Question: A member of our association has been allowed to keep a dog that exceeds the weight limit specified in our documents. In the last several years, this dog has attacked two other members and their small dogs. The members and their dogs were severely injured. We are told that it takes three such incidents before the association can act. True? What can we do?
Answer: There is no "three strikes and you're out" rule, and there's no reason to wait for a third person to be seriously injured. Why do you want to set yourselves up to be sued by a victim who can clearly show that you knew or should have known this was a dangerous dog? The association must act to enforce its own rules or else it is becoming part of the problem. Enforce the rules and require the owner to remove the dog.
Solution to secretive board
Question: The board of our homeowner association operates in secret. They take illegal actions without properly calling board meetings, and they spend funds with no discussion at the meetings. Who can help us correct the situation?
Answer: There is no state homeowner association agency to help you. The court system is your next step. Encourage board members to change their ways, vote them out, or take the matter to court.
Age amendment improperly drafted?
Question: We amended our documents to prohibit children younger than 16 in residence. Our townhome complex is designated housing for persons 55 years of age and older. Some residents have children younger than 16 living with them. How can we enforce our documents?
Answer: Your amendment may have been improperly drafted. Was an attorney involved? Federal law typically specifies a lower age limit of 18 years of age rather than 16, which makes me wonder if you had legal guidance. Your question also makes me wonder what enforcement effort has been made. If a rule is to be enforceable, it must be correctly written and approved; otherwise, a judge will decline to enforce it if you take the matter to court. My suggestion is that you present the matter to your association attorney. He or she can determine whether your amendment is properly written and enforceable. If it isn't, you may need to amend your documents again to limit children.
- Richard White is a licensed community associations manager. Write to him c/o Community Living, St. Petersburg Times, P.O. Box 1121, St. Petersburg, FL 33731. Sorry, he can't take phone calls or provide personal replies by mail, but you can e-mail him at CAMquestions@att.net Please include your name and city. Questions should concern association operations; legal opinions cannot be offered. For specific legal advice, contact an association attorney.
Readers may call the state Division of Condominiums Bureau of Customer Service at 800 226-9101 with questions or requests for materials. Access the Bureau of Condominiums Web site at http://www.state.fl.us/dbpr/lsc/index.shtml or write to Bureau of Customer Service, 1940 N Monroe St., Northwood Centre, Tallahassee, FL 32399-1032.
Please note that this office provides no information about homeowner associations. The state has no bureau or department covering those associations.
