I've lived i this apartment for 16 years and the prior management company said that if i owned the dog for at least 3 years then i can keep him. Now this new management spontaneously informs me that i have to remove my dog within 7 days. My dog had all his immunizations and all of his tags are up to date. So are they legally allowed to do this? And what can i do to stop them?
2006-12-13 12:43:12 · 16 answers · asked by wwwdaviddcom 1 in Pets ➔ Dogs
well, i've never gotten any complains about my dog and its size isn't an issue since its only 30 pounds. I do own this apartment and it is a condo. Also, would someone please explain to me what a grandfather clause is?
2006-12-13 12:53:40 · update #1
You need to check with your Home Owners Association rules to find out if the dog is infact in violation of the HOA. If the dog is not in violation of the HOA, then you will need to show management a copy (not the original to be safe) these rules and be prepared for a battle.
Do not, however, impersonate a service dog (which is what was stated above) for mental health purposes if you do not suffer from a disability. It is difficult enough for those individuals requiring the use of a service dog to get one as it is and the fine is very stiff ($1000 per incident) if caught impersonating a service dog.
2006-12-13 15:38:32 · answer #1 · answered by ShadowWolf 2 · 0⤊ 0⤋
A grandfather clause is an exception that allows an old rule to continue to apply in some existing situations where a new rule will apply in all future situations(wikipedia). I would go and look at any paper work that you have regarding any rules or regulations about pet ownership. If they have been consistant with their policy until now I would think you are covered by the grandfather clause. I recently went through this with my apartment complex where i am just a renter but I have lived here for 7 years. They recently put a breed and weight restriction on dogs and my dog is a 50 pound pit bull which falls out of their "acceptable" limits. They told me they knew they could not do anything about it because I was grandfathered in.
I hope this helps.
2006-12-13 15:04:26 · answer #2 · answered by lulupink 1 · 1⤊ 0⤋
If the prior management said you were OK, then I think you are protected by the grandfather clause. You will have to see if the grandfather clause pertained to you since you lived there for so many years. If you own this condo, I don't think they can tell you to get rid of your pet at all.
The grandfather clause means you were allowed to have you pet at an earlier time, then the rule was changed. Anyone who comes into the new lease will not be allowed to own a pet under the new management, so only the people under the old rule will be able to keep there pet, new people moving in will have to choose to live there under the no pet rule.
2006-12-13 12:47:19 · answer #3 · answered by eva diane 4 · 1⤊ 0⤋
If it's a condo, then there's probably a residence association. They would have to change the rules for the management to refuse your dog, and then you have a say in the RA so you can fight it. Get a copy of the RA bylaws and read carefully about pets.
This is a condo, which you own, right? Not just an apartment that you call a condo? Because if you're only renting, then management can pretty much do what they want. Check your lease in that case. It should spell out what pets you can or can't have. If it has no mention of pets, fight it. Make them spell out what conditions are.
2006-12-13 12:48:21 · answer #4 · answered by Michelle F. 3 · 1⤊ 0⤋
Grandfather Clause and how it would affect you...
When you got your dog, your condo allowed pets at that time. Then later down the line, they change the rules to say pets are not permitted. But because you were previously allowed to obtain and keep a pet, they can only apply the rule to new residents, or existing ones who don't already have them. They are required (not sure the full legal aspects of this tho) to allow you to keep your dog as you had him before the "new rule" was put into place.
If this Grandfather Clause works in your favor and you are allowed to keep your dog, then you will be allowed to keep him for his entire life, but when he some day goes on to the Rainbow Bridge, you won't be able to get a new pet.
If you have good relations with others in your condo building, maybe they would be willing to support you in allowing you to keep your dog. If they are willing to do any kind of written statement saying they have no issue with this, it would be helpful for you to show the new management that your neighbors are okay with this.
There may also be some groups who support the right to pet ownership who may be able to help you with a situation as this. Do a little research on the net and in your town to see if there's something like this in your area.
2006-12-13 13:32:12 · answer #5 · answered by Shadow's Melon 6 · 1⤊ 0⤋
Laws vary from state to state. However, if this is a condo that you own, it's unlikely that you'll have to comply unless your dog has created problems...and you'd know, because you'd have been warned already. It's rare that an owner would be forced to give up a dog except in extreme circumstances.
But, if the CC&R's state that dogs are not permitted, it's within the rights of the Board of Directors to enforce that provision.
If you're renting...anything goes, though a seven day notice is probably not legal. If you are not on a term lease, the usual notice to amend an agreement is thirty to sixty days.
I suggest you seek legal advice
2006-12-14 06:04:22 · answer #6 · answered by Debbi K 2 · 0⤊ 0⤋
I once had this problem when the complex I lived in was sold.I got a note from a therapist that said losing the dog would be detrimental to my health.I'm quite sure your doctor could advise you. A grand father clause is when the situation was PRE- EXISTING which yours is and they may just be trying to scare you into getting rid of the dog without legal action.Check your legal papers ( on your condo ) and see what your rights are , but , the note thing actually WORKED for me.The management also said there were others with notes that ALSO kept their dogs at this paticular complex so it is a LEGAL action Good Luck .
2006-12-13 13:35:15 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Do you have a lease in affect that allows you to have this dog? I know here where I live when I bought my apartment building I had the choice to keep the current leases or not to and have my own leases or have the tenants move. If the new owners won't allow you to have the dog and you have no lease I would find a new place to live that will allow you to or find a new home for your dog.
I have 2 dogs 3 cats a 55 gallon fish tank a 5 foot python and it would be hard to part with any one of them except maybe the fish tank
2006-12-13 12:49:11 · answer #8 · answered by barb w 3 · 1⤊ 0⤋
If you had the dog when you moved in they can not make you get rid of it. They tried to do this to my sister. It went to court the judge read the cmplant and laugh at them and dismissed the complant and made the condo pay all court cost.
A grandfather clasue means that if you were allowed to have the dog by the prior management company the new one can not make you get rid of it now. That is what saaved my sister from getting rid of her dog.
2006-12-13 13:27:22 · answer #9 · answered by gothicmidnightwitch 2 · 0⤊ 0⤋
Its their rules, but I don't think its right. I would take it up with the Housing Regulation Board and find out what your rights are.
Good luck!! =0)
A grandfather clause is kind of like an unwritten rule. If something has been going on, like animal ownership, for sometime, then It is considered a way of life. I know what it means but I can't find the right words to explain it !! Sorry
2006-12-13 12:53:26 · answer #10 · answered by moobiemuffin 4 · 2⤊ 0⤋