Home Forum Extra
Seattle Times business reporter Elizabeth Rhodes posts the answers to your real estate questions as they pop up during the week. Join this ongoing discussion, which also features reader reaction to real-estate articles appearing throughout The Times.
Home Forum, Seattle Times, P.O. Box 1845, Seattle, WA 98111
* Sorry, no personal replies.
December 6, 2007 8:00 AM
Pet rule has new condo owners in quandary
Posted by Elizabeth Rhodes
Q: After we purchased our condo, the board of directors said we couldn't have our two little dogs in residence so we haven't moved in. However the bylaws don't actually prohibit pets. They say "no dogs or cats or any other four legged pets will be allowed on the premises except with prior permission of the Board of Directors." Also, "The keeping of pets and animals of all kinds may be prohibited or restricted in any manner the Board may from time to time determine." We know a large dog (belonging to a board member) and at least two cats are in residence. How can we resolve this and keep our pets?
A: Condominium associations have several layers of governance. There's the declaration. Under it are bylaws. Generally the bylaws allow the board of directors to adopt reasonable rules and regulations. They're the last layer of governance.
What's not clear from your question is whether your board has taken that last step and actually written specific rules regarding pets. If it hasn't, and it's trying to keep your dogs out based on general language in the bylaws, then it's on soft ground says attorney Tony Rafel of the Rafel Law Group in Seattle.
But let's say there is a pets rule. The board could still be in trouble if it's enforcing it selectively or unreasonably. That other animals are in residence would suggest that might be the case.
What should you do now? If you're not sure about the status of your association's pet policy, take all of your documents to a condominium attorney for a review.
However if you're sure that your declaration doesn't prohibit pets (some do), and the board hasn't adopted rules and regulations prohibiting them, then you should move in, Rafel suggests.
"You've bought, you have the right to possess," he says. "The board could take action against you, but on what basis?"
If there isn't a rule in writing, applicable to all, then you and your pets have no problem.
Mar 19, 08 - 11:00 AM
Condo board considers hiring members to manage association
Mar 18, 08 - 05:00 PM
More on buying a foreclosed property with multiple liens against it
Mar 17, 08 - 03:50 PM
A reader recounts Rex Agreement experience
Mar 14, 08 - 09:00 AM
Reader wonders about insurance coverage when home is vacant
Mar 13, 08 - 02:33 PM
Out-of-state seller wonders about Cle Elum market

nwjobs

Post a comment

Michelle Goodman blogs about work/life balance.
Tax tips for new independent professionals
Post a comment
nwautos

Choosing a new SUV? Weigh the impact your choice will have on your wallet and on the planet.
Post a comment
nwhomes

Find a new home or condo that fits your lifestyle.
Search New Developments
Builder Directory

- Seattle may allow homeowners to build backyard cottages
- Landmark Smith Tower mostly vacant
- Police: McNair's girlfriend bought gun Thursday
- Mariners Blog | What the Seattle Mariners learned on their road trip
- Property taxes: Appeals shoot up in King, Snohomish Counties
- Climber who died in fall was Duvall woman
- New laws help tenants evicted due to foreclosure
- Palin links resignation to 'higher calling' and blasts media in Facebook posting
- Former NFL MVP McNair killed
- Microsoft warns of serious computer security hole
- Seattle may allow homeowners to build backyard cottages
- Property taxes: Appeals shoot up in King, Snohomish Counties
- Researchers stunned by inmates' success raising endangered frogs
- Hard times for tourist towns means good deals for travelers
- Landmark Smith Tower mostly vacant
- 250 gather in field near Twisp for fairy congress
- New laws help tenants evicted due to foreclosure
- Microsoft warns of serious computer security hole
- Plasma and LCD beware; OLED screens ready to go mainstream
- Home sales climb in June in King County; median price drops from year ago to $395,000








