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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116728
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I live in a condo in Michigan and have 2 mini dachshunds. I have had them years. W

Customer Question

I live in a condo in Michigan and have 2 mini dachshunds. I have had them for 7 years. We have a new President of the condo association and they are now saying they will enforce the 1 pet per unit that is in the by-laws...which I didn't read, but it is there. Can they really fine me all of a sudden, after 7 years?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 2 years 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.
Did they know all along you had the two dogs?
Do your bylaws have a clause in them that states anything close to "failure of the association to enforce any section of these bylaws shall not be deemed to be waiver of that right to enforce?"
Any chance in you getting the dogs certified as emotional support or service animals?
Customer: replied 2 years ago.
I went through the by laws and could not find the clause you mentioned. I really don't know if the management co is aware i have 2 dogs. I have owned my condo for 15 years and have had 1 dog 9 years and the 2nd dog 7 years. They have never enforced, or made the pet policy know until now or i would not have acquired the 2nd dog. There are several residents with 2 pets. My next door neighbor has a dog and a cat. Should i pursue this with the management company or wait to hear from them?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
You need to first consider getting approved for a emotional support animal, which is no longer considered a pet and as such the management would not be able to have you remove either of the dogs if they are considered emotional support dogs. That is the easiest way to put an end to this and you can go through your doctor or
If you have 2 pets and multiple residents have 2 pets, then you should do nothing, if you do not decide to get approved for service/emotional support animals, until they try to force you to comply at which time you can raise the issue that multiple owners are allowed 2 pets and their failure to raise this issue before this time means they waive the right to enforce it now or at least the legal equitable doctrine of laches applies in that making you remove them now is going to cause you extreme prejudice.

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