Told Pets Were Allowed in Condo

[BigE381]

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

I have recently purchased a condo in upstate ny and things are not going well. When I initially went to view the condo I asked the seller agent if dogs were allowed in the condos. She said of course they are, and we had also seen dogs being walked in the complex. I put a bid in and asked for a copy of the HOA documents from the seller they had to order a set. Upon receiving the documents I looked through them and they said pets are allowed and must be leashed. Not a problem so far. Well I closed a few days ago and was doing some prep for painting when the neighbor came over to talk to me. She asked me how I got them to agree on me having a dog because they are not allowed. She brought me down a completely different set of by-laws. She said the few dogs in there are grandfathered in or are therapy dogs. She has also called the president on me and I am not even living there yet. The laws I recieved ended up being the original laws from 1991-92 with the building plans. I am lost as what I can do. There is now way I am giving up my dog. Thanks in advance

[mudpie]

You visit a lawyer and have him send a letter to the HOA and the seller's agent.

[Mr. Knowitall]

Typically you sign something for the association, stating that you've read the most recent community rules and that you accept and agree to abide by them. Did you sign such a document, and if so what did it say?

[BigE381]

I never signed any HOA paperwork. Meeting friday with a lawyer, thanks

[SChinFChin]

I never signed any HOA paperwork. Meeting friday with a lawyer, thanks

Give us an update.

I lived in condos, got relatives living in them, and wondered about it. I have in the past asked for bylaws, and recent changes to them, and no one seem to be able to provide any, or get their hands on it. Your case seems to be a "nightmare" come true.

I read of cases where people bought condos to rent out, and only found out when the "for rent sign" went up that rentals are not allowed.

Would appreciate an update, and a lawyers opinion. Off hand, I feel the "sales agent" should be more on top of it, and then the lawyer who is supposed to review things for you before closing, if there was one. These professional should carry "errors and omssions" insurance.

The HOA should also be more involved too. Indeed if there was a "no dogs" policy that residents abide by, and I chose to live in the complex because of it, it would be a nightmare if the complex started filling up with barking dogs, I can't sleep at night, and the best explanation I got was, "too bad, it's all legal because the new residents never got any HOA documents to sign".

[THEAMAZINGCHAN]

Well if the hoa bylaws presented to you said you can have a dog. who's fault is it they gave you the wrong ones and how are they going to fix it for you?

[magnusFL]

This won't help your case, but for others in Condo's my HOA Board has done a good job at putting all documents on community website...including rules passed subsequent to the original docs being issued.


http://www.harborpointefl.com/Condo_Docs.htm

[BigE381]

I am still up in the air on this issue. My neighbor had been fighting for me and set up a meeting with the HOA on the 20th for us to fight. Last night she saw my dog(30lb corgi) and basically thinks he is too big. I am completely lost now. I am going to go through with the meeting and then seek more legal advice as need be. The HOA called me the other day asking for monthly dues which were already paid and got very snotty with me. I asked for the current by laws and again was told about the book I already have. I told them no the current ones, she said they don't print them. Only the property president prints them and I should have went to a neighbor and made a photo copy of theirs before putting in a bid. I have yet to be able to get ahold of the president. I was told last night she is on vacation in Africa. This is one big nightmare. I need to be out of my apartment soon.

[magnusFL]

You should probably start with the NY State Condominium Act
http://law.justia.com/newyork/codes/..._rpp0a9-b.html

Which probably states that if you request (in writing) "official" records (like the Declaration or By-Laws) the Board must produce those (at a reasonable fee) within a certain amount of days.

[jk]

I am still up in the air on this issue. My neighbor had been fighting for me and set up a meeting with the HOA on the 20th for us to fight. Last night she saw my dog(30lb corgi) and basically thinks he is too big. I am completely lost now. I am going to go through with the meeting and then seek more legal advice as need be. The HOA called me the other day asking for monthly dues which were already paid and got very snotty with me. I asked for the current by laws and again was told about the book I already have. I told them no the current ones, she said they don't print them. Only the property president prints them and I should have went to a neighbor and made a photo copy of theirs before putting in a bid. I have yet to be able to get ahold of the president. I was told last night she is on vacation in Africa. This is one big nightmare. I need to be out of my apartment soon.

You have 2 different problems here. One with the HOA and one with the seller.

as to the HOA problems: if there are current rules in place that do not allow dogs, you are in a losing situation UNLESS the rules the seller presented to you were provided directly from the HOA as a response to the seller requesting a copy of the current HOA rules. If the HOA presented them to the seller as the current rules, you can argue that the HOA presented those rules as their current rules and as such, you can legally depend on that statement.

I would read the link provided by magnus to determine how the statement of "we don't print them" and if that would in some way cause any newer rules to not be binding since they are unobtainable from the HOA.

You will have to prove as to what exactly the seller requested and what the HOA stated they provided.

Now, we get to the sellers position:

If they did not seek the newest rules or if they were aware there were rules against dogs in the unit, they misrepresented the unit and you may have a claim to rescind the sale. Obviously, if you are looking for a quick fix, this isn't it and could result in you finding housing elsewhere but it is a possibility for a cure for the situation.