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I purchased my condo in 2016 and was allowed one small dog.

Hi I purchased my...

Hi I purchased my condo in 2016 and was allowed one small dog. The board president decided without a vote to no longer allow any pets. I assumed my 10 pound well behaved maltipoo was grandfathered in until I recently saw a letter from the same board president (sent Dec21,2017) staying it had been brought to her attention that I had my dog in my unit after our annual meeting where I had been informed we were now a no pet condo. Judy then wrote I may be subject to a fine and that my unit would no longer be rented by Lido Dorset Condominium Association.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

I’m hoping you can tell me I’m grandfathered in. My unit is in Sarasota Florida

Lawyer's Assistant: Has any paperwork been filed?

No

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

I just saw this letter right now (I’d been traveling in December and had spotty email reception).

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Answered in 1 minute by:
3/10/2018
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,329
Experience: 30 years of real estate practice experience.
Verified
Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.
I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.
I appreciate your patience as I review your question. I will post my response shortly.
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The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.
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Do the bylaws allow amendment by the board, without a vote of the members? That would be very unusual.
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Customer reply replied 5 months ago
I’m not sure, the meeting is held once a year in October and this past meeting occurred on October 21, 2017 and started earlier than the stated time. I was allowed to speak and I thought that no new dogs could be allowed but assumed I was grandfathered in
Customer reply replied 5 months ago
I have a copy of the condo bylaws but find them difficult to understand
I have a very strong suspicion that the president had no authority to change the bylaws without a member vote or otherwise following the legsl procedure for amendment. That would make the new rule illegsl and unenforcable.
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Are you still online with me?
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Customer reply replied 5 months ago
I sincerely ***** ***** are correct, how do I respond? What can we do?
Customer reply replied 5 months ago
sorry I was trying to print out the letter
You can have your attorney send a cease and desist letter to prevent enforcement of the illegal rule. If that does not have the desired effect then you can sue the board formbreaching their fiduciary duty in blatantly disregarding the bylaws.
If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys, themselves, use this site to locate attorneys outside their jurisdiction or expertise:http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspxIt is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
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Customer reply replied 5 months ago
I must hire a lawyer to resolve this in your opinion?
Customer reply replied 5 months ago
There weren’t any condo law experts recommended by the above site
You can send your own cease and desist letter. I think, though, that it would have more impact on attorney letterhead.
You want a real estate attorney. That should be the search, rather than condo law.
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Customer reply replied 5 months ago
Ok that’s helpful thanks
You are very welcome.
If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
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Loren
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,329
Experience: 30 years of real estate practice experience.
Verified
Loren and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 5 months ago
I will
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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.

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