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02-01-16, 09:39 PM
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#1
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Member
Join Date: Dec-2014
Posts: 479
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Important. I would like some help.
Here is the story:
I bought a condo 7 months ago. Other than size, the other requirement stressed was that there be no limitations on pets. As in none. The realtor knew this. The other realtor knew this. The attorney knew this. The previous owner and association president signed a release saying there was no limitations on pets.
Sunday, this list of bylaws was dropped on me. Here is one of the items. I do not know when it was added.
"No animals, reptiles, rabbits, livestock, fowl or poultry of any kind shall be raised, bred or kept in any unit or in the common elements except that dogs, cats, or other household pets may be kept, subject to any rules & regulations adopted by the board."
I know it may sound like it would fall under other household pets, but the lawyers I consulted so far said it didn't look good.
Worst come to worst, I would need to present my case in the next meeting this March.
All I can think of in terms of arguments including the following: - AC vents are on the ceiling. Mesh can be added though.
- Added locked doors and thresholds to said containing room.
- Even if it got past those doors, all the other doors in the unit have no clearance.
- Even if..., it is not going to last long without heat. (Chicago Winters, but still pretty much lying)
- I have sought out reptile groups for handling.
- The new doors (to be installed next week Friday) to the room have locks with thresholds.
- Exposure to other tenants. Any danger would be isolated to me. Typical behavior would branch off this.
- "You wouldn't have known if I didn't mention it." (scraping...)
- Relative seriousness to a cat bite (more scraping...)
I understand the containment arguments if presented here would be laughed at, but I have a shot with these guys. =/
Knowing that I provide a meager presence here, and I hate asking for help, but I would like anyone's advice on any defense.
Worst case scenario, the reptile rescue nearby will get a fully outfitted T20 that's already been ordered.
Thanks for reading.
Last edited by REM955; 02-01-16 at 09:39 PM..
Reason: Missed a piece.
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02-01-16, 10:22 PM
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#2
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Member
Join Date: Dec-2014
Location: Louisiana
Posts: 743
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Re: Important. I would like some help.
Wait, so those rules were not in place when you bought the condo? Also, I know you said "bought" but I just want to clarify...you bought the condo or rented/leased it?
I hate to say it, but if the lawyers are saying that there isn't a way around it, there probably isn't. Your best bet would be to work around the language in the original contract and hope that it could be interpreted to mean that you have the right to keep your pets through the original contract. But again, a good lawyer would have been able to see that if they took a good look at everything.
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02-01-16, 11:16 PM
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#3
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Forum Moderator
Join Date: Jun-2013
Location: ATL
Posts: 6,744
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Re: Important. I would like some help.
I'm not an attorney but if these are new rules then your terms and conditions may be protected or grandfathered under the previous rules. If you have the agreement in writing then you may have some standing. Best wishes.
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02-01-16, 11:30 PM
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#4
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Member
Join Date: Dec-2014
Posts: 479
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Re: Important. I would like some help.
I understand from a legal point of view my standing does not look good, so I am planning out how I engage the association with reason.
Bandit:
I do not know if the rules were indeed in place at the time. I have asked management if they have a back log of changes made.
I did buy the condo. The unit is in my name alone.
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02-02-16, 03:12 PM
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#5
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Member
Join Date: Jan-2016
Location: bethel park pa
Posts: 1,141
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Re: Important. I would like some help.
dear rem955, please keep us posted on your problem. we live in an apartment that allows my dog but i have never let them see mac. when i need work done i hide him. i'll be in bad shape too if they ever come in when i'm not here to fix anything.
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02-02-16, 03:21 PM
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#6
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Member
Join Date: Jan-2016
Location: bethel park pa
Posts: 1,141
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Re: Important. I would like some help.
i know this is going to sound far out but would they consider that the snake is an outlet for your anxiety? there"s kids at my daughter's college that get to keep small reptiles because the have anxiety issues ans a pet helps them. all they need is a md excuse and it doesn't have to be from a psych md.
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02-02-16, 03:22 PM
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#7
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Member
Join Date: Dec-2014
Location: Ontario
Posts: 2,118
Country:
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Re: Important. I would like some help.
I don't know how things working down there but up here they can say no pets but legally can't do anything aside from allergies. Good luck though, keep us posted.
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02-02-16, 05:22 PM
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#8
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Member
Join Date: Dec-2014
Posts: 479
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Re: Important. I would like some help.
In terms of the anxiety treatment, I believe that it is because the school is a bit lenient on the kids in that case. It would certainly be in their right, however the HOA could pass a bylaw saying otherwise.
Thanks for the wishes, but are there any arguments one can think to make? I am looking at trying to push a comparison with cats. Not sure I want to explicitly use the term domestic animal.
I did find this just went effective for Illinois, though. USARK supported bill:
Illinois Herptiles Act | USARK
Otherwise, the main hope is to leverage the phrase "household pet" not being the same legal phrase "common household pet" which only explicitly includes turtles. With that I can start some movement in my arguments.
Here's hoping. (herping)
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02-02-16, 05:38 PM
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#9
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Member
Join Date: Dec-2014
Location: Ontario
Posts: 2,118
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Re: Important. I would like some help.
Well you can argue they make no noise, no smell and no damage. But damage is irrelevant because as a condo you own it. No one would know you had them if you didn't mention it. You pay your own bills and no one goes into your unit with the exception of your HVAC maintenance. I've done that before in a no pet condos and we saw dogs, cats, fish, reptiles. Only person we reported was a dog because he was snarling and barking at us the moment we cracked the door and no one was home. We didn't care if you had pets but we had to write down why we didn't do the work in that unit.
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02-02-16, 06:18 PM
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#10
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Member
Join Date: Dec-2014
Posts: 479
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Re: Important. I would like some help.
Thanks for your input, trailblazer. Though I imagine that the poop would have to smell a little bit. That may be a concern as the AC system is supposedly linked. I know the smell of pot isn't coming from my unit...
And here is one of the disclosures from the property manager at the time of closing.
As long as the language does not change, I can try to use this to strengthen my hold.
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02-02-16, 06:23 PM
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#11
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Member
Join Date: Dec-2014
Location: Ontario
Posts: 2,118
Country:
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Re: Important. I would like some help.
Quote:
Originally Posted by REM955
Thanks for your input, trailblazer. Though I imagine that the poop would have to smell a little bit. That may be a concern as the AC system is supposedly linked. I know the smell of pot isn't coming from my unit...
And here is one of the disclosures from the property manager at the time of closing.
As long as the language does not change, I can try to use this to strengthen my hold.
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Unless your building is different from any condo I've ever been in it isn't. Your ductwork is your own, you live in a concrete box with a fan coil or heat pump in the wall behind a metal panel. Only system that's linked is the hallways. Each unit has it's own heating/cooling. A fan coil being you get heat or cool when the building changes the water temp or a heat pump where you get to choose with a compressor and refrigerant.
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02-02-16, 06:55 PM
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#12
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Member
Join Date: Dec-2014
Posts: 479
Country:
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Re: Important. I would like some help.
It is not quite a concrete box. It seems like a cinder block build with a brick veneer.
As for the floors and ceilings can see that it is flexicore, I think it is called.
But yes, the AC unit is for me alone. Eh, oh well. Back on topic.
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02-02-16, 06:59 PM
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#13
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Member
Join Date: Dec-2014
Location: Ontario
Posts: 2,118
Country:
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Re: Important. I would like some help.
Quote:
Originally Posted by REM955
It is not quite a concrete box. It seems like a cinder block build with a brick veneer.
As for the floors and ceilings can see that it is flexicore, I think it is called.
But yes, the AC unit is for me alone. Eh, oh well. Back on topic.
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That means your HVAC is yours alone so your ductwork isn't connected to any other unit. So no air from yours to someone elses condo. Whatever gets under your front door into the hall is whatever. Reptiles are legal, pot isn't so nice to see the priorities of this building.......who knew the stigma of reptiles was worse then pot
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02-02-16, 07:42 PM
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#14
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Member
Join Date: Dec-2014
Location: Denver
Posts: 839
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Re: Important. I would like some help.
Quote:
Originally Posted by trailblazer295
That means your HVAC is yours alone so your ductwork isn't connected to any other unit. So no air from yours to someone elses condo. Whatever gets under your front door into the hall is whatever. Reptiles are legal, pot isn't so nice to see the priorities of this building.......who knew the stigma of reptiles was worse then pot
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Depending on where the op lives this may not be true.
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R.A.D. house
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02-02-16, 07:46 PM
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#15
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Member
Join Date: Dec-2014
Location: Ontario
Posts: 2,118
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Re: Important. I would like some help.
Quote:
Originally Posted by MesoCorney
Depending on where the op lives this may not be true.
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True but 48 of 50 states it is.
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