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I live in a complex which prohibited having animals, i.e.

I live in a...

I live in a complex which prohibited having animals, i.e. dogs, cats, etc., New amendments to permit them is now being introduced and they are grandfathering those who had said animals illegally. Can this be done?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Florida

Lawyer's Assistant: Has anything been filed or reported?

Such as? Such as?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just clarification on this grandfathering of illegal matters.

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Answered in 3 minutes by:
3/14/2018
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,833
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

HOA are free under FL law to govern themselves. This means that they can pass rules that they want to pass and they are free to grandfather those who previously had the animals contrary to the old rules. You call them "illegal matters," but they are not "illegal" they are against a rule or bylaw and the HOA does have the legal right to grant dispensation to those who previously violated the rule.

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Customer reply replied 4 months ago
Thanks so much for a record speed response. While I was disappointed, it has nothing to do with your response. I wonder, however, if there is written law on this?

Thank you for your reply.

The problem is that under FL law Chapter 720 for HOA and Chapter 718 for Condo units, they state that the bylaws/covenants of the Association govern the Association and unless the bylaws or covenants state otherwise, the board of directors may control daily operations and make the rules with the support and vote of membership in accordance with the bylaws.

So that is the "written law on this" and there is no written law saying that the association cannot grandfather those who previously were violating bylaws or rules and now making them in compliance.

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Customer reply replied 4 months ago
Again thank you for your more than timely response.

Thank you very much for your reply.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,833
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
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