
Their letter stated that I needed to get rid of one dog by the end of this month (six days) or I will be fined daily until I do. Are there any other options besides letting one go? :(
I have three dogs that I love very much. Recently I received a letter saying there was a two pet limit in our condo association. I did not know this before and I guess no one has seen me with three dogs until now (I let them go to the bathroom on our porch).
Their letter stated that I needed to get rid of one dog by the end of this month (six days) or I will be fined daily until I do. Are there any other options besides letting one go? :(
1. You could move
2. You could appeal for an exception
3. Get the rule changed
I suspect those are the only other options. I'm sorry you're facing this.
posted by tomswift at 4:41 PM on July 24, 2011
2. You could appeal for an exception
3. Get the rule changed
I suspect those are the only other options. I'm sorry you're facing this.
posted by tomswift at 4:41 PM on July 24, 2011
Your only hope, I'm afraid, is going to a meeting of your HOA and requesting an exemption.
This is something that happens. My own HOA has granted exemptions for home improvement, modified landscaping, etc. The people on your board may or may not be reasonable. A lot might depend on how bothersome your pets have been (not much, from what you say).
They may go against you any way, but you won't know until you ask.
posted by SPrintF at 4:46 PM on July 24, 2011
This is something that happens. My own HOA has granted exemptions for home improvement, modified landscaping, etc. The people on your board may or may not be reasonable. A lot might depend on how bothersome your pets have been (not much, from what you say).
They may go against you any way, but you won't know until you ask.
posted by SPrintF at 4:46 PM on July 24, 2011
Is there a reason for you not knowing this other than laziness? Did you fail to read the regulations regarding pets when you moved in, or did they change them? This matters. If it's the formal, you are probably SOL, but if it's the latter you should be able to get an exemption.
Also, do you have a sympathetic friend or family member who can take the dog so that s/he's still in your life?
posted by two lights above the sea at 5:01 PM on July 24, 2011 [2 favorites]
Also, do you have a sympathetic friend or family member who can take the dog so that s/he's still in your life?
posted by two lights above the sea at 5:01 PM on July 24, 2011 [2 favorites]
I'm not really recommending this, especially without at least trying to go before the HOA for an exemption as folks upthread have suggested, but when a relative of mine had a similar problem with her condo (they said she could only have one pet; she had two (similar looking) cats at the time) she told them "Okay, I'll get rid of one," and just made sure folks didn't see two cats out on her patio from then on. Worked for the five years she and the cats stayed there. Again, I'm not really recommending this, and I'm sure there will be plenty of folks to chime in saying that it's a bad idea (I've never done it myself so I have no first-hand opinion on the matter), but I figured I'd speak up in case you were obliquely wondering about anecdotes where people did successfully keep one more pet than their condo rules allowed ... at the very least it might be a worst-case stopgap while you look for somewhere else to live with your pups. At any rate, good luck to you and your dogs.
posted by DingoMutt at 5:02 PM on July 24, 2011 [3 favorites]
posted by DingoMutt at 5:02 PM on July 24, 2011 [3 favorites]
Is there someone in your condo building who would be willing to "foster" one of your dogs? (I'm thinking you still pay for food/vet/etc. but the dog officially lives with the neighbor... and who's to say how frequent any playdates are between all three dogs, or how long they last.........)
How much are the fines, by the way? Among other things, perhaps your HOA would consider accepting a one-time donation of X, to be used toward some common space improvement, in lieu of indefinite fines.
It might help to present a statement, signed by as many of your wall-sharing and floor-sharing condo neighbors as possible, attesting that they have not been disturbed by and do not object to your third pet.
posted by mauvest at 5:09 PM on July 24, 2011
How much are the fines, by the way? Among other things, perhaps your HOA would consider accepting a one-time donation of X, to be used toward some common space improvement, in lieu of indefinite fines.
It might help to present a statement, signed by as many of your wall-sharing and floor-sharing condo neighbors as possible, attesting that they have not been disturbed by and do not object to your third pet.
posted by mauvest at 5:09 PM on July 24, 2011
Six days' notice is not reasonable to re-home a pet. You might ask your HOA board for an extension based on wanting to do right by the CC&Rs AND the animal.
Also, you don't mention if you rent or own, or how big a building you live in. If you rent, your landlord is on the hook for HOA fines, not you. You should check your lease for pet details in that case, to make sure there's no reason you would've known of the limit. Your battle in that case would be with your landlord, and the likely outcome would be that you move.
If you own, you can apply for an exemption as others here have suggested. You might ask the board if they've received any complaints, and what they were based on. In my experience, smaller buildings tend to be more lenient than big ones, and may be willing to work with you to resolve any neighborly complaints without requiring you to move or get rid of a pet. If they decide to be sticklers, though, you're out of luck.
posted by nadise at 6:15 PM on July 24, 2011
Also, you don't mention if you rent or own, or how big a building you live in. If you rent, your landlord is on the hook for HOA fines, not you. You should check your lease for pet details in that case, to make sure there's no reason you would've known of the limit. Your battle in that case would be with your landlord, and the likely outcome would be that you move.
If you own, you can apply for an exemption as others here have suggested. You might ask the board if they've received any complaints, and what they were based on. In my experience, smaller buildings tend to be more lenient than big ones, and may be willing to work with you to resolve any neighborly complaints without requiring you to move or get rid of a pet. If they decide to be sticklers, though, you're out of luck.
posted by nadise at 6:15 PM on July 24, 2011
You need to take a copy of the most recently updated rules, the bylaws and the declaration to an attorney and figure out what exactly the board can do. We cannot answer any questions about what your options are without being able to veiw those documents and know what state you live in, because rights and duties of HOA members can vary drastically by state.
The questions I have though is this (and you should put this to your board): what happens after the six days? do they check for compliance? and how? do they do it every day? do you have a chance to appeal each days violation? to whom? what do they do in case of nonpayment of fines?
These are all things that should be in writing.
posted by greasy_skillet at 6:43 PM on July 24, 2011 [1 favorite]
The questions I have though is this (and you should put this to your board): what happens after the six days? do they check for compliance? and how? do they do it every day? do you have a chance to appeal each days violation? to whom? what do they do in case of nonpayment of fines?
These are all things that should be in writing.
posted by greasy_skillet at 6:43 PM on July 24, 2011 [1 favorite]
I came to re-emphasize the importance of consulting a lawyer. POA/HOA rules and enforcement can be very tricky. In my own association, a lawyer's intervention has put a full stop to HOA action; they just didn't have the power a board member thought they had! Exact wording of covenants, bylaws, and rules really does matter!
posted by Kronur at 12:36 AM on July 25, 2011 [1 favorite]
posted by Kronur at 12:36 AM on July 25, 2011 [1 favorite]
You should check the by-laws and make sure it's not the board making things up. I speak from personal experience!
posted by feste at 3:05 PM on July 25, 2011
posted by feste at 3:05 PM on July 25, 2011
I would consult a good lawyer before giving away one of my dogs. I would think there are all kinds of defense s/he could provide. Like how long have you been living there with three dogs (which suggests tacit approval) or how can they prove that absolutely no one else has three animals? A little strategic suggestion that you will be suing/countersuing may help.
posted by Lizzle at 2:07 PM on July 26, 2011
posted by Lizzle at 2:07 PM on July 26, 2011
This thread is closed to new comments.
b) attempt to change the rule or get an official exemption, which would require you going through all your Condo Association docs to see how to do that.
posted by brainmouse at 4:40 PM on July 24, 2011