Category Archives: Pets

Irresponsible Dog Owner Concerns Condo Residents

L.H. from outside of Connecticut writes:

Dear Mister Condo,

We are senior citizens who have filed 10 complaints about a resident who does not leash his German Shepherd dog in the common areas, e.g., hallways, elevator, garage. We live in the same building as this resident. The CCR’s require all dogs to be on a leash. The HOA stated the attorney is working on our issue. They have yet to levy a fine on this resident. It has been 8 months and the resident is verbally abusive to us. What can we do?

Mister Condo replies:

L.H., I am sorry that you have such an irresponsible pet owner in your association. Honestly, it sounds like you can do all you can do. Once the association attorney is involved, it is up to the Board and the attorney to take the next steps. Hopefully, this dog will not attack you or any other unit owner before the dog’s owner leashed the dog and follows the rules. Sometimes, you just get a jerk living in an association. This is one of those times. If the verbal abuse continues, call the police. Protect yourself as best you can. My guess is that the attorney’s involvement will help correct the situation. Good luck!

Condo Revokes Renters Pet Ownership Privileges

K.L. from outside of Connecticut writes:

Dear Mister Condo,

I rented a unit in a condo building with a lease that allows me to have a dog (under a certain weight limit). I waited months to adopt a dog and a week before the dog arrived the condo association posted a notice in the Common Area announcing that only OWNERS were allowed to have pets. I promptly talked to my landlord about this and he said he would talk to the Condo Association. Fast forward several weeks and I now have the dog. The landlord informed me days ago that the “condo association” won’t allow him to bring the matter to the Board. I’m frustrated and confused and ready to break my lease. What recourse do I have?

Mister Condo replies:

K.L., I am sorry you find yourself in this unfortunate situation. The association has the right to regulate who can and cannot have pets on the property. Of course, they need to follow the rules for passing the rules but let’s assume that they did everything right and the rule now stands. Your beef is with your landlord who contractually allowed you to have a pet as a provision of the lease. He can no longer fulfill that provision of the lease which may give you a valid reason for you to break your lease, provided that is what you want to do. Hopefully, your landlord will not challenge your breaking of the lease based on this provision but you may need to speak to an attorney to protect yourself from a suit from your landlord for breaking the lease. Your landlord may be in a position to sue the association or ask for a grandfathering of the pet clause but this will cost him more time and trouble than simply replacing you with another tenant. It is an unfortunate situation to say the least. I wish you and your landlord a happy parting of the ways and a fast turnaround in you finding a new apartment and him finding a new tenant. Good luck!

New Condo Owners Challenging Association’s Pet Rules

K.T. from outside of Connecticut writes:

Dear Mister Condo,

I purchased my condo in September of 2015. There are 12 units in our association. We read the CCR prior to moving in because we knew we’d be wanting to get a dog. Our CCR states “Owners may have two common household pets which may be dogs, cats, birds or other pets defined in the Civil Code Section and as limited by local City and County ordinances and regulations.”

However, after moving in, our HOA manager sent over a handbook which states we can only have one dog and one cat. The handbook is dated 2007 and the CCR 2015. I would like to get a 2nd dog but am curious to see if the HOA handbook can stand up to the CCRs.

Mister Condo replies:

K.T., thank you for the question. As you know, I am not an attorney and offer no legal advice here. You may wish to contact a local attorney to see what specific legal rights you have. As a friendly outside observer, I would say it looks like the handbook is much older than the CCRs. It would stand to reason that the CCRs would supersede the Handbook but that is not always the case. However, before I advise you to rush out and get a second dog because you think you are in the right, I have to ask you about other members of the community. Do any of them have a second dog or are they all following the handbook rules? Even if you are right, and there are no other unit owners with two dogs, you risk the ire of your neighbors. If you don’t care about that, and you want to press the issue, speak with an attorney and see what the consequences might be for pushing back against the handbook rules. I would also ask you to think about the welfare of the second dog. If you are not successful in your campaign to take on the association and their handbook rules, what will become of the dog? I wish you and your fur babies a happy journey!

Can the Board Enforce a Weight Rule Against Tenant With an ESA?

A.G. from outside of Connecticut writes:

Dear Mister Condo,

I am on the HOA Board of our 11 unit complex. One unit is being rented out to a tenant with a pit bull. The HOA knew the tenant had a dog but only recently started receiving complaints about the dog. It has jumped on other residents, barks all day, and has tried jumping on other resident’s dogs. The HOA also was informed the dog is over our weight restrictions. When served with a violation notice the tenant gave a letter stating they are allowed one ESA. Can the HOA continue to pursue action against the dog being over weight limits? And can the HOA do anything about the dog being a nuisance? The owner of the unit is siding with the tenant and wants them to keep the dog. But now other residents, including the neighboring unit, are afraid of being attacked by the pit bull. I don’t think the ESA is exempt from all HOA rules but it seems the tenant is hiding behind that ESA letter.

Mister Condo replies:

A.G., the winds of change are blowing on Emotional Support Animals and your tenant may be on the losing side of the latest court rulings. Also, the HOA may be able to enforce rules about breed or weight restrictions based on your local laws. However, this is not a “do it yourself” project. Violating the rights of any unit owner or tenant with a legitimately documented ESA is a potential lawsuit waiting to happen. You are very well advised to seek the advice and guidance of a locally qualified attorney who is verse in this area of law. Otherwise, your small association could find itself on the receiving end of a lawsuit. Based on what you have shared with me so far, it sounds like both the tenant and unit owner are ready to do battle so tread lightly and get the legal advice you need before you take any action. Good luck!

New Pet Rules Discriminate Against Condo Dog Owners

L.B. from outside of Connecticut writes:

Dear Mister Condo,

If condo bylaws permit a pet (no restriction on size) does the condo board have the right to impose a surcharge to pet owners (specifically dog owners). Our board voted to charge $20.00 per month per dog & new owners a one-time charge of $200 plus the $20.00 per month. Do they have the right to impose such charges? What about cat owners? Should they be charged as well. These charges seem discriminatory.

Mister Condo replies:

L.B., as long as the Board passed these rules in accordance with association governance powers, they have committed no foul. However, it is important to note that these individuals were voted into service by homeowners like you. If you and enough of your fellow homeowners feel the rules are unfair, simple replace the Board members with like-minded representatives of the people. If you can’t muster enough support for that, I don’t see why the rules should change. The sitting Board likely had their reasons for imposing these rules and, as long as they were adopted and passed correctly, they are the rules of the association. All the best!

Service Animals at the Condo Pool!

A.F. from outside of Connecticut writes:

Dear Mister Condo,

We are a pet friendly condo. However, we do have common areas like our pool deck that does not allow pets. I like dogs but more and more residents are turning up on the pool deck with their ESA dogs, its turning into a dog park – the condo management don’t know if they can enforce the pool deck rules and ask the ESA dogs to leave?

Mister Condo replies:

A.F., this is an area where the association needs to tread lightly. Service animals are not pets and, unfortunately for the association, are not subject to the same restrictions that the association can place on pets. There are a lot of lawsuits based upon discrimination of people with ESAs. The association doesn’t want to become embroiled in such a lawsuit. I am not an attorney and offer no legal advice here. However, I would be remiss in my friendly advice duties if I didn’t tell you that you should speak with an attorney verse in both association law and service animal laws in your state to make sure the association doesn’t misstep. There may be reasonable accommodations that can be made that allow the folks with service animals to enjoy the common amenities while not imposing on the rights of the other users. I am not saying it will be a perfect solution but there may be a way to accommodate the desires of all. Get the advice of the association attorney and enjoy your amenities, without creating a lawsuit. Good luck!

Condo Landlord Thwarted by Pet Ownership for Renter Rules

J.C. from outside of Connecticut writes:

Dear Mister Condo,

Master Deed By-laws state only one pet per condo. House Rules state one pet per condo and then states no renters can have pets. Paragraph two speaks of renters having no pets. Paragraph three speaks of lessees needing to provide 2 references. Our lessee has one pet. POA wants to fine us because they say the House Rules say no pets for renters. I believe someone signing a lease for longer than 30 days is considered a lessee, not a renter. How do I fight this without an attorney? Thank you.

Mister Condo replies:

J.C., I am sorry you find yourself at odds with your association over the pet rental rules. The terms “renters” and “lessees” are generally interchangeable so it would appear that your documents are in conflict with themselves. This is actually not that uncommon as many associations simply use a boilerplate as a basis for their documents. If there were no verbiage about the pet restrictions on renters, I would say you are in the clear. However, even though it appears to be in conflict with an earlier statement on the subject, the fact that there is a restriction on pets for renters elsewhere in the document, I would say you will not be successful in challenging the association’s position. You can challenge the association by filing suit, seeking arbitration, or whatever other method of dispute settlement is available to you. However, if you do not wish to hire an attorney, you will do so on your own. The association on the other hand would likely use the services of an attorney to defend themselves. In my non-lelgal opinion, the association will prevail. Good luck!

Condo Board Dragging Their Feet on Renter’s Pet Approval

K.L. from outside of Connecticut writes:

Dear Mister Condo,

I am a new move-in in my condo building. About three months ago I submitted a general purchase application to the condo board of managers, which includes a question about pet information. According to the house rule, upon the board approval, pets are allowed in unit and leashed in common area, so I clearly stated that I plan to adopt a small size apartment dog. However, I haven’t heard from the board for three months. I even heard that they plan to charge a pet fee (and this is after my application was submitted). I want to ask what can I do if the board keeps silent forever and if it’s legal to charge a new fee after the application being submitted. Thank you!

Mister Condo replies:

K.L., I am sorry that you are having difficulty getting an answer about your new pet. I am sure you are anxious to make the adoption and also be a good tenant and resident of the association. Until you have the approval of the Board, you would be wise to wait as you would be in violation of the rules of the association otherwise. The Board does have the right to implement pet fees and they are not beholden to any timeframe for that, including your application date. In fact, they could implement the fee AFTER your approval and you would still be subject to it, in my opinion. As for how long they have to reply to your request, it really is up to them. Ideally, it should be at their next meeting or however else they handle the request. Some associations would delegate the job to a property manager; others handle it themselves. As a renter, you need to apply pressure to your landlord to get the Board to take action. The unit owner, not the renter, is the one who the Board must answer to. Hopefully, you can get this matter cleared up in short order. Good luck!

HOA Sues Owner for Trying to Rescue a Stray Cat

J.H. from Michigan writes:

Dear Mister Condo,

My neighbor accused me of feeding a feral cat. HOA is taking me to court. I was not feeding a feral cat! This female cat was tame, but pregnant. I was feeding the cat in order to catch her. If I had not, there would now be 3 females pregnant by the 2 tomcats roaming the condo complex. I did these people a favor! I bought the food, sat outside with the woman from a rescue organization and caught the mother and two kittens. Can a HOA have ordinances to override the County, City and State laws?

Mister Condo replies:

J.H., I salute your efforts to help but I hope you can understand how dangerous feeding any wild animals can be and the potential risk it puts on the HOA. Your neighbor had no way of knowing what you were up to and reported the behavior to the Board, who took the appropriate action for your rules and by-laws. I cannot imagine that any of their rules override local laws and the answer to that question is “no”, they cannot have rules that conflict with local ordinances. I have to believe that the correct solution to this problem would have been for you to report the stray but tame cat to the association and let them take whatever steps they deem appropriate to remedy the situation. After all, this wasn’t your cat. The person from the rescue organization would have been their likely contact and the same end result could have been achieved without your personal involvement in rescuing the animal. I am sure you meant well and I am guessing you are an animal lover, which I certainly admire. However, in most HOAs, feeding stray or ferial animals, regardless of your intention or their tameness, is prohibited due to the risk of pestilence and/or animal attacks on residents. All the best!

Neighborly Pet Behavior Missing at this Condo!

A.S. from New London County writes:

Dear Mister Condo,

I have a neighbor who has gotten out of control with her little dog relieving its self on her deck. It stinks! I contacted the property manager and health department. They both told me to take photos, proof, so I did. There is a hearing for the owner of this unit. I was told by the police that I cannot take photos, the police told me the property manager needs to take the photos. Our decks are 12′ off the ground, no stairs to them, so what am I supposed to do? Call the property manager and wait for him to come out? By that time, it’s too late!

Mister Condo replies:

A.S., you have a series of unfortunate events to deal with here if you are going to curb your neighbor’s behavior. The violation of your condo rules is the purview of the Board and the Property Manager. The police are only involved if laws are being broken. If your neighbor allowing her pet to relieve itself on the deck is a rule violation (most likely, it is), then you document the violation as requested by the Property Manager and let the Board take action against the neighbor. If the police are involved (likely through a domestic complaint) you need to follow their rules so they can enforce the laws. You may wish to hire an attorney to get a better answer as to what you can and cannot do for law enforcement. Honestly, if the Board takes action against the neighbor (violation letters, fines) that is probably all it will take to get the neighbor to be a more responsible pet owner. If that doesn’t work and you do need to involve the police, you will have to follow their instructions, as difficult and improbable as they sound. Good luck!