How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask TexLaw Your Own Question
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
17219180
Type Your Legal Question Here...
TexLaw is online now
A new question is answered every 9 seconds

I own my own condo unit and have a dog. The condo corp has

Resolved Question:

I own my own condo unit and have a dog. The condo corp has always had a no dogs allowed policy but has never enforced it. Now some people want it enforced and would like all people living in the condo to get rid of their animals. Do they really have the right to tell me to get rid of my dog? Is there anything they can do to try and get me to get rid of my dog?
Submitted: 7 years ago.
Category: Legal
Expert:  TexLaw replied 7 years ago.
Hi

Thank you for submitting your important legal issue to Just Answer. I am pleased to have the opportunity to provide you with an honest and easy to understand answer to your question.

I am an attorney licensed in the State of Texas. The following information is a brief answer to your question. However, if you feel that you need further information or that you have other insights which might help me in providing a better answer, please feel free to write back.

Unfortunately, the failure of the association to enforce its rules does not waive the enforceability of those rules. If it is a rule on the book that the association forbids dogs in the condos, then they can attempt to enforce the rule against you. The association can levy fines against you for breaking its rules, and can also potentially lead to you losing your condo.

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Zachary D. Norris or The Norris Law Firm. For complete legal advice and representation, you should consult with an attorney licensed to practice in your state.


Customer: replied 7 years ago.
how could I lose my condo just because I have a dog? how is this fair? There must be something I can do. I have had my dog for 14 years and am not about to give him up now and I am in no position right now to move.
Expert:  TexLaw replied 7 years ago.
You can file a lawsuit seeking an injunction against the HOA from enforcing this rule on the grounds of the doctrine of "laches" (meaning they've forfeited the rule because they allowed you to get a dog and 14 years later want to enforce the rule).

Unfortunately, HOA's often have the power to force the sale of the property if the person is not obeying HOA rules and is not paying the fines levied against them.

TexLaw and 4 other Legal Specialists are ready to help you

Related Legal Questions