Condo Association Management Blog

What do your bylaws say?

I do not see how this could be legal. All owners must be treated equally. I have done a fair amount of research on this and it looks like that principle has been upheld by the courts in virtually every state (I have not been able to find any exceptions). 
 
If you go to Northface Condo Assoc Info Site and then select the Fiduciary Duty page from the menu you will see some examples showing that equal treatment is one of the primary fiduciary responsibilities of the Board and there can be severe consequences if that duty is violated.

Sorry, trying link again.  
 
Northface Condo Assoc Info Site 
 
(I wish this site used a rich text control that allowed easy creation of links as a slight syntax error is easy to do.) 
 

Come on, a bird? How many people harbor in door cats? People complain about dog owners cause they don't want to clean up after them and outdoor cats that go into other peoples gardens, but a bird in a cage..........Please stop the humor!

Refer to your bylaws for the answewr. Most do have a provision that prohibitsd pets and it makes no difference as to what species a pet may be, AS bird in a cage is the same as a lion in a cage. Equal treatment is of no import if bylaws prohibit pets thats your answer

What is a condoHOA?? A condominium is not the same as a Home Owners Association and the state laws covering these divergent entities are different in most states.

your link does not work. Could it be possible that thre Board of Directors or your bylaws have established different rule concerning pets for each builkding in the association??That would be perfectly legal.

I have never heard of condo legal documents trumping law. Here is a section of the NH Condo Act which I believe says the law trumps the Condo HOA (Home Owners Assoc) Bylaws/legal documents. This statute quote also appears to at least partially address discrimination. Furthermore, Fiduciary Law I believe is well established to require equal treatment.  
 
Go towww.wvnorthface.info and then click on the 'Fiduciary Duty' menu item. It has some examples of how the courts have ruled in unequal treatment cases. 
 
"Section 356-B:14 
 
356-B:14 Validity of Condominium Instruments. –  
I. All provisions of the condominium instruments shall be deemed severable, and any unlawful provision thereof shall be voided. ... 
III. No restraint on alienation shall discriminate or be used to discriminate against any person in violation of RSA 354-A. " 
 
Above quote origin is http://www.gencourt.state.nh.us/rsa/html/xxxi/356-b/356-b-mrg.htm  
 
You will have to copy and paste the Web address into your browser as the links I try to create on this site do not consistently work with the syntax I am used to using or I am mistyping it. Or, click on my name at the bottom of the post to go to the Website and use the menu to navigate from there to the Fiduciary page to see how the courts have interpreted fiduciary law in regards to condo HOA.

Okay, So what's the answer. If a condo complex in WI has 10 buildings and 4 allow pets of any size and kind and 6 do not allow pets is that equal treatment under the law. A bird in a cage or a house cat or a coffin size fish tank with fish and turtles. Does it matter can they prevent any of these petsfrom living in a "non pet" building?

The law you refer to does not affect the bylaws. Equal treatment is not an issue if the bylaws set up each building seprately..

Quick research shows the following taken fromwww.legis.state.wi.us 
 
"703.10(2m)  
(2m) Limitation on enforcement of certain provisions. No bylaw or rule adopted under a bylaw and no covenant, condition or restriction set forth in a declaration or deed to a unit may be applied to discriminate against an individual in a manner described in s. 106.50." 
 
 
"SUBCHAPTER III 
EQUAL RIGHTS PROGRAMS 
 
106.50 Open housing.  
 
106.50(1)  
(1) Intent. It is the intent of this section to render unlawful discrimination in housing. It is the declared policy of this state that all persons shall have an equal opportunity for housing regardless of sex, race, color, sexual orientation, disability, religion, national origin, marital status, family status, status as a victim of domestic abuse, sexual assault, or stalking, lawful source of income, age, or ancestry and it is the duty of the political subdivisions to assist in the orderly prevention or removal of all discrimination in housing through the powers granted under ss. 66.0125 and 66.1011. The legislature hereby extends the state law governing equal housing opportunities to cover single-family residences that are owner-occupied. The legislature finds that the sale and rental of single-family residences constitute a significant portion of the housing business in this state and should be regulated. This section shall be considered an exercise of the police powers of the state for the protection of the welfare, health, peace, dignity, and human rights of the people of this state." 
 
Same WI website showing law prevails over condo documents: 
 
"703.30(4)  
(4) Conflicts in provisions. If there is any conflict between any provisions of a declaration and provisions of a condominium plat or any provisions of the bylaws, the provisions of the declaration shall control. If there is any conflict between any provisions of any condominium instruments and any provisions of any bylaws, the provisions of the condominium instruments shall control. If there is any conflict between any provisions of any condominium instruments or any provisions of any bylaws and any provisions of this chapter, the provisions of this chapter shall control." 
 
Also, as stated in prior posts I also believe Fiduciary Law would also require equal treatment.

I think your faith is misplaced. Why don't you check the bylaws your answer may be found there. Burt regardless the bylaws and your states condominium act dictate howe your association is managed-fiduciary law only woukld come into play is the Board arranged for a contract that violated the state law.

Apparently the bylaws set aside specific buildings for "pets" and all other buildings as "non-pets". 
 
Will the bird, cat, fish have to go? It does not matter to me. But when it comes before the board I want to help my friend in the other building where i can. 
 

Your help will not be useful. The bylaws are specific and unless yiou can take action to change the by laws any pet(regardless of what soecuies may be involved) will force the unit owner to dispose of same. It was tyhe unit owner's responsibility to check the bylaws before purchasing a unit to acertain if he was willing to live under the restrictions those laws imposed. The board is responsioble to enforce the bylaws and you cannot fault them for doing their job.