Legal Question in Real Estate Law in Florida
New condo law on amount of dogs in unit.
I bought my condo 9 years ago. There was no specific law on how many dogs you could own back the. I have had (2) two dogs (total weight of the (2) dogs 20 pounds) for a year and a half and suddenly a month ago they passed a new regulation saying you could only own (1)one dog with a maximum of 30 pounds. Can a keep my two dogs or should I need to move?
1 Answer from Attorneys
Re: New condo law on amount of dogs in unit.
You need to read the new "law" (is it a by-law, in the rules and regulations or an amendment to the Declaration?) very carefully. Generally, when an Association passes a new regulation, current owners are "grandfathered in". This means that the owners who have more than one dog do not have to get rid of the family pet or move. The dog is usually allowed to remain on the premises until his or death or when the owner moves. If this is the case, you have no problem.
If the Association did not grandfather in existing owners who already have pets, I believe that this new regulation/law/rule can be successfully challanged in a court of law. To do so you would need to seek the aid of a qualified attorney who is experienced in handling cases of this nature.
Scott R. Jay, Esq. 305-249-8000
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