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PaulM
(Pennsylvania)
Posts:1347
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| 12/02/2007 6:05 AM |
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AnneH1: Yes, we are now on 3 pages, and I am moved to post a second time for this situation.
Anne, you as a Board member know the CC&Rs must be followed. They are a legal document. The CC&Rs state what you had to do PRIOR to your mom having a dog--1 dog, or 2 dogs. Your mom as the unit owner had to get written approval from the Board and that was not done.
You post further, ..."Now dated 2/07/07 the three BOD'S came up with a bunch of rules & regs one of which pertains to PETS here's what it says " Unit owners & tenants shall be allowed PETS if they recieve prior written approval from the Board. The limit is two PETS total, 1 dog & 1 cat or two cats. The wt. limit for any 1 pet is 20lbs..."
I agree that the BOD has further defined the CC&R to actually CHANGE the meaning (define what kind of pets, and weight) which is not a legal change, nor would it hold up in court. But, they, the BOD, decided to make it a RULE not a CC&R change requiring member vote.
IMHO, the real issue here is that they can't legally hold your mom's 2nd dog to a Rule. They can send fine/s all they want, but the Rule opposes or changes the intent of the CC&R and the CC&R supersedes "Rules" in authority.
But, you must admit, you did not follow the recorded and official process, and this is what has gotten you, your mom and the little dog in trouble with the rest of the BOD. There must be some way for all involved to come to a fair resolution. Good Luck.
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HaroldS
(Arizona)
Posts:904
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| 12/02/2007 8:08 AM |
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| I asked before if Anne has ascertained if every other pet owner in the complex has/had gotten written approval to have a pet(s). As a board member she should have access to that information. This could be a key element for defense if others have pets without their having gotten written approval and the board is not harassing those owners. Harold |
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AnneH1
(Florida)
Posts:14
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| 12/03/2007 10:02 AM |
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Paul, I did send them many letters even with alternatives/ poss. solutions regarding the dog. All were denied. I did try.
Harold, How do I go about asking for the records of all the pet's approval without them having time to cover up anything? |
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DonnaS
(Tennessee)
Posts:2832
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| 12/03/2007 10:04 AM |
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Anne,
Did you see the last post on Page 3? I would like to know any info that you can give me/ Thanks, DonnaS |
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PaulM
(Pennsylvania)
Posts:1347
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| 12/03/2007 10:11 AM |
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| DonnaS: You have raised a valid point, however, the quote you have posted from Florida statutes is referencing: BYLAWS. Do you think the same would apply to a 'rule' the Board has initiated on their own? |
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DonnaS
(Tennessee)
Posts:2832
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| 12/03/2007 10:21 AM |
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Paul, Good question and I just happen to have the right answer.
The ByLaw is from the Florida Statute which is the requirement for making any rule change, no matter what an individual association ByLaw may say. ByLaws may NOT lessen any minimum procedure from the State. The Statute takes precedence. Rules and Regulations must follow this procedure as Rules and Regs do not require a membership vote but are just enacted by a vote of the BOD but they must adhere to the meeting postings to the membership, no matter what. |
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DonnaS
(Tennessee)
Posts:2832
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| 12/04/2007 6:10 PM |
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Anne,
I had another thought this morning. Was the change to the Rules and Regs posted 14 days prior to a meeting that was called to accept the change? It is required to be done at a regular or special called meeting.
Below, you will find the sentences from the Statute 718;112 BYLAWS from which the requirement is stated. If they did not follow this procedure, then any rules that they say are changed--are invalid. I hope for your sake that they did not follow this procedure. Good Luck, Donna
718;112 BYLAWS-- Such emergency action shall be noticed and ratified at the next regular meeting of the board. However, written notice of any meeting at which nonemergency special assessments, or at WHICH ANY AMENDMENT TO RULES regarding unit use, will be considered shall be mailed, delivered, or electronically transmitted to the unit owners and posted conspicuously on the condominium property not less than 14 days prior to the meeting. Evidence of compliance with this 14-day notice shall be made by an affidavit executed by the person providing the notice and filed among the official records of the association |
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HaroldS
(Arizona)
Posts:904
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| 12/04/2007 9:42 PM |
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| "How do I go about asking for the records of all the pet's approval without them having time to cover up anything?" I don't know. How are your member records kept? There should be a file for each unit into which a copy of everything goes regarding that unit. Perhaps you could select the file of a unit you know has pets and see if there is a request and approval letter there. Or even ask another member who you know has pets if they asked for and got written approval. I'm not sure how they could alter or add records for everyone in the complex before allowing you to see the records. It would seem like a lot of work to keep track of the comings and goings of pets. I would bet money they don't have complete current pet approval records. Harold |
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AnneH1
(Florida)
Posts:14
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| 12/06/2007 12:32 PM |
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DONNA
I did write several letters to the president requesting to keep the dog. Some of them but not all of were answered with NO we can NOT have the dog. I offered different solutions so we didn't have to get rid of him all together but the answer was always no! No, they did not post 14 days in advance of the meeting when they decided NO we couldn't keep him and made a rule no visiting pets either. The topic was brought up at the meeting so they decided right then & there. They post monthly meetings 48hrs prior to the monthly meeting. Did this answer your question?
Dana,
There is no more to this than what I have stated. |
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DonnaS
(Tennessee)
Posts:2832
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| 12/06/2007 12:52 PM |
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Anne,
Go to page 3 and the last post and the last paragraph of my post tells you about how they violated the Statute. It is the actual words of the 718;112 law on rules and regs, which is what they did to your association. I know this for a fact because our Master President , at a regular meeting, had sent out Rules and Regs, without a 14 day notice. It just happend that our attorney was present and made notice that the Board could not vote to accept the Rules and regs because of not having proper notice to the residents---14 days prior to the meeting. |
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