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Condo Bi-Laws

Discussion in 'Condo & Co-op Issues' started by Annz, Jun 27, 2016.

  1. Annz

    Annz Law Topic Starter New Member

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    Greetings All,

    I am a condo owner, it took me a while to find my condo because I had one requirement. No Pets. I am allergic to dogs and cats, plus I am deadly afraid of dogs. My condo is suppose to be such a place. It was advertised as no pets/dog allowed, I verified this with the condo association before I bought the place, and the Condo by-laws still says that they are not allowed. That was good for several years, until a new Condo president was elected. Now the place is full with dogs. The owners of the dogs walk around with them without leaches and allow them to do their business around the common areas. Home owners have complained about dog being allowed on the property, but the Condo president stated there is nothing he can do about it. What are my legal options.
     
  2. army judge

    army judge Super Moderator

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    Organize your like minded owners, run for president, stack the board with your supporters, change the rules, ban all pets.

    However, if you do, their owners will say they're service dogs.

    So, sell your condo, buy yourself a 10-20 acre lot in the unincorporated part of a rural county, put a nice double wide n it (or build a new home), problem solved forever.

    Good luck.
     
    Disabled Vet likes this.
  3. adjusterjack

    adjusterjack Super Moderator

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    Your legal options depend on how much money you want to throw at the problem. Do you have $10k or $20k to hand over to a lawyer for litigation?

    The reality is that you are probably stuck with this situation and one solution is to sell out and buy a free standing home within which you can insulate yourself from the animal kingdom.

    No problem as long as they don't live in your house and you don't touch them. I know that because I am deathly allergic to cats and never get a reaction when I avoid them and places they live. You won't get an allergic reaction from dogs in the common areas

    There it is. The real reason you're upset about all this. It's not your allergy, it's your fear of dogs (cynophobia - an irrational fear of dogs) that's doing it.

    That can be relieved by any number of therapies, including do-it-yourself. Google to find out how. Even if you have to pay for therapy (often covered by insurance) it'll be a lot less costly than trying to litigate something you can't win.
     
    Michael Wechsler likes this.
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Ironically I'm dealing with condo and co-op issues right now. What you're heard is unfortunately true - there is usually no simple, cost effective solution. Retaining an attorney will probably be the likely next step. Unless there is an enforcement mechanism (look at the bylaws), it's difficult to compel the president of a condo board or a homeonwer's association to take action. You'd probably do better and have more leverage with power in numbers - having other owners join you in taking action.

    If the dogs are allowed to walk around without leashes, that may raise a different issue. My understanding is that while the state of Florida may not have general pet / dog leash laws, your city or municipality may have an ordinance. You may wish to look into this as well.
     
  5. adjusterjack

    adjusterjack Super Moderator

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    Michael Wechsler likes this.
  6. Annz

    Annz Law Topic Starter New Member

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    Thank you for responding to my questions.
     
  7. Annz

    Annz Law Topic Starter New Member

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    Thank you for commenting. However, I found your comment about insulating myself from the animal world offensive and insensitive. I chose that particular condo because it clearly stated in writing and was verify by the association that pets weren't allowed. I am afraid of dogs because I was bitten by one as a child and look at the teeth mark daily.
     
  8. adjusterjack

    adjusterjack Super Moderator

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    Wasn't meant to be.

    There are only two guarantees in life: Death and Taxes.

    Everything else is subject to change.

    I thought it would be something like that. But that's a phobia that can be fixed. I understand phobias because I have one. Fear of heights. There was a time that I couldn't get up on a ladder. But I worked at it and became able to get up on my roof and walk around so I could do repairs and stuff.
     
  9. army judge

    army judge Super Moderator

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    Phobia, you say. I got over my fear of heights the first time the jump master tossed my young carcass off a jump platform, and once more for good measure out the back of an airplane. Next time I just hooked up, shuffled on along, and threw my own carcass outta the plane.

    Oh, the memories.
     
  10. adjusterjack

    adjusterjack Super Moderator

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    Jerry Lewis played that scene in the 1952 movie "Jumping Jacks." He's supposed to keep hold of a ball and not drop it. When he lands and opens his hand, the ball is stuck to his hand.
     
  11. army judge

    army judge Super Moderator

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    That was a funny movie.
     
  12. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    I empathize. When I was around 10 and up in the Catskills for the summer, I went on a hike to the local lake with a friend of mine. On the walk up the road there was a dog in a yard barking at us. We froze and then decided to walk slowly. The dog kept barking loudly but was still behind the fence. We froze and stood still, hoping the dog would stop barking. Suddenly the dog jumped the fence and chased after us. I remember vaguely climbing up the side of the bungalow home and eventually was able to slowly descend and walk with my friend back home. Perhaps the dog ran away, I don't remember - I think the dog followed my friend after being bored with my up on the roof. :) But it took me quite a few years not to be seriously on guard and in a defensive mode every time there was a canine in the vicinity.
     
    Annz likes this.
  13. Zigner

    Zigner Well-Known Member

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    @Annz - since you're back, would you care to let us know how this ended up being resolved?
     
    justblue likes this.
  14. adjusterjack

    adjusterjack Super Moderator

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    When you and a friend are being chased by a wild animal you don't have to outrun the animal you just have to outrun the friend. LOL.

    Thanks, Zig, for re-opening the thread so I can make that joke.
     
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