Can my association pass a rule banning dogs?
I recently heard from a co-owner whose association is considering passing a rule prohibiting dogs in their condo. At present, there is no rule banning dogs and he was wondering if the association has the wherewithal to establish such a rule
Of course this is an impossible question to answer without looking directly at the associations bylaws. For the sake of argument let’s say the bylaws do not limit dogs at this time. Creating such a prohibition will most likely be a lightening rod as people will set up camp at the two extreme ends of either wanting dogs or not wanting them. The association could possibly consider a bylaw amendment, which may require two-thirds of the co-owners to approve it depending upon its jurisdiction; whereas a “rule” can be created by the board of directors and can generally be promulgated by the Board of Directors.
There is much to consider when deciding between creating a “rule” and passing a bylaw amendment. Associations are best advised to consult with an attorney knowledgeable about condominium law before proceeding.