Pet/condo legal issue with a twist

San Diego, CA Viewed 34 times. Posted 2 months ago in Residential
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I understand that condo assoc have a right to make rules with regards to pets. And, many times, when a change is implemented, those owners with a pet in violation of the new rules, can be grandfathered under the old rules.

Here's my situation. I bought a condo in 2003 which I have never occupied. At the time, any pet of any size was permitted. Since then, the association has change the rule to allow for any pet not to exceed 30 lbs. Now, I am looking to move into the condo, but my dog of 16 years is 45 lbs. What should I do? I'm of the mind to "come clean" and throw myself at the mercy of the board. My spouse thinks I should play dumb and say she's 30lbs. - Is this your question? Add additional information
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Answers (3)

Steven Alan Fink

Steven Alan Fink

Contributor Level 8
This attorney is licensed in California. Posted 2 months ago. Flag as objectionable
My spouse would tell me I do not have to "play" dumb. Seriously, your spouse is correct. If noone raises the issue why should you. If they do raise it, play dumb. You were unaware of the change. then throw yourself on the mercy of the association.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
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Brian Richard Dinday

Brian Richard Dinday

Contributor Level 8
This attorney is licensed in California. Posted 2 months ago. Flag as objectionable
I agree with Mr. Fink, and anyway, how long is poor Fido going to be around at age 16? At 7 to 1 for dog years, the pooch is 112 for Pete's Sake. You should get away with it. Tell them Fido is on a diet, but he keeps forgetting because he is old and senile.
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Laura Mcfarland-Taylor

Laura Mcfarland-Taylor

Contributor Level 8
This attorney is licensed in Illinois. Posted 2 months ago. Flag as objectionable
I agree with my colleagues - play dumb.
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