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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.

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