Condo Board Trying To Evict My Dog

**jeffi** · 07-10-2007, 06:59 PM

Story: I live in Massachusetts

My dog and the condo President's dog got into a fight, my dog bit her dog and had a small mark... No stitches or anything...

No i get a letter from the management company telling me i have 30 days to remove my dog...based on the Condo by-laws which give reference to the "rules and regualtions"

see below:
As a reminder, per the Master Deed, "Dogs, cats, or other animals may not be kept in any Unit, without the prior written consent of the Trustees. If such consent is given, the Trustees may require such pet to be removed at any time as provided in the rules and regulations of the Condominium".

Based on that... Our condo has No Rules and Regulations regarding pets what so ever, No one has written consent to have pets, except I have it on my purchase and sale to have pets. We are a new condo complex and no rules and regs have been established period let alone pet regs.

And if they try to set up rules and regs my dog and all others would have to be grandfathered in correct?

I had my lawyer send them a letter telling them that they can not do anything about my pet. and to kindly remove all complaints regardign the issue

Anyone have any input and what I can expect?

**Mr. Knowitall** · 07-11-2007, 12:57 PM

What did your lawyer tell you, in relation to whether your dog would be "grandfathered in" under a new regulation? It sounds like the new regulation would not be to forbid dogs, but would merely describe a process for the removal of problem dogs. That would seem to be consistent with the master deed.

**kandi6** · 07-11-2007, 01:16 PM

If she acting on behalf of the HOA Board? There would have been some other administrative hearing of some sort per your rules and regs before a determination could be reached, right? Calif. law provides that such proceedings must be established (Alternative dispute resolution), with adequate notice, warnings, fines, etc. Review all your rules and regs, Calif. Civil Code 1350 et seq., 1369.530 and related code sections. She may be acting outside the scope of her capacity of an HOA officer, i.e., an unlawful ultra vires act if she is acting alone but ostensibly the Board. Tell her so.