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  1. #1

    Default Pet Ownership

    My question involves a condominium located in the State of: Illinois

    Can a condo association prohibit an owner from owning cats? The cats are inside animals and never venture outside. They are quiet and their owners cleanup after them very well. If you didn't see the cats, you wouldn't even know they were there. Does the board have the right to make them get rid of the cats if they are bothering no one?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Pet Ownership

    Are you describing a situation where somebody wants to move into a condo despite a "no pets" rule, or moves pets into a condo in violation of that rule? Or are you describing a situation where a condo owner already lives in the condo and already has pets, and the condo creates a new rule forbidding the pets and then seeks to enforce them against the condo owner.

  3. #3
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Pet Ownership

    Good questions! The answer, of course, depends on the answer to those questions. (which may be why you didn't get one...)

  4. #4

    Default Re: Pet Ownership

    Good Point! The rule existed before the animals were brought in but the condo owner didn't see that in the rules and regulation pack. The animals are strictly in the condo and not in any common areas. I have heard of cases were pet owners have sued the association and won.

  5. #5

    Default Re: Pet Ownership

    I don't live in the state of Illinois but perhaps this will help.

    This incident just stresses how important it is for all prospective owners to read all the documents of an association prior to purchasing a unit. It doesn't make any difference if the animals are outside or inside. If the documents state no pets then that's what they mean.

    The only way that I can see this working out for the benefit of the owner is to petition to have the association's documents changed. It is then up to the Board to either act or it or not. I would think that if you get a group of owners together who are willing to sign the petition that would be more ammunition.

    In Florida I believe the law allows for service animals. If the resident needs the animal for a medical reason the courts will usually allow it. If that is so in Illinois, then it is necessary to get a letter from a doctor stating this.

  6. #6
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Pet Ownership

    Quote Quoting sparkeedarling
    View Post
    Good Point! The rule existed before the animals were brought in but the condo owner didn't see that in the rules and regulation pack. The animals are strictly in the condo and not in any common areas. I have heard of cases were pet owners have sued the association and won.
    I have heard of cases involving pets where the HOA failed to act against the offenders, and decided to do so much later, where the condo owner won.

    Having been a condo owner, believe it or not, I've bought into condos because of "certain rules, and it annoys me that for whatever reason, some feel the rules don't apply to them, one of the usual reasons that includes "it doesn't bother anyone".

    In fact, one complex where I owned a condo, the HOA is cracking down or buyers taking over units to run businesses. While it's true certain businesses "doesn't bother anyone", you rent to one, you have to rent to others, and sooner or later, you'll have to decide which bothers people more than others.

    Same with cats. The next thing you know someone is going to say snakes are just as quiet, and won't crawl around the common areas either. I've heard of cases where they've crawled down the toilet of one unit, and up through the toilet of another.

    In NYC, not long ago, the police raided an apartment, and found an adult tiger. The tenant claimed that it was never allowed in the hallways and doesn't bother anyone either. Would you live in a building with a tiger?? I wouldn't. It's a cat too. It was so quiet no one knew it was there.

    Now the proper way to do things is to circulate a petition, and if enough owners agree with you, then that would be the right way. It just gets my goat that some beleive rules are not for them, I'll either ignore it, or I'll just sue you if you stand in my way.

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