My condo documents state that "each unit may house two household pets in the unit,to be limited to dogs or cats both weighing not more than fifty(50) pounds in the aggregate at maturity". A renter has a dog that weighs 75 to 100 pounds. Two boards have done nothing to either change the documents or have the renters remove the dog from the property.can the assoc. just ignore this situation?
State/Country relating to question: Florida
This situation has been addressed numerous times by owners at board meetings. The board has refused to have the dog removed or to change the documents. They know the situation and have refused to take any action.if they don't have the dog removed , it is my content ion that the documents need to be changed so that all home owners have the option of having a small or large dog.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*Welcome,It is my goal to deliver information in five-star manner. I am a licensed Florida attorney but I am not your attorney. The law does not allow me to provide legal advice or form an attorney-client relationship on this public forum. If at any time the information which I provide is not clear to you or does not fully answer your question, please ask me for clarification by using the reply button.From your description, it sounds like the Board of Directors failure to act is in breach of their fiduciary duty. It appears that they are acting in an arbitrary and discriminatory manner - They have a fiduciary duty not to simply ignore this situationYou can consider an action for breach of fiduciary duty. The Board of Directors has a fiduciary duty to the owners. One of those duties is to enforce all the rules and restrictions fairly and nondiscriminatorily and to act in the best interest of all community members.You may consider writing the board a letter, rrr stating that they are in violation of their fiduciary duties. If they do not correct their actions, you may have to file suit.I think this is what you wanted to know. Please let me know if I have answered your questionThank you in advance for remembering to rate my service. If you experience difficulty using the rating buttons, please let me know as JustAnswer pays me for my time only if a positive rating registers.
25 years of experience helping people like you.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).