February 11, 2010,
L.B. asks from La Grange, IL on February 10, 2010
Condo Association No Dog Policy
I moved in my condo about 10 Years ago with my mom and dogs were allowed unfortunantly we had a tenant that had a dog who peed on the hallway carpet on more than 1 occasion so the association (it's only 12 units it was about 6 people [including my mom]) decided to vote to impliment a No Dog policy.
Fastfowarding: My mom since then is no longer here and we have had new tenants move in and myself who have wanted a dog and the association refuses to budge (there are only 2 original members president/vice president and no other active members) They each have a cat who roam the halls at all hours of the day.
I would like some advice on how to go about overturning the rule. I'm not planning on getting a greatdane just a small dog for my kids. I am allergic to cats and I don't think it is fair that they are denying me and others to have a dog when they have a pet of their choice that roam our halls.
Thank you in advance
F.H. answers from Phoenix on February 10, 2010
they shouldn't be able to choose having one pet over another, it should either allow "pets" or none at all. I would wait til the board comes up for election and run for it and then you may be able to make the change you want! Good luck!
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J.G. answers from Cleveland on February 10, 2010
It you are able to do some research and find information on how cats can do as much damage to a property as dogs - maybe you could take it to them as proof they are still allowing animals that damage the property live there. Also, if there was a weight limit for pets it might help... kinda chaning the rule from no dogs to no pets over ??# - which would include the cats & dogs in one rule.
Personnaly I don't feel it is right for the cats to roam the halls - since there are home owners allergic to cats in the building. The animals should be keep in the condo of the owner. I own a house & am going to be trapping cats this summer and sending them to the pound. I know whos they are, but she lets them (about 20-30 - non fixed so there will be more next year) run the streets & I'm tired of my house smelling like a litter box... it's winter here & the only place they can go w/ non snow covered dirt is under my steps... and it is nasty walking out my front door. In the summer they use my flower beds as litter boxes since it's the easiest to dig in & under my hubby's truck. It has gotten so bad at time they have no where else to go that they just start going in the grass - and we aren't the house directly next to hers... so they are traveling down the street to find places to go to the bathroom. Last summer the road crew refused to fix a water pile infront of her house because it smelled so bad... they had to wear masks when they did finaly come & fix the water main in the middle of the street.
Like I said cats can do as much damage if not more to a property... so if they refuse to let you have dogs & won't budge. Maybe it's time to become a pet free building.
But if you really want dogs the other way to go is to get the other 10 condo owners to sign a patition for dogs under ??# to be alloud in the building. Then they have to listen... or be forced off the board.
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M.R. answers from Chicago on February 10, 2010
I used to be on a condo board and it is likely that there isn't much you can do.
From what I remember and understand, they have every right to make that policy as board members acting in the best interest of the Association. Typically, if a policy like that is made and owners (and/or their tenants) already have a dog then they are grandfathered in, meaning that the dog gets to stay. However, if the owner sells to another person or if the owner secures new tenants, then the 'new' people are not extended the grandfathering privilege and have to abide by the current by-laws/declaration. You or your tenants might want a dog but, legally, they are not allowed to have one because of the current provisions; it doesn't matter what happened in the past.
The only way to overturn the rule is to make sure that you elect board members/officers who are more dog-friendly. I'm not saying that it isn't right that dogs are not allowed and cats are, but what's legally right is that the board members are charged with the role and duty of making decisions on behalf of the Association to preserve and maintain the property. Apparently they think by having a no-dog rule, that is preserving the property. If you disagree with this, you should A) let them know and B) run for the condo board or vote for someone running for the condo board who is more dog-friendly - then you can get it overturned. In the meantime, there's really not much you can do.
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K.S. answers from Chicago on February 11, 2010
I think you should be able to convince them that, as others have said, cats do as much or more damage than dogs. They also aren't likely to be "trained" to obey, such as a dog could be...therefore your dog wouldn't be running loose in the hallway. Find out exactly how many cats there are in the building (including the ones the owners keep hidden). Then propose a rule limiting the weight to say 35 or 40 lbs..this would include most smaller and medium dogs...As also stated, units will sell better if they are allowed to have pets...if you can have a cat, should be able to have a dog.
D.G. answers from Chicago on February 11, 2010
The two remaining members are not allowed to stop any policies by themselves. It is always a majority vote. If you can get at least 70% of the building to vote on changing the policy, then it doesn't matter what the two on the board decide. The building has a right to go against the board policies as long as you have the majority of the building voting yes. Also common areas in our condo building have a no loose pets policy. We would get into huge trouble if we let our cats walk around the halls. Plus a "no dog rule" would make it harder for a building to sell. Many people want to get a pet once they finally buy. We just have noise policies and leash policies for the common areas in place so that dogs won't disrupt residents in the building.