Results 1 to 5 of 5

Hybrid View

  1. #1
    Join Date
    Jan 2010
    Posts
    2

    Default How to Interpret My Bylaws

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

    Hello,
    I am currently renting out my condo and they just got a dog. Apparently, the neighboring unit is complaining that the dog is making too much noise. The property management and Board President got involved and said the bylaws does not allow renters to have dogs. They forwarded me a copy of the bylaws that says:

    (f) No animals, livestock, fowl or poultry of any kind shall be raised, bred or
    kept in any Unit or In the Common Elements. Unit owners may, however, keep household pets, including dogs and cats, kept In Units, which
    animals shall not exceed twenty five (25) pounds in weight; and provided
    further than any such authorized pet causing or creating a nuisance or
    unreasonable disturbance shall be permanently removed from the
    Property upon three (3) daysí written notice from the Association.

    The President interprets this as renters cannot house dogs. It doesn't say anything about the rights of renters anywhere in the bylaws. Do I have a valid argument? There also are many dogs over the 25lbs limit so other bylaw policies are being broken that haven't been addressed. Can I use that to my advantage? Can I use the discrimination card (being an asian owner in a mostly white owned building) as another advantage? Thanks.

  2. #2
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: How to Interpret My Bylaws

    Quote Quoting freshwun
    View Post
    My question involves a condominium located in the State of: Illinois

    Hello,
    I am currently renting out my condo and they just got a dog. Apparently, the neighboring unit is complaining that the dog is making too much noise. The property management and Board President got involved and said the bylaws does not allow renters to have dogs. They forwarded me a copy of the bylaws that says:

    (f) No animals, livestock, fowl or poultry of any kind shall be raised, bred or
    kept in any Unit or In the Common Elements. Unit owners may, however, keep household pets, including dogs and cats, kept In Units, which
    animals shall not exceed twenty five (25) pounds in weight; and provided
    further than any such authorized pet causing or creating a nuisance or
    unreasonable disturbance shall be permanently removed from the
    Property upon three (3) daysí written notice from the Association.

    The President interprets this as renters cannot house dogs. It doesn't say anything about the rights of renters anywhere in the bylaws. Do I have a valid argument? There also are many dogs over the 25lbs limit so other bylaw policies are being broken that haven't been addressed. Can I use that to my advantage? Can I use the discrimination card (being an asian owner in a mostly white owned building) as another advantage? Thanks.
    I'm reading this and wondering, whether renters can have a dog or not, it seems clear that dogs causing a disturbance can be permanently removed.

    Even if you proved renters CAN legally have dog, where does that leave you with the neighbors complaint?? Are you going to say he's "imagining it".

    You also said "you recently got the dog", which indicates the owner of the unit had no idea you were going to get one to begin with. Does your lease with the owner allow pets or not??

    This lease with the owner is a separate issue from the bylaws, and can have added resttictions, such as banning pets.

    As LL, I rented out condos, and while some condo bylaws allow dogs up to a certain size, my lease with the tenant prohibits pets, regardless of the bylaws.

  3. #3
    Join Date
    Jan 2010
    Posts
    2

    Default Re: How to Interpret My Bylaws

    Quote Quoting SChinFChin
    View Post
    I'm reading this and wondering, whether renters can have a dog or not, it seems clear that dogs causing a disturbance can be permanently removed.

    Even if you proved renters CAN legally have dog, where does that leave you with the neighbors complaint?? Are you going to say he's "imagining it".

    You also said "you recently got the dog", which indicates the owner of the unit had no idea you were going to get one to begin with. Does your lease with the owner allow pets or not??

    This lease with the owner is a separate issue from the bylaws, and can have added resttictions, such as banning pets.

    As LL, I rented out condos, and while some condo bylaws allow dogs up to a certain size, my lease with the tenant prohibits pets, regardless of the bylaws.
    That's one of the questions I had. It doesn't say anywhere in the bylaws about the rights of renters(if they can have a dog or not) so who makes this judgement then?

    I am the owner of the condo and my lease to the renters said dogs were allowed since condo owners have dogs. Maybe my assumption was incorrect.

    Apparently the Board President is more concerned about the complaint of the tenant then the actual dog being there so I'm going to see if I can work something out with the tenant that is complaining.

    Thanks for your reply.

  4. #4
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: How to Interpret My Bylaws

    Quote Quoting freshwun
    View Post
    That's one of the questions I had. It doesn't say anywhere in the bylaws about the rights of renters(if they can have a dog or not) so who makes this judgement then?

    I am the owner of the condo and my lease to the renters said dogs were allowed since condo owners have dogs. Maybe my assumption was incorrect.

    Apparently the Board President is more concerned about the complaint of the tenant then the actual dog being there so I'm going to see if I can work something out with the tenant that is complaining.

    Thanks for your reply.
    If you are the owner of the condo, you certainly can make a "no pet" rule, else you run into the exact problem you have now not to mention damage a pet can do to your place. I had to replace all the doors at a rental because of a dog, cooped up in the apartment while the owner was at work, scratched through every door.

    If you were the condo president, you can say:

    a> Sure, dogs are allowed, but they can't bark, or
    b> Renters are not allowed to have dogs.

    Take your pick.

    At one of my rental condos, my tenant complain every night to the management company about loud music next door, which was rented to two college students who then turned the place into the local hangout.

    After several warnings, the HOA imposed a fine on the unit owner everytime they received a complaint. The fines started to add up, so the owner finally gave in and evicted the tenant.

    And no, the HOA president should not be put in the position of determining if the music is too loud during quiet hours, or if the dog barked too loud. If I was the condo President, if I have to, I would just have the board approve a resolution that tenants can't have dogs if it is not clear in the bylaws.

    And I also found that many bylaws approved after the formation of the HOA not in the original bylaws, as you have to get all the updates. So the rule may be in the updates.

    By all means, talk to the occupant of the other unit. I don't think you get far with the HOA president.

  5. #5

    Default Re: How to Interpret My Bylaws

    Your president interprets correctly. Many times associations do not give the same privilege to renters as they give to owners. The reason for this is because owners have a tendency to obey rules and watch that their pets are not a disturbance. They have more of a vested interested in the property. On the other hand, renters don't usually care. And owners are responsible for their renters. Therefore it is your responsibility to deal with this matter.

    However, are you sure this is in your Bylaws? I would think it would be in your Declaration. But I really don't understand why there is even a question. The only entities allowed pets are owners and your docs couldn't be more clear. If you have a Rules and Regulations book, look at it. It may address the matter.

    Perhaps your Board is lenient with other animals because they have not received complaints from owners. When a Board starts getting complaints then they have to address them and not ignore them. And do you know for sure that other owners are violating the rules when you say their pets are over the limit? That could be debatable. Unless they have a Siberian Wolfhound.

    And why would you being an Asian be discrimination? You own in the building, don't you?

    Just remember they can fine you.

    1. Sponsored Links
       

Similar Threads

  1. How to Interpret a Right-of-Way Grant
    By ROWhelp in forum Real Estate Ownership and Title
    Replies: 5
    Last Post: 02-07-2011, 07:16 PM
  2. How to Interpret the Terminology On My Claim Closure
    By raekmike in forum Worker's Compensation
    Replies: 1
    Last Post: 12-13-2010, 06:46 PM
  3. Eviction Process: How to Interpret a Commercial Lease Clause
    By Cardiac Flyer in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 10-27-2010, 06:13 AM
  4. How to Interpret an Ambiguous Will Cause
    By yadontsay in forum Estate Planning, Administration and Probate
    Replies: 1
    Last Post: 05-06-2010, 02:07 PM
  5. Purchase Contracts: How to Interpret Contract Language
    By Harry123 in forum Buying, Selling and Conveying Real Estate
    Replies: 1
    Last Post: 04-13-2010, 05:33 AM
 
 
Sponsored Links

Legal Help, Information and Resources