Legal Question in Real Estate Law in California

Dog restriction policy of condo by-laws

A month ago I was in negotiation to purchase a condo. I had read in the by-laws of a 25-lb weight restriction on pets. My real estate agent left messages with the president of the Board of Directors requesting an exception to this rule for my dog. The president did not provide a definite answer. I followed this up with a letters from myself and my current landlord. The president did not follow up so I went ahead with the condo purchase. On my second day of ownership, she left me a letter stating that a day after speaking with my agent, she had consulted with the Board members and they did not wish to change the by-laws. First, I had asked for an exception to, not a change of, the by-laws. Second, I feel she withheld information from me until after the purchase was complete. What are my options?


Asked on 8/23/02, 8:53 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Dog restriction policy of condo by-laws

The difference, if any, between what you call an 'exception' and what the Board calls a 'change' is a technicality that doesn't help your case. If I were the judge, I would say that you knew of the rule and did not take reasonable steps to assure yourself that you had the necessary waiver, exception or change to 'legalize' your dog, and you have to accept the consequences.

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Answered on 8/25/02, 5:10 pm


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