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Roger
Roger, Attorney
Category: Legal
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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IF AN APARTMENT COMPLEX OF 90 UNITS HAS ARULE STATING ALL ANIMALS

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IF AN APARTMENT COMPLEX OF 90 UNITS HAS ARULE STATING ALL ANIMALS MUST BE REGISTERED AT ACOST OF 600 DOLLARS WHAT ABOUT A VISITOR WHO BRINGS A DOG INTO THE COMPLEX AND THE TEASON BEING SO THAT THE LITTLE OLD POODLE IS THERE TO GET A BATH ONCE OR TWICE A WEEK , THE OWNER OF THE APARTMENT IS BEING HARASSED IF I MAY USE THAT TERM , TO PAY A REGISTRATION FEE , AND A POSSIBLE PENALTY FOR VIOLATION OF THE RULES WHIC IS UNREASONABLE WHAT STEPS DO YOU ADVISE THE PERSON WHO IS SO KIND TO THIS LITTLE ANIMAL TO TAKE ? A FRIEND OF ANIMALS BRIAN

Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.

Does the rule qualify the animals - - such as "all animals of residents" or anything else that would differentiate between a resident's animal and a guest's animal?

Customer: replied 4 years ago.

I believe it requires all animals its an unresonable law or rule if applied to visiting situation of a time of a few hours to complete the clean up


there needs to be some wiggle room , don't you agree .is this discrimination?

Ok Brian, thanks. Give me a moment to do some research.
It's not really discrimination because there's no protected class of individuals being excluded - - the only exception would be if the pet was a service animal for a disabled/handicapped person. However, the rule does seem unfair.

From what I've looked at and in my experience, the CCR's and bylaws ONLY pertain to a resident/member of the complex. Thus, someone who isn't a member can't be forced to pay a fine because they haven't agreed to it. However, the complex could prohibit any animals from coming onto the property IF they don't belong to a member - - that would be legal.

But, to say that if a friend's pet comes to your house a few days a month or so, a fee should be paid is a little over the top.

It sounds like the provision is ambiguous because it doesn't differentiate between a member's pet and a guest's pet, and that may be the way to try and get the rule amended. It's just like provisions that say if a person has a houseguest for over 30 days, there's a penalty or the person has to tell the guest to vacate, etc.

Thus, the rule would seem unfair and really unenforceable to non-members, BUT the member could get stuck with a fine for harboring a guest pet unless the rules are changed. The best course is likely to ask the complex board to amend/clarify the rule to address member and non-member pets.
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Hi - I was checking in to see if you have any additional questions. If so, please let me know and I'll be glad to respond. Thanks.