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BonnieG1 (Nebraska)
Posts: 1,186
Posted:
I know this is like suing yourself, but here is the story. The board received a petittion signed by owners with over the 25% interest required to call a members meeting to have a vote to allow dogs and cats to live in the building.
Our Master Deed states:
No use shall be made of the Property which would violiate the then municipal ordinances or state or federal laws, nor shall any act or use be permitted which would cause an increase in insurance rates on the Property or otherwise then to cause Liability or unwarrented expenses for the Association or any owner.

...All Owners, Occupants and their guests shall have a right of quiet enjoyment in the Property, and shall use the Property in such a manner as will not unduly restrict, interfere with or impede the use thereof by the Owners, Occupants and their quests.

We have a woman living in the building who is terrified of dogs. Her husband (former President) has threatened to sue if we allow cats and dogs to live here. This former President allowed a vote on animals at the animal meeting which was determined to be invalid by the board (with 2 new members)

Should we have the members meeting and allow a vote even though a lawsuit has been threatened. And do you think since this man allowed a vote on animals while President, that may work against him.

Many people for animals do not understand the extra expense this may cause us.

Thank you for your thoughts.

GlenL (Ohio)
Posts: 5,491
Posted:
Bonnie, I'm going to sue you if you don't stop posting here. Now if that dissuades you from ever posting here again, shame on you. When I was on the Board, if I didn't hear "I'll Sue" at least once a week then I wasn't doing my job. Have your vote.

Studies show that 5 out of 4 people have problems with fractions
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Thanks Glenl.

I am a new Board member and this is the first time I have heard (as a Board member) the threat of a lawsuit.
GlenL (Ohio)
Posts: 5,491
Posted:
Actually I sometimes think "I'll Sue" has replaced "In God We Trust" as the national motto.

BTW: My general response to "I'll Sue" was "Well you gotta do what you gotta do."

Studies show that 5 out of 4 people have problems with fractions
MelissaP1 (Alabama)
Posts: 13,836
Posted:
When I was President if someone threatened to sue, I would invite them to do so at their expense. The HOA can always counter-sue which doesn't cost anything but a reply...

Former HOA President
DonnaS (Tennessee)
Posts: 5,671
Posted:

Glen,

I will sue you if you don't stop posting the right answers here.

Bonnie Schedule a vote for the members. I do not see any restriction wording specifically addressing pets or cats and dogs. Make sure that you have the wording exact as to perhaps size and numbers allowed and include any type animals that will not be allowed, aka, Boa's, pot belly pigs, etc. If you have an association attorney, let him draft this or at least review the wording to insure that this is enforceable.
SusanW1 (Michigan)
Posts: 5,202
Posted:
The board must call the meeting if all rules have been followed for the meeting. That does not mean that a decision has to be made.

I am not susre what you mean by "rule". If this new "motion" to establish a "rule" is going to be in the bylaws or the CCRs will change, then I am sure there are other procedures you must follow.

Allowing pets is a HUGE step for an HOA that has never had them before. Much thought should be put into all the surrounding restrictions (size? number? cleanup? leash? noise? etc etc.)

Perhaps just establishing a committee to work on all this would be the prudent thing to do right now, with the vote on the actual "rule" to be set for later.

CarolR11 (Colorado)
Posts: 2,563
Posted:
I agree that permitting pets is a huge step. Our urban twin 25-floor towers have always allowed them, but the rules are very stringent- dogs, cats or a combo can only total two. Must always be on leash or otherwise under the control of an adult in our exterior common areas. Aren't allowed in our interior rec areas, i.e., gym, lounges, etc. Cannot be in or use the planters inside the premises or the outsides of the buildings--on the streets-- as toilets (immediate call to hearing, poss. $100 fine + any cost of cleanup/repair; fines can double for repeat violations) May not bark "incessantly," may not be locked out on balconies/decks/patios, may not be used for breeding purposes. The board has the authority to banish "nuisance" dogs or those that pose a threat to people's safety. We don't restrict certain breeds, but many HOAs do. Dogs/cats also aren't allowed in our enclosed pool/spa area.

All of these and more are in our Rules & Regulations (Community Handbook), which is a part of our governing docs. The hardest rule to enforce is keeping dogs from urinating on the public sidewalk sides of our buildings so we do have staining problems.

I also entirely agree with the idea that you form a committee to work through what types of rules your community needs. Attorney advice also is crucial.
BrianB (California)
Posts: 2,820
Posted:
Our Master Deed states:
No use shall be made of the Property which would violate the then municipal ordinances or state or federal laws, nor shall any act or use be permitted which would cause an increase in insurance rates on the Property or otherwise then to cause Liability or unwarranted expenses for the Association or any owner.

...All Owners, Occupants and their guests shall have a right of quiet enjoyment in the Property, and shall use the Property in such a manner as will not unduly restrict, interfere with or impede the use thereof by the Owners, Occupants and their quests.

Very interesting wording, taken at literal reading. I would bet that most anything someone does violates a state or federal law now-a-days, somehow/somewhere. Heck, even thinking can be a federal crime now, if they Feds want it to be. So, you've likely already broken that regulation into pieces. Tack onto that the prohibition of doing anything that would cause an insurance rate to rise (dancing? gymnastics? having a party?) or doing something that would cause an unwarranted expense, and that could be a lot of things.

One last thing to remember, the Former Prez Wife may sue, because having pets unduly restricts/interferes with her use. However, everyone else can sue because a refusal to allow pets may unduly restrict and interfere with their use of the area as well.

So, do the meeting, write the ballot up, do the vote, and let the lawsuits fall where they may. If you have done everything properly, you have little to fear, honestly.
SusanW1 (Michigan)
Posts: 5,202
Posted:
The purpose of the meeting needs to state whether or not there will be a vote on this issue.

Otherwise, have a mass meeting and form a committee to investigate the issue.

Then you can conduct a poll and see if people really want to allow animals - and all the details that come with that.

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