Co-op dog agreement

[Jenny Goicochea]

Queens NYC
I've lived in the same (36 unit) building for over 16 years and have always had at least one dog and 2 cats. There is a no pet clause but it has never been enforced as there are about 6 other dog owners and even more cat owners.
About 10 years ago i bought into the co-op and have since lived in a large 2 BR apartment. 7 years ago I got another dog;so for 7 years I've had 2 dogs that everyone in the building was aware of. I never had a problem.
my older dog died 2 months ago at the age of 19. I decided to get another dog and was told it was OK as long as I sign a dog agreement. I thought it would be a common sense agreement so I went ahead and got a puppy 2 weeks ago.
Now I was given the agreement and find the wording troublesome enough that I do not want to sign. I'm not sure if it's even legal.

Here is what I must agree to:

Buyer understands that she may acquire another dog or pet only with the consent of the board, which the board may grant or withhold in it's discretion.


1. If dog damages any part of building, buyer will reimburse Co op for all costs incurred by corporation to repair damage within 10 days after buyer is billed. The boards determination of whether any damage in fact has been caused by dog shall be final and conclusive on buyer, regardless of whether or not such determination is based on circumstantial evidence.

2.If dog defecated, urinated or vomits in any of the common areas of the building. Buyer will promptly clean affected area. The boards determination of whether any damage in fact has been caused by dog shall be final and conclusive on buyer, regardless of whether or not such determination is based on circumstantial evidence.

3. If dog's barking disturbs more than one neighbor, buyer will at the boards request promptly enroll herself and dog in a dog training program approved by the board at the buyers sole cost and expense ; and, If training does not resolve the barking disturbance, prompt remedial action to prevent further barking disturbance (including by surgical means).

Buyer agrees that if buyer fails to comply with her obligations under this agreement, buyers retention of dog shall be deemed to create a nuisance, entitling the corporation to exercise all of its rights and remedies under the lease, law,and equity, including without limiting the foregoing, the right to obtain injunctive relief, and to terminate the lease and cancel the shares for buyers default.


Do I have any ground here?

Thanks

Jenny

[You Are Guilty]

Originally Posted by Jenny Goicochea

Do I have any ground here?

Of course you have options. You can:
a) sign the agreement and get the new dog with board approval (and be responsible for the dog's damage to the building, which you would be anyway);
b) do not sign the agreement and do not get the dog;
c) do not sign the agreement and get the new dog without board approval, which then puts you at risk of having your shares canceled/you being evicted for breaching your proprietary lease.

Take your pick.

[Jenny Goicochea]

You Are Guilty,

I get that you're trying to be cute but I'm seriously inquiring about the wording of this document. Particularly, the board having the final say even if an accusation is made based on circumstantial evidence.

So if you're not sure or don't know then please don't respond. I'm sure someone else will enjoy or benefit from your sarcasm.

I'm seeking wisdom.

Thanks.

[tranquility]

You got wisdom. What you want is to not sign the agreement and not suffer any penalties.

While there are some things you could agree to which would not be binding for a number of reasons, nothing in what you posted is such.

Refer to YAGs post.

[You Are Guilty]

Originally Posted by Jenny Goicochea

You Are Guilty,

I get that you're trying to be cute but I'm seriously inquiring about the wording of this document. Particularly, the board having the final say even if an accusation is made based on circumstantial evidence.

So if you're not sure or don't know then please don't respond. I'm sure someone else will enjoy or benefit from your sarcasm.

I'm seeking wisdom.

Thanks.

You know, had you bothered to look at the other dozen or two times this question has been asked before, you might have stumbled onto the fact that 1) I am a NYC lawyer (who has lost count of the number of cases with dogs and co-ops I've handled) and 2) gave you a 100% correct answer to the question you posed.

Since I don't know if you have a learning disability or are just an idiot, I will answer it once more. You have no rights to a dog without board approval. In order to get that approval, the Board can dictate whatever terms it wants which are not illegal. The conditions you've posted are not illegal, thus we return back to square one - you can either agree to them or not.

(Of course, if you would just like to have you hand held and be told that you can do whatever you want, then you should try another site: http://drphil.com/ )

[Jenny Goicochea]

Wow...angry much?

Anyhow, filtering out your much valued "I'm a lawyer" BS. You actually gave me an answer but NO, I don't appreciate the tone...I thought this was a place to come for help no get berated...but I guess that's why it's free and that's why your on.

FYI readers:

I've taken this one to a real lawyer not a condescending idiot playing one online.

And she tells me that I do have other options that will allow me to keep the dog but I'll need to negotiate this with the board.

[Jenny Goicochea]

I won't be coming back here so don't waste your time with "back at ya" posts.

And try to get out more...

No need to be so angry.

[tranquility]

I agree you need the board to agree with you to allow you to have a dog.

[You Are Guilty]

Originally Posted by tranquility

I agree you need the board to agree with you to allow you to have a dog.

I concur with your agreement.

Although I am glad that in the 2(?) hours between replies, our poster was able to not only find, but also meet with a "real" lawyer who was then able to concoct a scheme by which to avoid the oh, two hundred-odd years of contract law that have been followed in this country. Good job!

[Wirelessany1]

Originally Posted by You Are Guilty

I concur with your agreement.

Although I am glad that in the 2(?) hours between replies, our poster was able to not only find, but also meet with a "real" lawyer who was then able to concoct a scheme by which to avoid the oh, two hundred-odd years of contract law that have been followed in this country. Good job!

If I remember correctly than phenomenon is called the OG factor.

[HomeGuru]

Originally Posted by You Are Guilty

You know, had you bothered to look at the other dozen or two times this question has been asked before, you might have stumbled onto the fact that 1) I am a NYC lawyer (who has lost count of the number of cases with dogs and co-ops I've handled) and 2) gave you a 100% correct answer to the question you posed.

Since I don't know if you have a learning disability or are just an idiot, I will answer it once more. You have no rights to a dog without board approval. In order to get that approval, the Board can dictate whatever terms it wants which are not illegal. The conditions you've posted are not illegal, thus we return back to square one - you can either agree to them or not.

(Of course, if you would just like to have you hand held and be told that you can do whatever you want, then you should try another site: [url=http://drphil.com/]Dr. Phil.com[/url] )

**A: I like this response.