Legal Question in Real Estate Law in Massachusetts
Can my Property Management Company limit the size of my dog in my townhouse?
I live in a townhouse complex in Mass. I own my unit, and it is about 1500 sq feet with a front and rear entracne, attached on left to one other unit. There are many large dogs in my neighborhood, despite some verbage in the property management's Rules and Regulations stating that no pet can be over 30 pounds. I know for a fact several neighbors have dogs well over 50.
In order to get the dog, I have to apply in writing to the board of trustees with the breed of dog. Since we are looking at a Black Lab as a future Pet, the Trustees may imply that the dog will grow larger than 30 pounds. If I don't "register" the dog with the Townhouse Association, I run the risk of fines and I feel if I do register it, they will tell me "NO, DON'T GET THE DOG!!!"
Do I have anyy legal rights to FIGHT the Preoperty Management's by-laws, especially since I see everyday dogs that are larger than 30 lbs., or do I have to just NOT get the dog? Is that discrimination if my neighbor has a 100lbs SheepDog??? HELP!?!?!?!?
1 Answer from Attorneys
Re: Can my Property Management Company limit the size of my dog in my townhouse?
Good question. Please give me a call.
You are right that an inconsistent application of the rule is not proper; a rule not enforced against others should not be enforced against you.
From the hip, I would find out if the sheepdog owner applied and take a clue from that, to start with; overall, I'd be more inclined to apply and fight a denial than to risk getting a dog and fighting fines levied. Moreover, you can probably get a pretty good idea of whether your application would be approved by asking a handful of the 'decision-makers' informally.
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