Condo Bylaws And Pets

[20mommy2g]

My question involves a condominium located in the State of: New Hampshire

I just recently purchased a condex (2 unit condo) in which I am one half of the association/BOD. Everything is fairly basic, we abide by original by-laws for the property and building as would any other condo association. The condex was built in the later 80's and at the time the owners created by-laws which state no dogs.

Now the other owner has a small dog and when I had first looked at the unit she asked me if I had any pets, and I told her yes I have one cat (which is permitted) but would like to get another dog at some point. She then indicated there was a no-dog policy for the condex and she was "grandfathered" under these laws because she orginally rented the unit and later became an owner, claiming no one told her she was not allowed to have a dog. To my knowledge there are no documents pertaining to this that exist. My sister had to give up her dog and would like me to take it in so he doesn't have to go to a shelter.

The co-owner has also broken other rules listed in the by-law documents such as having her son's unregistered vehicle in the yard over the fall/winter, upon request of the condo association information she would not provide it for my review, and she refused to allow me to have inspections done of the property when I approached her about these. (They were done anyway as I had the right to inspect it prior to purchasing, none of it was at her expense.)

1) If I were to get a small dog, what could she do to me legally seeing how she also has one? She and I are the only members of the association and everything must be agreed upon between us- including changes to by-laws.

2) If she has also broken other rules stated in the by-laws what laws is she actually breaking?

3) As co-owner and member of the association what rights do I have in this situation?

4) How can she prove she was grandfathered without documentation?

PS- I obtained this unit from a bank since it was forclosed on and the previous owner left it more than a year ago. The co-owner has been responsible for everything by herself until this point.

Thanks.

[Mr. Knowitall]

I just recently purchased a condex (2 unit condo) in which I am one half of the association/BOD.

You are stating that the entire condo association is comprised of you and your neighbor?

1) If I were to get a small dog, what could she do to me legally seeing how she also has one? She and I are the only members of the association and everything must be agreed upon between us- including changes to by-laws.

It's what the condo board can do to you. As you know, the board is a separate entity. The board can typically fine you under the bylaws and, if you don't pay the fine, impose a lien and even potentially foreclose. Read the bylaws.

2) If she has also broken other rules stated in the by-laws what laws is she actually breaking?

She's breaking the bylaws. Bylaws are not "laws" as such. You don't get arrested for breaking them.

3) As co-owner and member of the association what rights do I have in this situation?

You have... whatever rights you have under the bylaws.

4) How can she prove she was grandfathered without documentation?

That's between her and the board. You want to make an issue of it? Read the bylaws and find out what you can do to make her prove her claim.