Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
‘I live in a condo. The President of the Board of Directors purchased a foreclosed unit and rented it out.
The tenants have a Labrador, a violation of the bylaws which states that all pets be under 15 pounds.
The dog is now four months old and weighs much more than 15 pounds. What to do?
I complained to the President of the Board with no response. I informed him that he is now allowing other co-
owners and tenants to purchase over sized pets which could also open us up to lawsuits if one of the beasts should bite someone and that he is in violation of the bylaws. What else can I do?’> You have a few options here. First, you could bring this up with other members of the Board.
Presumably, the President isn’t the only one in control, though it’s not unusual for Boards to be in lockstep about various issues.
Question: Second, you could exercise democracy. Talk with your neighbors, and vote the President out. Then the new President can enforce the rules.
Answer:
Third, and finally, you could sue. Your personal right to sue in order to enforce the terms of the HOA can vary, so step one would be to have the HOA documents reviewed by an attorney for this purpose. Also, it’s possible that contact from an attorney might prompt some action short of a lawsuit.
