New Pet Restrictions - MI

Started by BrocW • 9 replies • 2009 views

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BrocW (Michigan)
Posts: 2

Posted:

Our condo in Michigan previously had no pet restrictions. If the Association adopts a new restriction, ie a weight restriction, can that be applied to dogs currently living here? We have some dogs under 25lbs and some over 25lbs. Can we force the people who have dogs over 25lbs to remove their dogs but let the people with small dogs keep theirs?

DonnaS (Tennessee)
Posts: 5,671

Posted:

BROC,

NO!!! but they must replace the overweight pet with a new one that falls under the new restrictions, once the current one deceases. If there were no restrictions when the old pets were acquired, then you may not force an owner to get rid of it just because you changed the rules to add a weight limit.

BrianB (California)
Posts: 2,820

Posted:

yes, if done properly per your by-laws, and if no higher order laws are conflicted (federal disability, for instance). It will likely require a high percentage of your owners voting in approval to do.

Good luck with it though. Will you have weekly weigh in's for the dogs close to the line? Can I weigh my lab puppy in at 15 pounds, and count her at that weight for the next ten years? Will you force owners whose dog gets a few pounds to diet them, or give them up? Why 25 pounds? What data do you have to draw that line? what makes a 25 pound dog acceptable, but a 25.2 pound dog an unacceptable animal to live in the HOA?

FredS7 (Arizona)
Posts: 927

Posted:

> what makes a 25 pound dog acceptable, but a 25.2 pound dog an unacceptable animal to live in the HOA?

There are good reasons to restrict big dogs, and fewer reasons to restrict small ones. This is clearly an attempt to set a limit. Perhaps a compromise between the no-dog and the any-dog people.

As with all rules, the interpretation/ implementation would be up to the board.

A reasonable way to do it would be to require a weigh-in, possibly with a bit of tolerance, in the event of complaints.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Broc:

How many dogs do you have over 25 lbs? ... because that possibly is how many lawsuits you will encounter.

Donna stated the same solution I would suggest.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Another example is my 2 Westies. The male is 32 pounds and the female is 22 pounds. They are identical , brother and sister only he has broad shoulders. One goes and one stays?

BrocW (Michigan)
Posts: 2

Posted:

I phrased that poorly. I think it's a terrible idea... My dog is one of the ones over 25lbs, she's between 45-50lbs. I know people with cats that weigh more than 25lbs. Ideally we need rules that focus on owner responsibility over arbitrary restrictions. Focused on behavior that's unacceptable not the type of creature being a nuisance.

....but some of the board members circulated a letter to certain co-owners but not everyone saying co-owners needed to sign a sheet giving them permission to waive a bylaw amendment meeting and approving the restriction. Our bylaws require a meeting even if votes are done by proxy but certain board members would like to steamroll their opposition rather than have a mature thoughtful conversation.

I personally believe a restriction that forced certain owners to give up their pets but allowed others to keep them would be selective, unfair, and arbitrary. I'm not sure how a judge will look at it though. I know California has law preventing a new pet restriction from being applied to current pets and I think Florida may be similar. Michigan doesn't seem to have much supporting an argument for or against grandfathering that I can find. I wasn't sure if anyone else had run into an issue like this and knew more than I or knew a lawyer who'd handled this issue before that may be able to supply case law references or legal advise.

My holiday weekend will be spent trying to convince owners who were, I believe, tricked into signing something without understanding certain board members motivation and the consequences into rescinding their votes..... Happy Memorial Weekend!

BrianB (California)
Posts: 2,820

Posted:

I know if my HOA tried to suddenly ban my dogs, I would demand the removal of any grandchildren over 25 pounds as well.

Similarities: Both dogs and humans are mammals. Both are social creatures. Both speak only one language well, and can barely make themselves understood in any second language (well, the American Humans, at least). Both play in the mud, track dirt inside, and often, need help in the bathtub.

Differences: one makes a lot of noise, misbehaves often, and causes far too much destruction of of other properties, and can't be held responsible for their actions.

the other one usually has to be leashed when taken for a walk.

JM10 (California)
Posts: 503

Posted:

You made me laugh.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Broc - unless your documents give the board permission to WAIVE their own bylaws, then they can't even think of proposing a waiver to the membership in order to pass a restriction they want.

This issue is SO full of emotion and consequences, you want all Members to participate in voting on it.

Tell the board they are out of line and inform your neighbors what's going on.

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