Condo Board Refuses To Enforce Small Dog Rule

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M.S. from Hartford County writes:

Dear Mister Condo,

I live in a condo on the 2nd floor. The upstairs neighbor is very disruptive and noisy when playing with their 85 lb., 2 year-old Lab (which is against the condo’s small dog regulation). Many emails, letters, meetings with the offending neighbors and still the problem continues. The Board has basically washed their hands of the matter and said there is nothing more they can do. I can’t take it anymore and have put my condo up for sale. My question: Do I have any rights if the real estate agent tells me the prospective buyer wanted to buy but heard the pounding, thudding noise of the dog at play upstairs and has changed his mind! What can I do???

Mister Condo replies:

M.S., I am sorry for your problems. Sounds to me like you have done everything you can to work with the neighbor and the Board to remedy this problem. It irks me to hear that the Board will not take action. They have a responsibility to protect the rights of all owners and that includes enforcement of the rules. However, from a legal perspective, I am not sure that you have personal legal rights as pertaining to your sale of your condo. You really do need to speak with an attorney, preferably one with real estate experience, to answer that question.

My larger concern for you is that your Board has proven to be ineffective at solving this problem. When you say they have washed their hands of this issue, I am not fully sure what you mean. I assume you asked them to enforce the community’s small dog rule and they have not done so. Rather than sell your unit, why not vote them out of office? There is no reason for any resident to vote for a potential Board member who refuses to enforce the community rules. Simply spread the word about what has happened and how the Board has refused to enforce the rules. Then nominate candidates who will enforce the rules and be sure to vote them into office. Perhaps, you would be a good candidate? Good luck.

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