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?
Optional Information: State/Country relating to question: Florida Already Tried: 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.
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