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 Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 115449
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
10285032
Type Your Real Estate Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I live in Florida in a Condo association of 14 houses. These

Customer Question

Customer: Hello I live in Florida in a Condo association of 14 houses. These are free standing homes with a 3 foot lot line. The lawns around the homes, driveways, and street belong to the association and are maintained by the association via condo fees. Recently one of the home owners requested to put in an invisible fence around his home and this created a number of questions.....1) do the board of directors have the right to approve this request without a general vote since the fence would be installed on association land? 2) If he is allowed, what about liability to the other association owners if the 3 dogs create an issue where someone gets hurt? 3) Other then voicing a negative position, what other steps can I take to stop this installation? My Name is ***** *****
JA: Thanks. Can you give me any more details about your issue?
Customer: Hello I live in Florida in a Condo association of 14 houses. These are free standing homes with a 3 foot lot line. The lawns around the homes, driveways, and street belong to the association and are maintained by the association via condo fees. Recently one of the home owners requested to put in an invisible fence around his home and this created a number of questions.....1) do the board of directors have the right to approve this request without a general vote since the fence would be installed on association land? 2) If he is allowed, what about liability to the other association owners if the 3 dogs create an issue where someone gets hurt? 3) Other then voicing a negative position, what other steps can I take to stop this installation?Read more: http://www.justanswer.com/real-estate-law/59rn2-live-condo-townhomes-association-allows-dogs.html#ixzz3x9V60Bky
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Real Estate Law Experts (you only pay if satisfied). There are a couple customers ahead of you. We can help you for less if you're not in a rush. Are you willing to wait a bit?
Customer: yes
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Whether or not the invisible fence can be installed is up to the board of directors unless your bylaws say that the members have to vote on it. Members in FL associations do not have the right to vote on everything, the board of directors has the power to make decisions on behalf of the association unless the association bylaws say they do not specifically.
The invisible fence does nothing unless the dog is wearing a collar that reacts to the invisible fence. So a human or other dog without such collar would not be harmed by the invisible fence and that is why they are used.
You need to read up on the invisible fence before voicing your negative position, since it is used with a specific collar on the specific dog and it emits a noise and a static charge through the collar, so no other dogs could be effected without them having that collar on. See: http://www.invisiblefence.com/why-it-works (you need to copy and paste it to your browser because of site technical issues we are having, I am sorry for that), for more information on what the fence is and how it works to show that it is not the danger you may believe it to be.
If you still feel so negative about the invisible fence, which is put underground and cannot be seen, then your only recourse is to file a written complaint to the board of directors regarding the reasons for your negative position and present them with facts as to why it should not be allowed. However, you need to read your bylaws, because unless they say specifically the members have to vote on this issue, it is one that is generally within the sole power of the board of directors to grant or deny permission.

Related Real Estate Law Questions