Condo Association Management Blog

You need a legal opinion. I obtained an opinion from an attorney that basically said that while they could make reasonable rules and regulations and prohibit certain breeds, that there is no proof any breed is more dangerous than another. Basically, it is how the dog is treated and raised. 
 
With this situation, it is better if you look at your documents and determine the necessity for a rule. If your rules already cover this (such as the pet cannot be on the common elements unattended, must be leashed on the common elements, etc.) then you may not have NEED for a new rule. 
 
When making new rules, you should look at the following: 
 
Is it needed? 
 
Is it desired? 
 
Is it reasonable? 
 
In this case, it appears from your description that as a board, you may be overthinking and overreacting due to concerns. It is reasonable to be diligent. 
 
The first step may be to notify the pet owner as a violation issue. The second may be to get a legal opinion. The third may be to get an opinion from the community. You may also be able to require the pet owner to obtain additional liability insurance or you can obtain additional liability as needed and you may be able to charge the pet owner. Again, check with not only your legal counsel but your insurance agent as well.

I know of a law firm here in Florida that filed an injunction for the removal of a "dangerous" dog in a community. You first have to look at your governing documents and your city/town ordinances, and then seek legal opinion on how to proceed. I also know first hand that a demand letter from an attorney was sent to a homeowner in my community warning that if he continue to let loose his Doberman (he has 2) at the community park, the association would seek legal remedies. You may have a solid case against the tenant since I do not believe residential communities are suited or zoned for animal rehabilitation.

The bylaws of most condominiums prohibit animals unless there is a medical necessity-such as a guide dog for blind resident.n my ciondo we have a single male unit owner whose Doctor certified he needs his pussy cat for medical reasons and our Board accepted that as being valid.

Check your insurance policy. There is a distinct possibility an Insurance Company could cancel coverage if they were aware of the dogs.

Condo Association rules in my assoc state no dog over 25 lbs and 15 inches high and the board has the authority to make a decision as to whether the pet is a danger to other condo owners and their guests. They have 3 days to rid the dog if they don't, then they get fined fo every day there after. Now you tell me what good that is if the owner refuses to do so. Some rules are a joke when former board members write them. 
 
 
 
Now in order to change this or any other rule it must be done with a lawyer. 
 
 
 
I have no real answer for you except if that were me and I feared for my life with a pit bull I would go over and above the board to get that animal removed, not caring what it would cost to me. 
 
I do not like pit bulls and or any other dog that is a threat to me and my family. Call animal control and see what they tell you, I would be interested to know that Animal Control will probably move in on the association rules. 
 
Rather safe than sorry is someone gets killed cause pit bulls clamp and don't let go! Good Luck

Be very careful about accusing any pet of being dangerous without documentation. You will open yourself (and your association) up for a lawsuit. Many Pit Bulls and other breeds that are generalized as dangerous, aren't necessarily so. Most are the result of their upbringing and socialization. If this neighbor is truly trying to rehabilitate dogs that have already been deemed as aggressive, perhaps she is living in the wrong place for doing that type of work. Just research what you plan to do about the situation thoroughly before making any decisions. 

I live in a condo that also states that dogs cannot weigh over 35lbs. There are a number of owners in my building that have dogs above the weight. All of the big dogs in the building are great. They don't bark at people or act aggressive, actually it would be most of the little dogs that constantly make noise. Is it fair to even judge a dog by size and not behavior?

In what state is your condominium???

I purchased a condo in Pompano Beach Florida 3 years ago. There was a pet restriction i.e. two pets, either cats and/or dogs, totalling no more than 40 lbs. I applied for purchase and sent pictures of my dogs, with a letter from my vet, stating that at that time they totalled about 30 lbs. The association knew they were puppies I was approved and allowed to purchase but currently only use it as a vacation home. I plan to move there permanently with the dogs by next year. Will I have a legal problem even though they now total 50 lbs? What can/should I do in preparation if any action is required.