Legal > I want case law from Florida in which pet owners prevailed ... >

I want case law from Florida in which pet owners prevailed in cases similar to the one I submitted. I am quite willling to pay an addittional charge & have aproved payment to attorney JD HassI have lived in my FLORIDA condo unit since 5/15/07 with my dog who is over the weight limit of the covenants that limit the weight to 2-dogs not more than 40 pounds each, my dog is about 50 pounds. I obtained an exception to the weight rule on 7/15/05 by the then board & have never had a complaint from the board or management from then until now about my dogs conduct nor any letter asking me to remove the dog.
My problem now is that the current board president wants to have me remove the dog, I believe his reason is that I ran for the board this past March & I would have obtained a seat on the board if it were not for the current board president who obtained an "opinion" from the condo's attorney on the day of the election that stated: several votes I obtained would not be counted. When I asked the law firm for the written opinion furnished, the board president my request was refused to see it was refused. The written reply stated: I was only as a unit owner the legal opinions he provides the board president are confidential.
I have obtained copies of e-mails that the board president would do everything he could to keep me off the board. One of my known goals was to terminate the relationship with the law firm.
I believe I have sufficient reason that the reason the board president wants my dog out is that by doing so, I will leave.
When I ran for office I had the support of a board member, he was told by the board president, that: he was in total shock over the support he gave was giving me. When he was told that the support for my candidacy would not be withdrawn notices were posted on the bulletin board, that stated: that I was going to be out of the condo very soon & my supporter on the board was on probation. The board member who supported me is a retired high ranking naval officer (flag rank) he nor I were about to be intimidated.
The whole thing was a big joke to me that some people want to be on a condo board so bad, they become thugs.
Is there a Statue of Limitations in Florida despite anything as stated; in the use resurrections to protect me & my pet? I KNOW IN NY IF YOU HARBOR A DOG open & notoriously, that after a period of 90 days, the owner of a unit can't be forced to give up a pet no matter what the condo documents state.

Edited by Customer (name blocked for privacy) on December 3 2007 at 7:14pm

Optional Information:
merrit Island, Florida

Customer (name blocked for privacy) (Online) -- 0 Accepts/1 Questions Deposit Made!

Answer
December 04 9:21 a.m. (18 hours and 40 minutes later)
What should I do?

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I am glad that you are not being intimidated by these events. Legally, your rights are in large part determined by the association rules. Since they have ruled to allow you to keep your dog, then you can keep your dog until they legally revoke that right. There are many things going on in this association and your dog is merely one of a number of conflicts.

I suggest you contact a Florida condominium lawyer and ask him or her to assist you in this matter. From your description, the board and board leader are acting in illegal ways and an attorney might be your best option in order to resolve all of the outstanding issues.

You can find them on an internet search or by contacting the Florida bar referral service: http://www.floridabar.org/divpgm/lronline.nsf/wreferral6?OpenForm

Regarding the NY law, I am not aware of a comparable Florida law. In my opinion, the association rules would control. Another reason why my advice is the way that it is.

Good luck in resolving all of the issues between you and the board.

I hope that I have helped you and that I have answered all of your questions. Please contact me if I have not answered all of your questions. If my answer is satisfactory please accept it. I really appreciate positive feedback.

 

In the future, you can specifically request that I work with you on your legal question. If you have specifically requested that I answer this question, thank you.

 

 

Please be aware that my answer is not legal advice, it is merely information. You and I have not entered into an attorney/client relationship. The only way that I am legally responsible for your legal rights is if you have signed a written retainer agreement with my law firm.

 

 

J D Haas (Online) -- Lawyer (JD) -- 100% Positive Feedback on 862 Legal Accepts
21 years as a serious injury/wrongful death trial lawyer; nationally board certified; 41 jury trials

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Your Reply
Sent December 04 10:19 a.m. (57 minutes and 30 seconds later)

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Your advise........."Regarding the NY law, I am not aware of a comparable Florida law. In my opinion, the association rules would control. Another reason why my advice is the way that it is."

What I was looking for is some case law in a matter similar to mine. Certainly if one has had a pet for years, especially with approval of a condo board there would be similar cases in which people are able to keep the pet despite condo rules.
Customer (name blocked for privacy) (Online) -- 0 Accepts/1 Questions

Answer
December 04 10:35 a.m. (16 minutes and 22 seconds later)
What should I do?

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Here is a proposed bill in Florida. It is not law until it passes the legislature and the Governor signs it: http://www.petsincondos.org/suggestedbills.htm

The protection that you want is located in this bill. The protection that you want, like the NY law, is not law in Florida at this time; thus, the association rules would control. However, they have given you written authorization for your dog. To retract that seems like "selective enforcement" and therefore open to attack.

I could not find a case in which people were allowed to keep pets in contradiction to condo. rules. In fact, please see this case in which dog owners were forced to give up their dog because of a "no pet" rule: http://www.myflorida.com/dbpr/lsc/arbitration/final_order_indexes/regular/allorders/013857.pdf

I am sorry, I could not find cases that say that a pet owner can keep a dog in contradiction to association rules.

I hope that I have helped you and that I have answered all of your questions. Please contact me if I have not answered all of your questions. If my answer is satisfactory please accept it. I really appreciate positive feedback.

 

In the future, you can specifically request that I work with you on your legal question. If you have specifically requested that I answer this question, thank you.

 

 

Please be aware that my answer is not legal advice, it is merely information. You and I have not entered into an attorney/client relationship. The only way that I am legally responsible for your legal rights is if you have signed a written retainer agreement with my law firm.

 

 

J D Haas (Online) -- Lawyer (JD) -- 100% Positive Feedback on 862 Legal Accepts
21 years as a serious injury/wrongful death trial lawyer; nationally board certified; 41 jury trials

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Accept Answer? Yes ?

Optional Information:
merritt island, Florida

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