Condo Association Management Blog

First-your propertyy manager should be talking with your landlord and not directly to you. Your landlord should have been given a set of the by laws and any rules adopted when he bought that unit. Suggest you ask property manager for copy of by laws and then post the provisions about dogs 
 
so I may further advise you

Charles is correct! Your landlord should have given you a copy of the rules and regs when you signed you lease! It's the owner of your unit that is in violation not you personally. My guess is that a copy of the letter went to both of you. I would call the landlord. Your lease agreement is not with the condo association it's with the unit owner and or landlord...

From my experience as a condo owner it doesn't matter what "other tentants or owners" have. If they start to target you they will keep it up. I do know if they do not enforce all the rules they can not pick and choose which to enforce. I live in a very disfunctional condo community that has "favorite tenants" that get special favors. I can look out my window at this moment and see violations.

Mosy Condo By Laws and State Condominium Acts provide a methodology for establisheing rules. Rules are used to make a oparticular condo association adapt to their individual needs. Should a board fail to enforce all elements of their by laws it would be appropriate for the council unit owners to adopt rules that could be established to modify their enforcement policies. Or alternatively amend the by laws. That is difficult to asccomplish because in most instances a 66.67% or evemn 75% affirmative vote is required for aproval.

Sorry to hear about your situation about your dogs. Immagine if you are the neigbour with young children of new renters that show up with big dogs. I am a dog and condo owner. My yorkie weighs in at 7 pounds. If your dogs are over 25 lbs and considered big dogs, I hate to say but, do they (big dogs) belong in a condo? Sure your landlords should have made it 100% clear, no big dogs over 25 lbs. They landlord should let you out of the lease.

Who is in charge of weighing the dogs?! What about a dog that started out under 25 pounds but was given too many snacks and fattened up over the years?

First thing is look into getting a copy of the condo docs that contain the rules and regulations. 
 
How far your landlord is willing to take the issue? The Board can fine a unit owner but there is a process which must be followed to do that. The Association can also evict you eventually. In my experience landlords typically don't want any problems and when they see a renter is causing them problems -- whether justified or not -- they will simply agree to move on. 
 
If you were an owner I would recommend that you document the other over weight dogs and object based upon the grounds of selective enforcement. If you were an owner the Association would be required to file a request for arbitration or lawsuit in order to rectify the matter.

On what is your statement about arbitration or law suit based??

It would be based upon experience. A Board cannot force removal of a pet simply by saying so. If the owner of the pet objected (as they obviously do) the Association would be required to file a lawsuit (in Florida it would have to be with the DBPR) to have the pet removed as violating the condo docs. 
 
If you're in Florida, you would be lucky because by the time it actually was heard by the DBPR, the point may be moot because your lease would be up and you may have chosen to move.

This is for owners.. How do you feel about tentants approaching the board for consideration when breaking rules.. ie large dogs, commerical vehicles etc.. as an owner who lives in their unit I see this happening more and more . Most of the time when a renter has approached the board about a rule .. rules get changed to the objection of owners ..and then the renter moves while we live on with the rule change. In my community I am sick and tired of the tolerance towards renters and rules. I understand owners must rent their units but some process of screening tenants should be enforced.

A renter is not a member of the council of unit owners and therefore he should not be permitted to address the Board. Any discussion should be with his landloard. Why does this Board permit a renter to address them???

A renter ,in most condominiums I am familiar with, has no perogative to address the Board Of Directors. His channel is through his landlord. That unit owner can address the Board but a renter is completely out of order in addressing the Board directly.Whay does the Bopard permit this to happen. A renter is not part of the Coucil

I live in Florida. Is the above comment about renters not addressing the board because they are not part of council apply?

certainly

I believe Florida has a Condominium Act. Contact the Secretary of Stae for copy or out 
 
"Florida Condominium Act; into your browser and then print out a copt. This act,in fact, is the law in theb state of Florida which governs live in condo0miniums.

Our condo association does not have monthly meetings anymore. The President lives in another state for most of the year.  
 
A renter approached the board at the last meeting to keep her son's dog on property . They said she could until the next board meeting which hasn't happened yet. Our last meeting was April.  
 
I often wondered why renters had the right to do this. Your statements make sense to me. We also have a managment company to make sure the board is following condo rule. I would sure like some backup to approach this issue with rentersg going to the board.  
 

What do you do when a previous board president grandfathered in dogs under 60 lbs when the by-laws state 25 lbs. How do you fairly address the issue with owners that now have a dog under 60 lbs but over 25 lbs.

In most states there is a law titled (STATE NAME)Condominium Act. Put that into your browser and then go yo sectyion 11-111 and you'll find the procedure that has to be followed to establish a rule. The action your previous board president established this rule is illegal and could subject him to being legally resposible for failing to follow the law. Point this out to your Present Board and I expect you'll get a reaction. The by laws usuaslly hold the board and yout covenants committeee harmless for their actions except if they violate state law. They can be sued in this instance and be fiorced to pay a fine.

My observation while living in a condo for the past 10 years or so is .. they make rules that are hard to enforce just for the sake of making a rule.

Florida has a state law that covers condominiums Go to "Division of Florida Condominiums, Timeshares, and Mobile Homes" You can ask your Secretary of State fior a oprinted copy, or a CD or read in on the internet. It will answer many questions. Forn example the Board on its own volition may not establish an rule. Your state law contains a procedure to be followed to establish a new rule and it requires a majority vote of the unit owners. Another point-The memberfs of a Board are held harmless for any thing they do but if they violate state law their immunity disappears and they can be sued and face legal penalties. 
 
A Renter has the same standing befiore the board of directors as a casual person walking by your condominium. A renter is not priviledged to address the Board or the management of your condominium. He can voice his concerns to his unit owner landlord but again not directly to the Board.

To address the Board one must be a member of the Council Of Unit Owners of a condominium. The Board of Directors functions under this council. The Council Of Unit Owsners is composed ,as the title suggests,of the unit owners and their individual votes are weighted in accord with the size of their unit.A renter does not fall into this organization and I'll repeat has no standing before the board on any subject.

I've just recently gotten involved with my HOA. I am curious to know the difference between Declarations of Covenants and Restrictions vs. Bylaws. Can they be the same? Thanks.

I live in an Adult Community and our by-laws clearly atate "No Pets", but owners are renting and renters are bringing in pets hiding behind the "Individuals with Handicap" laws, stating they need the pet for companionship. How do we handle this situtation? One renter has a dog in excess of 60lbs. Now I have to dodge dog crap the dog owners don't seem to pick up. If they do pick it up, they just throw it into the dumpsters, and believe me it sinks in 2-3 days. What recourse dod other owner's have?

The pet owner is required to submit a Doctor's statement certifying the need. Without the certificate the pet must go.

Bylaws do not grant President of the Board to make "grandfather" decisions.In most stae Condominium Act there is a specific procedure to be followed to establish a new rule. Grabndfathering is a rule and unless this procedure which involves a vote of the council of Unit owners . Takes a simply majority vote to approve.

I disagree that a renter can't address a board. Any person or entity can be brought forth to bring a perspective to the Board. The renter will have no voting privilege and no power to make motions. However the Board and the owners can allow them to be heard. (not that they have to do so.)

We just received notice that we are in violation regarding the presence of our 57 lb dog in our vacation condo. There is a limit of 2 35-lb dogs. She weighs less than the total of two and is quieter and less aggressive than many smaller dogs. We pick up after her, do not allow her to pee on the grass(we encourage the mulch). She is walked 4 or more times a day, is only permitted on the tile in our unit so there is no urine smell in the carpet should she have an accident(she is old). She's been at the condo 3-4 days at a time every other week more or less for the past 16 months with no complaints. Some neighbors have met her and have no issues. She's 11 years old and we do not want another dog after she goes. We are hoping to get an exception for her last few years.