Old By-Laws (Wording Banned Dog Breeds)

Started by DarleneN • 7 replies • 2767 views

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DarleneN
Posts: 25

Posted:

I know, wow this is testy. One of our owners has rented his condo to a couple with a Pit Bull. They are outlawed here so the owner got a letter that the dog had to go. The original By-Laws dated 2002 simply said "Pit Bull". Now this owner says the dog is a mixture of Labrador and Pit Bull and the AKC doesn't call a Pit Bull a breed, rather a mixture of breeds.

But it does not say in the By-Law that the AKC is the 'bible' on dog breeds either I think the BOD is the deciding factor here. I realize now that the wording in the R&R will need an amendment to say "any mixed breed of Pit Bull" but in the meanwhile how does the BOD make him follow the rule as it now stands?

The AKC says Pit Bulls is not a breed of dog but the UKC says it is. We, the BOD says this is a Pit Bull.

Yes, the BOD does have the right to amend or add to the rules provided by the By-Laws. Any amendments to the rules can be done as long as the original rule is stated in the By-Laws. And this one is.

Article VI
POWER AND DUTIES OF THE BOARD OF DIRECTORS

Section 1. In addition to their other authority, the Board of Directors shall have power to:

(g) Adopt and amend rules and regulations covering the details of the operation and use of the property;

From our R&R

a. The following breeds of dogs are not permitted anywhere on Park Place premises: Doberman, German Shepherd, Wolf Hybrid, Pit Bull, and Rottweiler. The board may expand the prohibited breed list at any time.

b. With the exception of a service animal required for disability reasons, unit occupants and visitors are not allowed to bring prohibited animals onto Park Place premises.

Thanks for any advice

TimB4 (Tennessee)
Posts: 21,059

Posted:

Darlene,

I suspect that your Bylaws also doesn't specify that The Diagnostic and Statistical Manual of Mental Disorders is the 'bible' for defined mental disorders or that the Department of Justice Guidelines is the 'bible' for what is determined to be a service animal. The fact that your Bylaws doesn't state this, doesn't affect that both of those publications are considered the authority for their subject.

The Board is free to use whichever authority that they desire to use. Until such authority is challenged in the courts, what the Board decides will stand.

As for the banning of breeds, I offer no opinion but provide the following resources (in no specific order):

Can HOA's ban pit bulls or other dog breeds? from AVVO

Subject: How to Enforce Dog Breed Bans Thread on this forum

Will Your HOA Pet Policy Hold Up In Court? an article from a management company

Breed Specific Prohibited or Restricted Ordinances from the American Veterinarian Medical Association

The Case Against Dog Breed Discrimination by Homeowners' Insurance Companies a 2010 article from the Animal Legal and Historical Center

To ban or not to ban 2011 article in boston.com

HOA Pet Rules & Required Accommodations: The Facts About Comfort Animals 2009 article from HOALeader

MARYLAND APPEALS COURT AFFIRMS STRICT LIABILITY FOR PIT BULL INJURIES Community Association LawLetter (newsletter) from a legal firm

LarryB13 (Arizona)
Posts: 4,099

Posted:

Darlene,

Stand your ground.

Pit Bulls are the dog of choice among low-lifes who want everyone to think they are really baaaadddd. If those people move in, the dog will be the least of your problems.

The owner should have known about the dog breed restrictions when he rented the unit. This not a problem between the association and a member; it is a problem between a member and his tenant.

DarleneN
Posts: 25

Posted:

Thanks to both Tim and Larry for the replies.

Larry, the owner lives elsewhere now and rents his unit. The renter living there has the Pit Bull. The owner is amiss in many ways because he moved out and rented his unit without informing the board of any part of the required information clearly written in the R&R. There are requirements prior to renting units and the two pages in our R&R clearly spell out that the owner supply a copy of the R&R prior to renting a unit. The board requires notification that the owner is moving and renting the unit and current contact information for both the owner and the renter among other required documents. One of those documents requires the owner turn in a signed statement that the renter has read the R&R and will follow the HOA rules. The renter must have rental insurance (I doubt if he can get it). None of that has been done. Our own condo insurance agent says there are "no dog restrictions" in our policy.

Tim, what a nice list of links, thanks for taking the time to do that. I went to each and every one of them.

We've contacted our lawyer and she says we should go forward with what the letter stated that was sent to the owner to get rid of the dog or fines begin in ten (10)days. According to her, there would be no argument if he takes it to court because it was entered in the By-Laws in 2004 when this was registered with the state etc. The owner stated clearly that it is a Pit Bull/Labrador mixture. The BOD will stick to the "no Pit Bulls" rule and move forward.

Thanks again, your comments are appreciated

SamanthaF (New York)
Posts: 2

Posted:

Darlene...have you resolved this ? we have a similar situation and are curious regarding the outcome

TimB4 (Tennessee)
Posts: 21,059

Posted:

Darlene's post count is at zero.
This is typically an indication that the individual has withdrawn from the forum.

SamanthaF (New York)
Posts: 2

Posted:

Is there any way to determine what condo complex location she was at based on her profile ?

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By SamanthaF on 11/12/2015 6:40 AM
Is there any way to determine what condo complex location she was at based on her profile ?

Probably not. This site's policy is to discourage people from posting information that would specifically identify the name of their association or other businesses, professional services, property management firms, etc.

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