K.V. from outside of Connecticut writes:
Dear Mister Condo,
I’ve been living in my condo for over 5 years. The association has never ever enforced the no dog over 20-pounds rule the entire time. Now I have an eviction notice on my door. Are they able to do that? Can they now kick me out for my dog? I’ve had her there for 5 years. I would have never moved in if I knew this would happen. 5 years!!!! Not one word about it being against the rules.
Mister Condo replies:
K.V., I am truly sorry for your problems. Just because the association chose not to enforce a rule doesn’t mean they can’t enforce a rule. What they do have to do is enforce the rule evenly (not just against you) and they have to follow the rules for notifying you of the violation, giving you an opportunity to contest the violation, make sure your dog is not an Emotional Support Animal (ESA), etc.. If they have done all of those things and your by-laws allow then to evict you and/or your dog, then they may be well within their rights. If you have not already done so, you should most certainly hire an attorney to protect your rights. Eviction is usually an extreme measure and a very legal procedure. It should not begin with a notice on your door. There are many more steps than that in the process. You can and should fight back. Whether or not you will prevail depends on the association’s governance documents and your local laws. All the best!