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By CondoAssociation.com • May 28, 2016

Please help our HOA pet-related issue

Our condominium rules clearly specify the areas where residents are permitted to walk their pets. A handful of residents tell pet owners not to walk anywhere near their unit despite the fact that pet owners are walking exactly where the rule specifies and are meticulously picking up pet waste. Explaining the rule to these residents doesn't do any good--they continue to bother rule-abiding pet owners. When asked to intervene, the board and outside management company refuse to contact the residents who are bothering these rule-abiding pet owners to remind them of the rule and pet owners' right to walk where the rule specifies. The board and management company refuse to explain why they will not take this simple enforcement action as they routinely do with other rules. We've asked if there's a legal reason they cannot enforce the rule, but they refuse to answer. Despite multiple written requests for help, the board and the management company refuse to take action. Instead, they advise pet owners to "call the police." We believe it's not the police's responsibility to enforce our rules nor is it appropriate to call the police when nothing illegal has occurred. We believe the police at some point will appropriately label such repeated requests "nuisance" calls. This puts the rule-abiding pet owner in an untenable position. It's a Catch 22. In our by-laws we have an option to summon the board to a meeting to explain themselves, but not enough residents are willing to sign the petition to request such a meeting for fear of retaliation from the board or management company. One of the members of management often violates the rule by walking his pet where he shouldn't. So he has an obvious conflict of interest and is perhaps unwilling to enforce the rule for that reason. Have any of you faced this pet-related issue? Other than becoming a member of the board, what suggestions do you have for resolving this?

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Please note that blog comments and postings are not legal advice, rather only the opinions of our readers.

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