Hi all,
A unit owner, not yet a BLOG member, has sent along the following question:
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"I live in an Association that has a "no pet" policy. A small dog has been living full time in one of the units of our Association since 2006. Other units have dogs that visit or stay for a while. Therefore, I was sure I lived in a pet friendly association. Now, I have a purchaser for my unit and when I asked for permission for them to bring their small dog, I was told by the President, verbally and in writing, that no, they couldn't bring a dog. I would like to know if there is any recourse that I can pursue. It seems to me that this is discrimmination and unfair enforcement of the no pet policy given one dog has been a permanent resident for several years (it is not a service animal) and other dogs visit regularly.
Perhaps you would be kind enough to comment yourself?
Thanks,
A unit owner
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Ok, I will comment, but first "I am not an Attorney" and the following is not legal advice.
The facts as you present them suggests that you might raise a "Selective Enforcement" claim. Many such cases have been arbitrated and also gone to Court in Florida. By Selective Enforcement, I obviously mean that "if the Association allows another unit owner/owners to have pets, they should also allow you the same right"!
Make sure you have read and understand your Association Documents on the issue of pets.
Start with a certified letter, stating the issues and send it to the President of the Association. Stick to demonstrable facts and demand redress. If you get no satisfaction, engage an Attorney.
If Selective Enforcement is found by an Arbitrator or Court, you may get your pet.
In the interim, a bit of research might be helpful, consider reading the following to start:
1) http://www.ccfjedu.net/courtdecFLgovdoc.html
2) http://www.ccfj.net/courtdecFLselectenf.html
These are two significant Selective Enforcement cases, there are many others.
Dave Israel
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Before you put major effort into the dog residence issue, check if this is a barking yappy dog that will prove to be a nuisance. Many people came to the village because there were no dogs. Everyone is entitled to quiet enjoyment of their unit and that does not include being aggravated or awakened by barking. One bark awakens me and its not pretty.
ReplyDeleteThis is just one other side of the several issues.
The smaller the dog, the yappier they are. Small dogs bark at everything!
ReplyDeleteDepends on your governing documents. I believe Coventry added an amendment to allow pets. Our old non-yappy will be there soon to live out his golden years with his loved ones.
ReplyDelete